hdj2012-1-31-21
__________*__________
Tuesday, January 31, 2012
TWENTY-FIRST 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 Rick
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 Monday, January 30, 2012, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 2, The "PVT Ervin L. Arnold Memorial Bridge",
H. C. R. 3, The "Warrant Officer Dale Shaheen Memorial Bridge",
H. C. R. 4, The "Gordon M. Sorrell Memorial Bridge",
H. C. R. 5, The "Adkins Brothers Memorial Road",
H. C. R. 11, The "Cpl. Druey L. Hatfield Memorial Bridge",
H. C. R. 12, The "Cpl. Robert F. Lohr Memorial Bridge",
H. C. R. 13, The "Reverend Glenn White Jr. Bridge",
H. C. R. 14, The LCPL Danny M. Greene Memorial Bridge",
H. C. R. 17, The "Chester William Fields Sr. Memorial Bridge",
H. C. R. 25, The "Samuel L. 'Monty' Shelton Memorial Bridge",
H. C. R. 27, Including West Virginia Route 80 in Mingo County as a Blue Star Memorial
Highway,
H. C. R. 31, The "GMGC Bobby Lee Jarrell United States Navy Memorial Bridge",
H. C. R. 41, The "Sgt. Dewey Marcum Memorial Bridge",
H. C. R. 42, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge",
S. C. R. 1, Requesting DOH name bridge in Mingo County "Brittany Nicole Dentro
Memorial Bridge",
S. C. R. 2, Requesting DOH name bridge in Monongalia County "Colonel Zackquill Morgan
Memorial Bridge",
And,
S. C. R. 7, Requesting DOH name bridge in Clendenin, Kanawha County, "Smith Brothers
Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. R. 9, Amending House Rule 94, relating to joint sponsors of bills,
And reports the same back with the recommendation that it be rejected.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4028, Authorizing the temporary suspension of certification of emergency medical
service personnel or licensure of emergency medical service agencies without a hearing or prior
notice if there is probable cause,
And,
H. B. 4209, Human services, child care quality rating and improvement system,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4028 and H. B. 4209)
were each referred to the Committee on the Judiciary.
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. 161 - "A Bill to amend and reenact §49-6A-1, §49-6A-2, §49-6A-8 and §49-6A-10 of the Code of West Virginia, 1931, as amended, all relating to mandatory reporting of
abuse and neglect of children; adding promoting adult responsibility and prevention to the purpose;
adding certain persons to the mandatory reporting list for all abuse or neglect of children; creating
a requirement that all adults report sexual abuse of children; requiring law enforcement who receive
a report of sexual abuse to alert the Department of Health and Human Resources; encouraging law-
enforcement agencies to coordinate in investigating a report; increasing the criminal penalties for
failure to report; creating a crime and criminal penalties for all adults who fail to report sexual abuse
of children; and requiring and amending certain educational programs and training"; which was
referred to the Committee on the Judiciary.
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. 165 - "A Bill to amend and reenact §61-8B-10 of the Code of West
Virginia, 1931, as amended, relating to criminalizing imposition of sexual intercourse, sexual
intrusion, sexual abuse or sexual contact on incarcerated persons by employees of the Division of
Corrections, Division of Juvenile Services and the Regional Jail and Correctional Facility Authority;
clarifying that lack of consent is not an element of the offense; clarifying that consent is not a
defense; exempting certain behaviors from criminalization; and penalties."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 165) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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
S. B. 209 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of 'federal adjusted gross income' and certain other terms
used in the West Virginia Personal Income Tax Act; and specifying effective dates"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 210 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of 'federal taxable income' and certain other terms used
in the West Virginia Corporation Net Income Tax Act in order for the definitions to conform with
the Internal Revenue Code's "; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2012,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 221 - "A Bill to amend and reenact §18A-3A-2 of the Code of West
Virginia, 1931, as amended, relating to requiring the Center for Professional Development to provide
for the routine education of all professional educators and certain service personnel on warning signs
and resources to assist in suicide"; which was referred to the Committee on Education 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
S. B. 224 - "A Bill to amend and reenact §31A-2-1 of the Code of West Virginia, 1931, as
amended, relating to the change of names of the Division of Banking or the Department of Banking
to the Division of Financial Institutions; changing the names of the Commissioner of Banking and
the Deputy Commissioner of Banking to the Commissioner of Financial Institutions and the Deputy
Commissioner of Financial Institutions, respectively; providing that all references in this code to the
Division of Banking or the Department of Banking shall be read, construed and understood to mean
and have reference to the Division of Financial Institutions; and providing that all references in this
code to the Commissioner of Banking and the Deputy Commissioner of Banking shall be read,
construed and understood to mean and have reference to the Commissioner of Financial Institutions
and the Deputy Commissioner of Financial Institutions, respectively"; which was referred to the
Committee on Banking and Insurance then the Judiciary.
Resolutions Introduced
Delegate Pethtel offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 46 - "Requesting the Division of Highways to name the bridge on WV Route 2,
crossing Fishing Creek in Wetzel County, bridge number 52-2-5.19, as the 'Lt. Howard R. "Bob"
Crothers Memorial Bridge'."
Whereas, Lt. Howard R. 'Bob' Crothers was born on January 22, 1942 in New Martinsville,
West Virginia, the only son of Mr. and Mrs. Billy R. Jeffers; and
Whereas, Lt. Howard R. 'Bob' Crothers was a graduate of Magnolia High School, where
he played football, basketball and baseball, and West Liberty State College, where he joined the ROTC; and
Whereas, Lt. Howard R. 'Bob' Crothers achieved the rank of First Lieutenant before being
deployed to Vietnam on March 7, 1968, as the Infantry Unit Commander of A Company, 4th
Battalion, 31st Infantry, 197th Light Infantry Brigade, Americal Division; and
Whereas, Lt. Howard R. 'Bob' Crothers served his country with honor and distinction until
he was killed in action on May 1, 1968 in the Thua Thien Province, South Vietnam, the result of
wounds received from a hostile booby trap; and
Whereas, Lt. Howard R. 'Bob' Crothers was posthumously awarded the Purple Heart
Medal, the Bronze Star Medal, the National Defense Medal, the Vietnam Service Medal, the
Vietnam Campaign Ribbon and the Combat Infantry Badge; and
Whereas, It is fitting and proper that Lt. Howard R. 'Bob' Crothers be remembered and
acknowledged for his courageous action and ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 52-2-
5.19 on WV Route 2, crossing Fishing Creek in Wetzel County, as the "Lt. Howard R. 'Bob'
Crothers Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Lt. Howard R. 'Bob' Crothers Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation; and to the family of Lt. Howard R.
'Bob' Crothers.
Delegates Armstead, Nelson, Brown, Guthrie, Hatfield, Hunt, Lane, Poore, Skaff, Walters
and Wells offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 47 - "Recognizing the positive impact that a cracker facility would have on job
creation in Kanawha County and the State of West Virginia."
Whereas, The vast reserves of natural gas located in the Marcellus and Utica formations are
rich in byproducts, including ethane, which can be converted through an ethane cracker plant to
ethylene, a key resource for the chemical industry; and
Whereas, The Legislature recognizes the positive impact that a cracker facility would have
on job creation and economic investment in Kanawha County and the State of West Virginia; and
Whereas, West Virginia looks forward to a positive and long-term partnership with the
natural gas and chemical industry that will employ thousands of West Virginians and make positive
use of our vast natural resources to provide energy independence throughout the United States; and
Whereas, For a century, the Kanawha Valley has been one of the leading chemical
manufacturing and development centers in the world with a trained and skilled workforce and critical
infrastructure. The location of a cracker plant in the Kanawha Valley, using natural resources from
West Virginia, would rejuvenate the chemical industry in the area. The Bayer Corporation plant in
Institute, West Virginia, with ready access to water, rail, transportation and related infrastructure,
is a prime and logical location for a cracker plant. The Kanawha Valley is home to world class
research and development resources that can support the chemical industry and development of new
and innovative chemical processes; and
Whereas, Construction of a new cracker plant will require capital investment ranging from $1 billion to $3 billion, will employ thousands of construction workers and 500 to 1,000 permanent
workers, and for each direct job, will create five more jobs in support positions. Existing and new
sources of natural gas and the possibility of growth in the chemical industry, represent generational
opportunities for the Kanawha Valley and will promote a stable environment for the chemical
industry in our state. Existing manufacturers currently located in the Kanawha Valley can experience
substantial growth through the downstream development resulting from the operation of an ethane
cracker. The regional economic development organizations, including the Charleston Area Alliance,
have developed comprehensive economic development plans with a goal of enhancing chemical
manufacturing in the Kanawha Valley and an ethane cracking facility would help to sustain and grow
manufacturing in the Kanawha Valley and throughout the state; and
Whereas, Securing a supply chain of needed chemical resources and feedstock will promote
unparalleled economic opportunities and an environment that provides job sustainability and growth
in the Kanawha Valley and throughout the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature recognizes the positive impact an ethane cracker plant in
the Kanawha Valley would have on the state, and urges those considering the location of a plant in
the valley to take full advantage of a reliable workforce, existing infrastructure and long and storied
history of chemical production the Kanawha Valley provides and to locate such facility in Kanawha
County.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Savilla, Andes, Householder and Carmichael:
H. J. R. 109 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section three, article VI thereof, relating to imposing term limits for senators and
delegates; 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 the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson and Armstead
[By Request of the Executive]:
H. B. 4351 - "A Bill to amend and reenact §15-5B-3 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new section, designated §15-5B-6; to amend
and reenact §22A-1-4 of said code; to amend said code by adding thereto a new section, designated
§22A-1-13a; to amend and reenact §22A-1-14 of said code; to amend said code by adding thereto
a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3 and §22A-1A-4; to amend and reenact
§22A-2-2, §22A-2-12, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66 of said code;
to amend said code by adding thereto a new section, designated §22A-2-43a; to amend said code by
adding thereto a new section, designated §22A-6-13; and to amend said code by adding thereto a new
section, designated §22A-7-5a, all relating to mine safety, generally; requiring coal mine operators
to provide reports to and notify certain entities in the event of an emergency; establishing a mine
safety anonymous tip hotline; exempting information provided to the hotline from the Freedom of
Information Act; permitting the Director of the Office of Miners' Health, Safety and Training to share information regarding certification suspensions or revocations with other states and to
promulgate certain legislative rules; requiring a study be conducted regarding mine inspector
qualifications, compensation, training and inspections; creating a criminal offense and establishing
criminal penalties for providing advance notice of an inspection or an inspector's presence at a mine;
requiring operators to conduct substance abuse testing during inspections or investigations upon
reasonable suspicion; providing for suspension of mining certificates if substance abuse testing
refused; requiring coal mining operators to implement substance abuse screening policy and program
for certified persons; providing procedures and minimum requirements of substance abuse screening
policy and program; requiring substance abuse screening upon preemployment, rehiring or transfer
of certified person; requiring coal mine operators to notify the Director of the Office of Miners'
Health, Safety and Training of failed screening tests and certain screening policy violations;
requiring immediate suspension of miner certificates as a result of suspensions or revocations for
substance abuse in other jurisdictions; providing procedure for board of appeals hearings on
certification suspensions and judicial review of board decisions; requiring certified persons to report
certain criminal convictions to the Office of Miners' Health, Safety and Training; providing
exemptions from and exceptions to the disclosure of substance abuse screening results; providing
procedure for approval, review, comment and enforcement of mine ventilation plans; increasing the
number of days an apprentice must work within sight and sound of mine foreman or experienced
miner; requiring methane detectors be maintained in accordance with manufacture specifications;
expanding scope of preshift examinations and requiring supplemental examinations in certain
instances; increasing the percentage of rock dust to be maintained in coal mines and providing
certain information upon request; prescribing actions required to detect and respond to excess methane gas levels in coal mines; prescribing requirements for persons to operate or repair mining
machinery; providing for increased training regarding the use of self-contained self-rescue devices;
providing additional notification by coal mine operators in the event of an accident; requiring study
of and report on the safety of working or traveling in bleeder or gob areas of certain coal mines; and
requiring study of and report on education, training and examination associated with certifying
miners"; to the Committee on the Judiciary.
By Delegate Manypenny:
H. B. 4352 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8A-7-3a, relating to specific authorization of governing board of
counties and municipalities to enact zoning ordinances that regulate drilling and hydraulic fracturing
in the natural gas horizontal well industry"; to the Committee on the Judiciary then Finance.
By Delegate Manypenny:
H. B. 4353 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §36-4-9b, relating to permitting mineral owners and producers to
negotiate a new lease under certain conditions; requiring mineral leases to state with specificity when
they end; and prohibiting leases to be held in perpetuity"; to the Committee on the Judiciary then
Finance.
By Delegates Savilla, Sobonya, C. Miller, Sumner, Barker, Ellington, Perdue, Andes,
Hamilton and Gearheart:
H. B. 4354 - "A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931,
as amended, relating to the sale of medication prescribed for a child and sold or allowed to be sold
by a parent or guardian to a third party; penalties"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Moye, Longstreth, Brown, Doyle, Shaver, Rowan, Sigler,
Talbott and Staggers:
H. B. 4355 - "A Bill to amend and reenact §22-6A-16 of the Code of West Virginia, 1931,
as amended, relating to requiring operators of natural gas wells and surface owners to enter into
surface use agreements; setting forth the requirements of an agreement; providing exceptions; setting
forth the rights and responsibilities of operators and surface owners; requiring operators to give
notice of drilling activities; requiring a bond or other surety to be posted; establishing a cause of
action; permitting damages; and permitting activities necessary to protect health, safety or the
environment"; to the Committee on the Judiciary then Finance.
By Delegates Hall, Brown, Fleischauer, Ireland, Lawrence, Manypenny, Miley, Skaff,
Stowers, Marcum and R. Phillips:
H. B. 4356 - "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"; to the
Committee on the Judiciary.
By Delegates Morgan, Stephens, D. Poling, Hatfield and Butcher:
H. B. 4357 - "A Bill to amend and reenact §47-11B-9 of the Code of West Virginia, 1931,
as amended, relating to the bond required for closing-out sales, fire sales and defunct business sales";
to the Committee on the Judiciary.
By Delegates Manypenny, Walker, Rowan, Sigler and Fleischauer:
H. B. 4358 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §36-3-8a, relating to permitting surface owners to receive a two percent royalty for minerals extracted below the surface of their property; and permitting a two
percent royalty for certain surface owners"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Doyle, Walker, Shaver, Rowan and Fleischauer:
H. B. 4359 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §36-3-8a, relating to requiring mineral lessors to disclose to surface
owners and persons financing the purchase of the surface regarding the impact the mineral extraction
will have on the surface owner and the value of the surface property"; to the Committee on the
Judiciary then Finance.
By Delegates Manypenny, Talbott and Fleischauer:
H. B. 4360 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-26-8a, relating to establishing a cradle to grave monitoring
system for withdrawals of water used in the development of natural wells drilled to the Marcellus
shale geologic formation; requiring the use of hydrants with a backflow preventer; authorizing
rulemaking; and authorizing fee collection"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Doyle, Walker, Shaver, Rowan, Sigler and Fleischauer:
H. B. 4361 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-6A-21a, relating to the creation of a publicly available
database that documents and maintains specific, up to date information on all horizontally drilled
wells in the state"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Staggers, Sigler, Frazier, Talbott, Longstreth, Doyle,
Walker, Shaver and Rowan:
H. B. 4362 - "A Bill to amend and reenact §22-6-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-6A-12 of said code, all relating to requiring the center of
all new gas wells to be more than one thousand feet from water wells or six hundred twenty-five feet
from the edge of the well pad to water wells, whichever is further"; to the Committee on the
Judiciary then Finance.
By Delegates Manypenny, Fleischauer, Staggers, Guthrie, Talbott, Doyle and Fragale:
H. B. 4363 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §24-2G-1, §24-2G-2, §24-2G-3, §24-2G-4, §24-2G-5, §24-2G-6,
§24-2G-7, §24-2G-8, §24-2G-9, §24-2G-10 and §24-2G-11, all relating to energy efficiency for
electric and gas utilities and their customers; defining terms; establishing required energy efficiency
programs and plans; setting forth time tables; establishing targets and goals; identifying certain
metering and grid technologies; providing for revenue sharing; establishing penalties; providing for
customer self direct option; allowing for administration by third-party entities; and providing for
$600,000 in special license fees for implementation purposes"; to the Committee on the Judiciary
then Finance.
By Mr. Speaker, Mr. Thompson
[By Request of the Executive]:
H. B. 4364 - "A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto two new sections, designated §5-16-5a and §5-16-
5b; to amend said code by adding thereto a new section, designated §5-16D-7; to amend and reenact
§11-21-96 of said code; and to amend and reenact §18-9A-24 of said code, all relating to other post-
employment benefits generally; directing the Director of the Public Employees Insurance Agency
to evaluate and administer programs that ensure the long term effectiveness of the agency; requiring the Director to issue annual progress reports to the Legislature; prohibiting the Public Employees
Insurance Agency Finance Board from including in the financial plans any subsidy from the Retiree
Health Benefit Trust for the cost of coverage for retired employees who were hired on or after July
1, 2010; creating the Post-July 1, 2010 Employee Trust; allowing appointment of a joint committee;
directing a certain amount of personal income tax into the West Virginia Retiree Health Benefit
Trust Fund until governor certifies that trust fund is fully funded or July 1, 2037 whichever date is
later; directing an amount of personal income tax into the Post-July 1, 2010 Employee Trust Fund;
and specifying that portions of the employer annual required contribution of county boards of
education shall be billed to and be a responsibility of the state"; to the Committee on Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 4060, Relating to prohibiting sexual acts between correctional
personnel and persons incarcerated, or on parole or probation; on third reading, coming up in regular
order, was, on motion of Delegate Boggs, laid over until tomorrow.
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. 4046, Repealing obsolete code provisions,
Com. Sub. for H. B. 4062, Creating an in-home direct care workforce registry,
H. B. 4103, Consolidating of government services and enforcement of laws pertaining to the
motor carrier industry,
Com. Sub. for H. B. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan,
And,
H. B. 4291, Relating to county law libraries established by the Supreme Court of Appeals.
At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 1,
2011.