hdj2012-02-06-27
__________*__________
Monday, February 6, 2012
TWENTY-SEVENTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 1:00 p.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 Friday, February 3, 2012, 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 introduction of resolutions.
Resolutions Introduced
Delegates Howell, Carmichael, Kump, Cowles, Gearheart, Savilla and Overington offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 17 - "Amending the rules of the House of Delegates, relating to compelling a committee to take up a bill."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates, be amended by adding thereto a new rule
a follows:
"
Compelling committee to take up bill.
_____82a. When thirteen members of a committee sign and deliver to the committee a petition
requesting that a bill specifically referred to the committee be taken up by the committee, the chair
of the committee must place that legislation upon the committee's agenda no more than five
legislative days after the date of the petition. For purposes of this rule, a legislative day is a day in
which the House of Delegates is in session."
Delegates Perry, Boggs and Morgan offered the following resolution, which was read by the
Clerk as follows:
H. R. 18 - "Designating February 6, 2012, as 'Corrections Day'."
Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the
Division of Juvenile Services are committed to enhance public safety by providing safe, secure and
humane facilities, operating an effective system of offender re-entry and community supervision,
reducing offender recidivism, and assisting victims of crime; and
Whereas, The West Virginia Division of Corrections, the Regional Jail Authority and the
Division of Juvenile Services are further committed to providing effective and beneficial services
that promote positive development and accountability while preserving community safety and
sustaining a work environment predicated upon principles of professionalism, with dignity and
respect for all; and Whereas, It is the vision of these agencies to be recognized as innovative leaders in
providing quality correctional services; and
Whereas, The adult and juvenile correctional population continues to expand and it is
important for agency representatives and policymakers to appreciate the nature and magnitude of this
growth; and
Whereas, Previous information provided should assist public officials and agency
representatives in planning for the future and aid in the development of policies for the management
of the West Virginia correctional population, both adult and juvenile, as well as providing adequate
pay, benefits, and a safe, secure workplace for the employees of the correctional system; therefore,
be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 6, 2012, as "Corrections Day"; and,
be it
Further Resolved, That the House of Delegates recognizes the exceptional service and
commitment of the employees of the West Virginia Division of Corrections, the Regional Jail
Authority and the Division of Juvenile Services; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Director of the Division of Corrections, the Director of the Regional Jail Authority and the
Director of the Division of Juvenile Services.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 469, Relating generally to other post-employment benefits,
And reports the same back with the recommendation that it do pass.
Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4127, Declaring August 7 as a special memorial day to be known as Purple Heart
Recognition Day,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4127 - "A Bill to amend and reenact §2-2-1a of the Code of West
Virginia, 1931, as amended, relating to declaring August 7 as a special memorial day to be known
as Purple Heart Recognition Day,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4127) to the Committee
on Finance was abrogated.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Iaquinta, Perdue, Crosier, M. Poling, Miley, Boggs, Azinger, Hamilton,
Ferro, Walters and Caputo:
H. B. 4423 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-1E-6 relating to creating the 'West Virginia Winner' program
to promote healthy living and improve lifestyle and increase longevity of West Virginia residents
by competing in various athletic and cultural events in the fifty-five counties; providing that the
program be administered by the Office of Healthy Lifestyles; and declaring who may participate in
the events together with participation fees"; to the Committee on Health and Human Resources then
Finance.
By Delegates Morgan, Stephens, Butcher, Staggers and Border
[By Request of the Department of Health and Human Resources]:
H. B. 4424 - "A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as
amended, relating to modified mental hygiene procedures; deleting the termination date of the
modified mental hygiene procedures pilot project; authorizing additional programs throughout the
state; and continuing the pilot project as a permanent program"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Lawrence, Ferns, Fleischauer, Miley and Morgan:
H. B. 4425 - "A Bill to amend and reenact §37-6-30 of the Code of West Virginia, 1931, as
amended, relating to landlord and tenant; the duty to maintain a premise; requiring a landlord to
address issues of accumulation of moisture and the growth of mold; and requiring the landlord to
perform mold remediation in accordance with professional standards"; to the Committee on the
Judiciary then Finance.
By Delegates Manchin, Ferns, Swartzmiller, Hartman, Morgan, Miley, White, Givens,
Ferro, Skaff and Perry:
H. B. 4426 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section,
designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18;
and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to
insurance copayments; and requiring a copayment to a physical therapist and an occupational
therapist be the same as a physician or osteopath"; to the Committee on Banking and Insurance then
the Judiciary.
By Delegates D. Poling, Anderson, Border, Manypenny, Guthrie, Ireland, Ellem and
Swartzmiller:
H. B. 4427 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as
amended, relating to livestock in dire or extreme condition"; to the Committee on Agriculture then
the Judiciary.
By Delegates Perdue, Barill, Caputo, Frazier, Perry, Shaver, Walker, Williams,
Marshall, Paxton and White:
H. B. 4428 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-9D-11, relating to providing that any person who maintains
a 'roll your own' cigarette machine at a retail establishment is deemed a manufacturer of cigarettes
and that the resulting product is deemed to be cigarettes sold to a consumer for purposes of this
article nine-d, article nine-b, chapter sixteen, article seventeen, chapter eleven and article twenty-
five, chapter forty-seven of this code"; to the Committee on Health and Human Resources then Finance.
By Delegates Lawrence and Stowers:
H. B. 4429 - "A Bill to amend and reenact §8-10-1 of the Code of West Virginia, 1931, as
amended, relating to police; authorizing the mayor to appoint chiefs of police and deputy chiefs of
police; and allowing chiefs of police and deputy chiefs of police to be reinstated to the rank that he
or she previously held"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Walker, Barker and Perry:
H. B. 4430 - "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931,
as amended, relating to employee work breaks; requiring twenty consecutive minutes for meal
breaks; and requiring ten minute rest periods for certain employees during each four hours of work";
to the Committee on Energy, Industry and Labor, Economic Development and Small Business then
the Judiciary.
By Delegates Sobonya, Householder, J. Miller, Cowles, C. Miller, Snuffer and Savilla:
H. B. 4431 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as
amended, relating to terminating the Municipal Home Rule Pilot Program on the date of passage;
terminating all local laws and ordinances that were enacted pursuant to the Municipal Home Rule
Pilot Program that are contrary to the Constitution of the United States, the Constitution of West
Virginia, federal law or certain chapters of this code; and requiring all information associated with
the program be submitted to the Legislature by July 1, 2012"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegates Reynolds, Ferns, R. Phillips, Skaff, Stowers, Hunt, Pasdon, Barill, D.
Campbell, Moye and L. Phillips:
H. B. 4432 - "A Bill to amend and reenact §33-17A-6 of the Code of West Virginia, 1931,
as amended, relating to prohibiting declination or termination of property insurance based solely
upon a home owner's possession of a certain breed of dog; and providing exception"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Williams, Ashley, Cann, Ferns, Iaquinta, Perry, R. Phillips, Pino, Shaver
and Varner:
H. B. 4433 - "A Bill to amend and reenact §18-2-34 of the Code of West Virginia, 1931, as
amended, relating to the awarding of high school diplomas to veterans"; to the Committee on
Veterans' Affairs and Homeland Security then Education.
By Delegates Lawrence, Manchin, Hunt, Ellem, Doyle, Boggs, Morgan, Marshall,
Guthrie, L. Phillips and Brown:
H. B. 4434 - "A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931,
as amended, relating to carbon monoxide detectors, smoke detectors and sprinkler systems; requiring
smoke detectors and sprinkler systems meet state fire code requirements; requiring carbon monoxide
detectors be installed in certain public facilities; and establishing penalties"; to the Committee on
the Judiciary then Finance.
By Delegates Smith, Perry, Shaver and Lawrence:
H. B. 4435 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931,
as amended, relating to school service personnel minimum monthly salaries; increasing the education
increment"; to the Committee on Education then Finance.
By Delegates Hall, Stowers, R. Phillips, Reynolds, Barker, L. Phillips, Craig and D.
Poling:
H. B. 4436 - "A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as
amended, relating to providing county litter control officers the authority to issue citations for the
misdemeanor offense of unauthorized use of dumpsters; and making stylistic changes"; to the
Committee on Political Subdivisions then the Judiciary.
By Delegates Doyle, Michael, Hartman, D. Campbell and Evans:
H. B. 4437 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-30-1, §29-30-2, §29-30-3, §29-30-4, §29-30-5, §29-30-6,
§29-30-7, §29-30-8, §29-30-9, §29-30-10, §29-30-11, §29-30-12, §29-30-13, §29-30-14, §29-30-15,
§29-30-16, §29-30-17, §29-30-18, §29-30-19, §29-30-20, §29-30-21, §29-30-22, §29-30-23,
§29-30-24, §29-30-25, §29-30-26, §29-30-27, §29-30-28, §29-30-29, §29-30-30, §29-30-31,
§29-30-32, §29-30-33, §29-30-34, §29-30-35, §29-30-36 and §29-30-37, all relating to permitting
certain ski resorts to be limited gaming facilities; making findings; defining terms; setting forth the
duties and powers of the State Lottery Commission; permitting a gaming facility only in a county
whose voters approve the facility; permitting up to four licenses to be issued; setting forth an
applicant's qualifications; requiring a licensee to make reports; setting forth the qualification of
suppliers of gaming devices; setting forth the requirements of the licensee's employees; setting forth
expirations dates; setting forth the cost of a license and other fees; setting forth hearing procedures;
permitting the commission to inspect and investigate violations; establishing the right of
law-enforcement officers at the facility; setting forth the accounting and reporting of income;
establishing the tax rates; setting forth where the taxes will be deposited; creating the Big Vertical
Ski Resort Fund; prohibiting unauthorized wagering; setting forth individual gaming restrictions;
permitting the forfeiture of property; setting forth requirements for video lottery games; stating the basis for the exemption from federal law; granting rule-making authority; and creating penalties";
to the Committee on the Judiciary then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 4063, Relating to civil service commissions in political subdivisions;
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. 28),
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: Fragale, C. Miller, Nelson and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4063) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4239, Increasing the membership of the West Virginia Board of
Osteopathy; 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. 29),
and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Andes, Carmichael, Gearheart, Householder, Howell, Ireland, Kump, Lane and
Savilla.
Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4239) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 30), and there were--yeas 91, nays
5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Gearheart, Householder, Howell, Kump and Savilla.
Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4239) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4314, Relating to the appointment of magistrates; 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. 31),
and there were--yeas 86, nays 10, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Canterbury, Carmichael, O'Neal, Savilla,
Sobonya and Walters.
Absent and Not Voting: Fragale, C. Miller, Nelson and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4314) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act
by consent agreements; 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. 32),
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: Fragale, C. Miller, Nelson and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4320) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 4271, Reporting requirements for residential mortgage lenders and broker licensees,
And,
Com. Sub. for H. B. 4356, Creating the misdemeanor offense for child neglect resulting in
a substantial risk of bodily injury.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale, C. Miller, Nelson and Stephens.
At 1:38 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 7, 2012.