hdj2011-01-17 -06
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Monday, January 17, 2011
SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, January 14, 2011, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the
provisions of law, as follows:
Accountancy, Board of
Acupuncture, Board of - 2008-2009
Acupuncture, Board of - 2009-2010
Architects, Board of
Auditor, Office of the State
Coal Severance Tax Fund
Gas and Oil Severance Tax
Children's Health Insurance Program
Banking, Division of
Chiropractic, Board of
Consumer Advocate, Office of
Ethics Commission Advisory Opinions
Environmental Protection, Department of
Integrated Water Quality Monitoring and Assessment
Oil and Gas Reclamation Fund
Oil and Gas Operating Permit and Processing
Geological and Economic Survey
Health and Human Resources, Department of
Breast and Cervical Cancer Diagnostic and Treatment
Maternal Mortality Review Team
Sudden Unexplained Infant Death
Women's Right to know Act
Health Enhancement and Lifestyle Planning, Governor's
Office (GOHELP)
Holocaust Education, Commission on
Investment Management Board Performance Audit 2009
Investment Management Board Performance Audit 2010
Justice and Community Services, Division of
Community Corrections Act
Juvenile Justice and Delinquency Prevention
Law Enforcement Training
Legislative Auditor
Lottery Commission
Massage Therapy Licensure Board - 2008-2009
Massage Therapy Licensure Board - 2009-2010
Medical Imaging and Radiation Therapy Technology Board of
Examiners
Municipal Bond Commission
Natural Resources, Division of
Nursing Home Administrators Licensing Board
Occupational Pneumoconiosis Board
Occupational Therapy, Board of
Old Fund Premium Settlement
Outdoor Heritage Conservation Fund
Physical Therapy, Board of
Professional Engineers, State Board of Registration of
Risk and Insurance Management, Board of
Real Estate Commission
Registered Professional Nurses, State Board of Examiners
State Police Recruitment of Females/Minorities
Tax Department, State of - Classified Assessed Valuations
and Taxes Levied
and,
Uniform State Laws, Commission on.
The above- referenced reports are on file in the Clerk's Office.
Resolutions Introduced
Delegate Poore offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 8 - "Requesting the Governor to take suitable public notice on Saturday, August 27,
2011, and on the fourth Saturday of August of each succeeding year thereafter, of 'First Responders
Appreciation Day', in honor, recognition and appreciation of all police officers and firefighters of
West Virginia and their families.
Whereas, Police officers and firefighters are first responders to calls for help in a wide
variety of emergencies, ranging from crimes, disturbances, floods, fires, snow storms, wrecks and
hazardous materials spills, to lost children and beloved pets in need of rescue; and
Whereas, Police officers and firefighters endure long hours of arduous work and training
to serve the people of West Virginia; and
Whereas, Services offered by police officers and firefighters are vital to the health, welfare
and safety of all the state's citizens; and
Whereas, During emergencies in the state, police officers and firefighters suffer prolonged
discomfort and frequently risk their lives to protect the lives and property of their fellow citizens;
and
Whereas, The hardships, dangers and long hours away from home endured by police
officers and firefighters cause loving family members of police officers and firefighters to bear many
sacrifices and hardships; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is hereby requested to take suitable public notice on Saturday, August 27,
2011, and on the fourth Saturday of August of each succeeding year thereafter, of "First Responders
Appreciation Day," in honor, recognition and appreciation of all West Virginia police officers and
firefighters and their families; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Superintendent of the West Virginia State Police, the Executive Director of the
West Virginia Sheriff's Association, the President of the West Virginia Chief's of Police
Association, the President of the West Virginia State Fire Chief's Association, the President of the
West Virginia State Firemen's Association, the President of the West Virginia Professional Fire
Chief's Association and the President of the West Virginia Professional Firefighter's Association.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Ennis, Givens and Caputo:
H. J. R. 19 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article ten thereof, relating to homestead exemption and surviving spouse; numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment"; to the Committee on Constitutional Revision then
Finance.
Petitions
Delegates Campbell and Canterbury presented a petition on behalf of their constituents, in
support of making it a felony to drive a vehicle while under the influence of alcohol, controlled
substance or other drug that causes serious bodily injury to another person; which was referred to
the Committee on the Judiciary.
Delegates Campbell and Canterbury presented a petition on behalf of their constituents,
protesting the closing and cessation of full time services by the Greenbrier Valley Job Service and
Unemployment office; which was referred to the Committee on Energy, Industry and Labor,
Economic Development and Small Business.
Delegates Caputo, Longstreth and Manchin presented a petition on behalf of their
constituents, requesting the Department of Highways upgrade Prickett's Creek and Tunnel Hollow
Roads in Marion County; which was referred to the Committee on Roads and Transportation.
Delegates Caputo, Longstreth and Manchin presented a petition on behalf of their
constituents, requesting the Department of Highways upgrade County Route 44 and 46/2 in Marion
County; which was referred to the Committee on Roads and Transportation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Hatfield and Doyle:
H. B. 2506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-5-31, relating to prohibiting pharmacists and other persons
involved in dispensing medicines from refusing to fill prescriptions; creating exceptions; providing
for complaints to be filed with the Board of Pharmacy; providing for an administrative fine; and
providing for a civil cause of action"; to the Committee on Health and Human Resources then the
Judiciary.
By Delegates Duke, Doyle, Overington and J. Miller:
H. B. 2507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2-5a, relating to providing a housing supplement for members
of the State Police"; to the Committee on Finance.
By Delegates Cann, Kominar, Reynolds, Craig, Anderson, Evans and Doyle:
H. B. 2508 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-10b, relating to personal income tax; and enacting the
College Graduate Tax Credit"; to the Committee on Education then Finance.
By Delegates Manchin and Walters:
H. B. 2509 - "A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as
amended, relating to requiring lobbyists and lawyers providing lobbying services to pay consumer
sales and service tax"; to the Committee on Finance.
By Delegates T. Campbell, Fleischauer, Hamilton, Perry, Varner and Canterbury:
H. B. 2510 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to permitting magistrates to carry concealed handguns without a permit"; to the
Committee on the Judiciary.
By Delegates Ennis, Givens, Swartzmiller, Jones, Ferro, M. Poling, Romine, Evans,
Pethtel, T. Campbell and Azinger:
H. B. 2511 - "A Bill to amend and reenact §13-1-2 of the Code of West Virginia, 1931, as
amended, relating to permitting a county board of education to include in any revenue bond for
construction projects the cost of demolition of buildings to be replaced"; to the Committee on
Education then Finance.
By Delegates Swartzmiller, Boggs, Caputo, Iaquinta, Hall, Manypenny, Martin, D.
Poling, Shaver and Williams:
H. B. 2512 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5, §47-26-6, §47-
26-7, §47-26-8 and §47-26-9, all relating to pawnbrokers; definitions; requiring pawnbrokers to
comply with the provisions of this article; establishing operating requirements for pawnbrokers;
confiscation of pledged or purchased goods; establishing requirements for pawn tickets; requiring
pawn transaction reporting; establishing disclosure requirements for pawn transactions to
law-enforcement officers; authorizing the commissioner of banking to promulgate forms and propose
necessary legislative rules; and establishing misdemeanor offenses for persons engaging in the
business of a pawnbroker in violation the provisions of this article and for persons using false or
altered identification to pawn or sell property to a pawnbroker and criminal penalties upon
conviction thereof"; to the Committee on the Judiciary.
By Delegates Morgan, Stephens, Givens, Hartman, Hatfield, Martin, Staggers,
Swartzmiller, Cowles, C. Miller and Rowan:
H. B. 2513 - "A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12b, §30-5-12c, §30-5-14a,
§30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as
amended; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7,
§30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17,
§30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-26, §30-5-27,
§30-5-28 and §30-5-30 of said code; and to amend said code by adding thereto five new sections,
designated §30-5-25, §30-5-29, §30-5-31, §30-5-32 and §30-5-33, all relating to the practice of
pharmacy; prohibiting the practice of pharmacy without a license; providing other applicable
sections; providing definitions; providing for board composition; setting forth the powers and duties
of the board; clarifying rule-making authority; continuing a special revenue account; establishing
license, certificate and registration requirements; creating a scope of practice; creating a temporary
permit; establishing renewal requirements; providing for exemptions from licensure; providing
requirements for the display of a license; setting forth grounds for disciplinary actions; allowing for
specific disciplinary actions; providing procedures for investigation of complaints; providing for
judicial review and appeals of decisions; setting forth hearing and notice requirements; providing
for civil causes of action; providing criminal penalties; providing for privileged communication and
providing that a single act is evidence of practice"; to the Committee on Government Organization
then the Judiciary.
By Delegates Williams and Canterbury:
H. B. 2514 - "A Bill to amend and reenact §22-3-10 and §22-3-13 of the Code of West
Virginia, 1931, as amended, all relating to requiring reclaimed strip mines to populated by plants that
are beneficial to the local bee population"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Talbott, Hunt and Shaver:
H. B. 2515 - "A Bill to amend and reenact §36B-3-116 of the Code of West Virginia, 1931,
as amended, relating to liens for assessments on common interest community real property; and
providing that these assessments take priority over sheriffs' liens for delinquent taxes"; to the
Committee on the Judiciary then Finance.
By Delegates Swartzmiller, Boggs, Hall, Manypenny, D. Poling, Shaver and Williams:
H. B. 2516 - "A Bill to amend and reenact §47-21-2 and §47-21-20 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§47-21-19a, all relating to charitable raffles; and allowing certain fraternal societies and veteran's
organizations to use electronic or mechanical raffle devices to conduct raffles"; to the Committee
on the Judiciary then Finance.
By Delegates Perry, Boggs and Ellem:
H. B. 2517 - "A Bill to amend and reenact §23-4-1e of the Code of West Virginia, 1931, as
amended, relating to the temporary total disability benefits not to be paid for periods of correctional
center or jail confinement; denial of workers' compensation benefits for injuries or disease incurred
while confined; and providing that individuals confined in a state correctional facility or jail and
working for a Correctional Industries program shall be eligible to be receive workers' compensation
benefits"; to the Committee on the Judiciary then Finance.
By Delegates Perry and Ellem:
H. B. 2518 - "A Bill to amend and reenact §61-5-12b of the Code of West Virginia, 1931,
as amended, relating to escape from custody of the Director of Juvenile Services; and penalties"; to the Committee on the Judiciary then Finance.
By Delegates Williams and Shaver:
H. B. 2519 - "A Bill to amend and reenact §7-14-8 of the Code of West Virginia, 1931, as
amended, relating to qualifications of application for the position of deputy sheriff; eliminating the
forty-five years of age application limit; removing two year waiting period before a deputy sheriff
may be reinstated; and eliminating the Civil Service Commission discretion concerning
reinstatement"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Perry, Boggs and Ellem:
H. B. 2520 - "A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as
amended, relating to assignment of offenders to center; period of center confinement; return to court;
sentence or probation; revocation of probation"; to the Committee on the Judiciary then Finance.
By Delegate Frazier:
H. B. 2521 - "A Bill to amend and reenact §48-27-311 of the Code of West Virginia, 1931,
as amended, relating to prevention and treatment of domestic violence; and eliminating the
requirement of serving domestic violence orders by certified mail to expedite service and eliminating
delays in conducting final hearings"; to the Committee on the Judiciary.
By Delegates Williams, Moye, Perdue, Cann, Border and Hamilton:
H. B. 2522 - "A Bill to amend and reenact §16-5C-12 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding a new section, designated §16-5C-12a, all relating
to nursing home administrative appeals; complaint hearing procedures; establishing an independent
disputes resolution process for nursing homes; clarifying the informal and formal review process;
and clarifying the judicial review process"; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates L. Phillips and Hall:
H. B. 2523 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931,
as amended, relating to school personnel; and employment of substitute teachers and retired teachers
as substitutes in areas of critical need and shortage for an unlimited number of days each fiscal year
without affecting the monthly retirement benefit"; to the Committee on Education then Finance.
By Delegates Morgan, Stephens, Givens, Hartman, Hatfield, Martin, Staggers and
Swartzmiller:
H. B. 2524 - "A Bill to repeal §30-32-22 and §30-32-23 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6,
§30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-15,
§30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20 and §30-32-21 of said code, all relating
to the practice of speech-language pathology and audiology; prohibiting practice without a license;
providing exemptions; specifying applicability of other law; providing definitions; continuing the
Board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of
board members; providing terms and conditions of board members' service; providing for election
of board officers; providing for compensation and expense reimbursement of board members; setting
forth powers and duties of the board; providing rulemaking authority; continuing the Board of
Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for
practicing speech-language pathology or audiology; providing for provisional licenses to practice
while attaining required postgraduate professional experience; providing for waiver of requirements
for persons who hold a license from another state with substantially equivalent standards; providing for practice pending disposition of application; requiring a license to practice in public schools;
providing requirements for attaining a license to practice in public schools; providing scopes of
practice for speech-language pathology and audiology; requiring speech-language pathology
assistants and audiology assistants to register with the board; providing registration and supervision
requirements for speech-language pathology assistants and audiology assistants; requiring a license
to telepractice; providing conditions and requirements for telepractice; providing for renewal of
licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for
the suspension, revocation and refusal to renew licenses and registrations; providing for the
reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations;
providing for the investigation of complaints; setting forth complaint procedures and hearing
procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial
review; providing that a single act is sufficient to justify disciplinary action; providing for criminal
proceedings; and providing for criminal penalties"; to the Committee on Government Organization
then the Judiciary.
By Delegates Morgan, Stephens, Martin, Hatfield, Staggers, Swartzmiller and C.
Miller:
H. B. 2525 - "A Bill to repeal §30-30-8a of the Code of West Virginia, 1931, as amended,
to amend and reenact §30-30-1, §30-30-2, §30-30-3, §30-30-4, §30-30-5, §30-30-6, §30-30-7,
§30-30-8, §30-30-9, §30-30-10, §30-30-11 and §30-30-12 of said code; and to amend said code by
adding thereto seventeen new sections, designated §30-30-13, §30-30-14, §30-30-15, §30-30-16,
§30-30-17, §30-30-18, §30-30-19, §30-30-20, §30-30-21, §30-30-22, §30-30-23, §30-30-24,
§30-30-25, §30-30-26, §30-30-27, §30-30-28 and §30-30-29, all relating to the practice of social work; prohibiting the practice of social work without a license; defining terms; providing for board
composition; setting forth the powers and duties of the board; clarifying rulemaking authority;
continuing a special revenue account; establishing license requirements; providing for licensure for
persons licensed in another state; establishing renewal requirements; providing permit requirements;
setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing
procedures for investigation of complaints; providing for judicial review and appeals of decisions;
setting forth hearing and notice requirements; providing for civil causes of action; and providing
criminal penalties"; to the Committee on Government Organization then the Judiciary.
House Calendar
First Reading
Com. Sub. for H. B. 2464, Adding additional requirements to the Ethics Act; on first
reading, coming up in regular order, was read a first time and ordered to second reading.
At 11:12 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 18,
2011.
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