hdj2011-01-31- 20
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Monday, January 31, 2011
TWENTIETH 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 28, 2011, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Delegate Boggs, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Armstead,
Ashley, Azinger, Barill, Barker, Border, Brown, Butcher, D. Campbell, T. Campbell, Cann,
Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Ennis,
Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kominar, Kump, Lane,
Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller,
J. Miller, Moore, Morgan, Moye, Nelson, O'Neal, Overington, Pasdon, Paxton, Perdue, Perry,
Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Romine,
Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers,
Sumner, Swartzmiller, Talbott, Varner, Walker, Walters, Wells, White and Williams offered the
following resolution, which was read by the Clerk:
H. R. 14 - "Honoring the forty-eight years of service and career of Allen B. Tackett, the
longest serving Adjunct General of the West Virginia National Guard."
Whereas, On January 20, 1963, East Bank High School graduate Allen B. Tackett became
a private in the West Virginia Army National Guard's 16th Special Forces Group; and
Whereas, Adjunct General Tackett earned a degree from the University of Charleston while
serving in the Guard, was commissioned a second lieutenant after Infantry Officer Candidate School
at Fort Benning, Georgia and spent twenty-five years in Special Forces units; and
Whereas, Governor Gaston Caperton appointed Allen B. Tackett as the state's Adjutant
General in 1995 and when Adjunct General Tackett retires on January 31, 2011, with over forty-eight
years of service to his credit, he will be the longest-serving Adjutant General in the nation; and
Whereas, Adjunct General Tackett has overseen more than $780 million in military
construction in West Virginia. He also played a critical role in the 2005 fight to block the Base
Realignment and Closure Commission from closing the 130th Airlift Wing at Yeager Airport; and
Whereas, Members of the state's Army and Air National Guard units serve all over the
world, and in times of trouble, all over West Virginia as well. Those units are highly valued by their fellow citizens. But even more so by their commander. Adjunct General Tackett cherishes the
introduction of the West Virginia National Guard's tuition assistance program. In return for six-year
enlistment agreements, it helps soldiers and airmen cover college expenses; and
Whereas, Record numbers of West Virginia Army and Air National Guard soldiers made
the transition to active duty status during his tenure, to serve in Iraq, Afghanistan and other global
hotspots; and
Whereas, Adjunct General Tackett has served his country and state with the highest honor
and dignity in both times of peace and times of strife; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates recognizes the service, the accomplishments and the honor that
Adjunct General Tackett has brought upon his state, his country and his fellow soldiers; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this
resolution to the West Virginia Army National Guard's 16
th Special Forces Group and Adjunct
General Allen B. Hackett.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 14) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 23), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent and Not Voting: T. Campbell, Doyle, Hamilton and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 14) adopted.
Delegate Doyle announced that he was absent when the vote was taken on Roll No. 24 , and
that had he been present, he would have voted "Yea" thereon.
Committee Reports
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2542, Clarifying requirements and procedures for access to cemeteries and grave sites
located on private land,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2542) was referred to
the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2804, Removing outdated sunset language,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2804 - "A Bill to repeal §16-1-16 of the Code of West Virginia, 1931,
as amended; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code;
to amend and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and
reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact
§19-12A-3 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-
3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of
said code; and to amend and reenact §47A-1-1 of said code, all relating to repealing obsolete code
provisions,"
With the recommendation that the committee substitute do pass.
Messages from the Executive
The Speaker laid before the House of Delegates a communication, which was read by the
Clerk as follows:
West Virginia House of Delegates
OFFICE OF THE CLERK
Charleston 25305
January 28, 2011
The Honorable Richard Thompson
Speaker of the House
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
I have this day personally delivered to the Office of the Governor, for Executive Action, the
following bill:
Enrolled H. B. 2001, Providing that inmates serving life sentences shall be considered for parole only once every three years.
Respectfully,
Gregory M. Gray
Clerk of the House
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 71 - "A Bill to amend and reenact §61-8D-4 of the Code of West
Virginia, 1931, as amended, relating to creating the misdemeanor offense for child neglect by a
parent, guardian or custodian which creates a substantial risk of bodily injury; penalties; and
exceptions"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 80 - "A Bill to amend and reenact §52-1-8 of the Code of West Virginia,
1931, as amended, relating to excusing breast-feeding women from jury duty upon request; and
making reasonable accommodations for a breast-feeding juror upon"; which was referred to the
Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Walker:
H. B. 2942 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5, §16-43-6,
§16-43-7, §16-43-8, §16-43-9, §16-43-10, §16-43-11 and §16-43-12; all relating to establishing the
Medical Harm Disclosure Act where hospitals are required to report medical harm events and face
possible sanctions if they do not report such events at its hospitals; establishing an advisory
committee within the Department of Health and Human Resources; and establishing procedures for
patients to report incidents of medical harm"; to the Committee on Health and Human Resources
then the Judiciary.
By Delegates Perry and Walters:
H. B. 2943 - "A Bill to amend and reenact §23-2C-10 of the Code of West Virginia, 1931,
as amended, relating to the administration of the West Virginia workers compensation adverse risk
plan"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Hunt, Poore, Brown, Skaff, Hatfield, Wells, Guthrie, Walters, Lane,
Nelson and Armstead:
H. B. 2944 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931,
as amended, relating to capping a property tax increase resulting from an increase from the three-year
reappraisal at five percent of the previous years property tax assessment"; to the Committee on
Finance.
By Delegate Talbott
[By Request of the Division of Natural Resources]:
H. B. 2945 - "A Bill to amend and reenact §20-2-21 of the Code of West Virginia, 1931, as amended, relating to reporting beaver and river otter taken and tagged"; to the Committee on Natural
Resources then the Judiciary.
By Delegates Ellem, Border, Perdue, Miley, Ellington, Hamilton, Reynolds, Kominar
and C. Miller:
H. B. 2946 - "A Bill to amend and reenact §60A-10-7 of the Code of West Virginia, 1931,
as amended, relating to the Methamphetamine Laboratory Eradication Act and requiring a
prescription dispensing of drug products that contain as an active ingredient containing ephedrine,
pseudoephedrine, phenylpropanolamine and other chemical precursors of methamphetamine"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegate L. Phillips:
H. B. 2947 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-3C-14c, relating to making it a crime to put certain types of
invasive software on mobile devices; providing penalties; and providing exceptions"; to the
Committee on the Judiciary then Finance.
By Delegate Talbott
[By Request of the Division of Natural Resources]:
H. B. 2948 - "A Bill to amend and reenact §20-2-4 of the Code of West Virginia, 1931, as
amended, relating to electronic registration of wildlife"; to the Committee on Natural Resources then
the Judiciary.
By Delegates White and T. Campbell
[By Request of the Tax and Revenue Department]:
H. B. 2949 - "A Bill to repeal §11-6I-1, §11-6I-2, §11-6I-3, §11-6I-4, §11-6I-5, §11-6I-6, §11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10 and §11-6I-11 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §11-21-21, §11-21-23, and §11-21-24 of said code, all relating
to providing definitions of 'low income' for purposes of property tax relief programs; allowing only
'low income' taxpayers to receive the benefits of property tax relief programs; allowing those
eligible for the senior citizen property tax credit programs to take both the senior citizens' tax credit
for property tax paid on the first $20,000 of taxable assessed value of a homestead and the refundable
credit for real property taxes paid in excess of four percent of gross household income; repealing the
Senior Citizen Property Tax Deferment Act and eliminating the senior citizen property tax deferment
refundable credit"; to the Committee on Finance.
By Delegates White and T. Campbell
[By Request of the Tax and Revenue Department]:
H. B. 2950 - "A Bill to amend and reenact §11-6F-2 of the Code of West Virginia, 1931, as
amended, relating to reducing the required original cost of manufacturing facilities and reducing the
required cost of the capital addition when determining eligibility for the special method for
appraising such property; and excluding real property from the measure of the certified capital
addition property and from the measure of the qualified capital addition to a manufacturing facility";
to the Committee on Finance.
By Delegates Perry and Hartman
[By Request of the Insurance Commission]:
H. B. 2951 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5,
§33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9, all relating to an all-payer claims database; declaring purpose; defining terms; developing the database by the Insurance Commissioner,
Secretary of Health and Human Resources and chairperson of the Health Care Authority; authorizing
joint emergency and legislative rules; providing for compliance with privacy laws; permitting fees
and assessments to be assessed; authorizing penalties to be set by rule; authorizing injunctive relief;
establishing special revenue account; and allowing other sanctions"; to the Committee on the
Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Armstead
[By Request of the Executive]:
H. B. 2952 - A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue, to the Governor's Office - Civil Contingent Fund, fund 0105, fiscal year
2011, organization 0100, by supplementing and amending the appropriations for the fiscal year
ending June 30, 2011"; to the Committee on Finance.
House Calendar
Third Reading
H. B. 2551, Relating generally to estates and trusts and their administration; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 24),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: T. Campbell, Hamilton and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2551) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2451, Relating to victim impact statements,
And,
Com. Sub. for H. B. 2539, Authorizing the West Virginia State Police to only use the
services of the state designated laboratory at the Marshall University Forensic Science Center for
certain testing and research.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2400, Relating to granting licensed real estate appraisers access to
commercial or residential review documents,
Com. Sub. for H. B. 2505, Adding synthetic cannabinoids and hallucinogens and stimulants
to the Schedule I list of controlled substances,
Com. Sub. for H. B. 2522, Relating to nursing home administrative appeals,
Com. Sub. for H. B. 2550, Interstate Compact on Educational Opportunity for Military
Children,
H. B. 2697, Updating the recordkeeping requirements of municipalities,
H. B. 2742, Revoking certain death benefits by divorce,
Com. Sub. for H. B. 2818, Increasing the allowable expense that may be paid for the
clean-up of real property damage by a meth lab,
And,
H. B. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will
cost $25.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to consideration of business on the Local Calendar.
Local Calendar
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 2557, Extending the time for the Board of Education of Upshur County to meet as a
levying body,
And,
Com. Sub. for H. B. 2696, Authorizing the county commission of Boone County to transfer
its title and interests in the Boone Memorial Hospital.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates T. Campbell, Hamilton and Kominar.
Remarks by Members
Delegate Caputo addressed the House concerning the current status of the Honorable Oce.
W. Smith, Sergeant-at-Arms, who has been absent this session due to health reasons. Delegate Caputo read a letter to the membership in which Mr. Smith expressed his gratitude and esteem for
the members of the House and the legislative institution.
At the conclusion of Delegate Caputo's remarks, Delegate Carmichael asked and obtained
unanimous consent that they be included in the Appendix to the Journal.
Miscellaneous Business
Delegate Mahan noted to the Clerk that she was absent when the votes were taken on Roll
Nos. 12 through 21, and that had she been present, she would have voted "Yea" thereon.
Delegate Snuffer also noted to the Clerk that he was absent when the votes were taken on
Roll Nos. 19, 20 and 21, and that had he been present, he would have voted "Yea" thereon.
At 11:33 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 1,
2011.
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