__________*__________
Wednesday, March 2, 2011
FIFTIETH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 10:00 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 Tuesday, March 1, 2011, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 413, Changing title of Racing Commission's racing secretary,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S.B. 241, Relating to Division of Tourism and Tourism Commission,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 241) was
referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S.B. 282, Continuing Highway Design-Build Pilot Program,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, 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. 282) to the Committee
on Finance was abrogated.
Resolutions
Delegates Caputo, Manchin, Barill, Brown, T. Campbell, Doyle, Ferro, Fleischauer, Givens,
Guthrie, Hatfield, Hunt, Jones, Lawrence, Longstreth, Mahan, Manypenny, Moore, Morgan, Perdue,
L. Phillips, M. Poling, Poore, Swartzmiller, Talbott and Wells offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 121 - "Calling on our Congressional Delegation to promote and protect Title X
funding."
Whereas, The West Virginia Department of Health and Human Resources Family Planning
Program is an integral part of public health and primary prevention across the state; and
Whereas, The West Virginia Legislature finds that family planning promotes the health of
men, women and children and the well-being of families and infants; that family planning
encourages responsible behavior; that family planning reduces unplanned and teen pregnancy; that
family planning reduces the need for abortions and expenditures for high risk pregnancies; and, that
family planning allows pregnancies to be wanted and planned when couples are best able to care for
their new children; and
Whereas, The West Virginia Family Planning Program is supported by federal Title X
funding; and
Whereas, The West Virginia Planning Program contracts with approximately one hundred
fifty-two local county health departments, primary care and rural health centers, college and
university student health clinics, hospitals and private medical practices to deliver clinical family
planning services to eligible individuals; and
Whereas, The West Virginia Family Planning Program annually serves fifty-seven thousand
six-hundred forty-eight West Virginians, the vast majority of whom are living in poverty and receive
services at no-charge; and
Whereas, West Virginia received $2,445,565 in federal funds from Title X during the 2010-
2011 budget year; and
Whereas, The medical, educational and counseling services of The West Virginia Family Planning Program clinics are broad including male and female exams, cervical cancer screening,
breast and testicular screening, STD testing and treatment, counseling on STD, HIV and AIDS risks,
preconception counseling, pregnancy testing and counseling, referral services, male and female birth
control and male and female sterilization services; therefore, be it
Resolved by the Legislature of West Virginia:
That The West Virginia Legislature salutes The West Virginia Family Planning Program for
providing vital health services for West Virginia women, men and families; and, be it
Further Resolved, That the Congressional Delegation from the State of West Virginia be
called upon to do all that it can in order to promote and protect Title X funding so that such critically
important health programs in our great Mountain State can continue to serve the needs of West
Virginians.
Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, C. Miller, Reynolds, Sobonya,
Stephens, Perdue, Anderson, Armstead, Ashley, Boggs, Border, Butcher, T. Campbell, Caputo,
Carmichael, Fragale, Frazier, Givens, Hamilton, Hartman, Hatfield, Martin, Miley, Moore, Moye,
Paxton, Perry, L. Phillips, R. Phillips, D. Poling, M. Poling, Rodighiero, Smith, Staggers, Stowers,
Sumner, Talbott, Varner, Wells and White offered the following resolution, which was read by its
title as follows:
H. R. 32 - " Designating February 10, 2010 as 'Marshall University Day'."
Whereas, March 2, 2011 marks the 50th anniversary commemorating the granting of
university status to Marshall University by the West Virginia Legislature, thereby making it possible
for Marshall University to fulfill the vision of a public university of and for the people of West
Virginia, serving not only West Virginians but the nation with distinction and pride; and
Whereas, Marshall University is one of the state's premier institutions of higher learning;
and
Whereas, Marshall University educates over 14,000 students at campus locations in
Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the
associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in
biotechnology, forensic science and medicine through its College of Science and the Joan C.
Edwards School of Medicine; and
Whereas, Marshall University is creating new, high-value job opportunities through its
research efforts and as part of West Virginia's Research Trust Fund "Bucks for Brains" initiative;
and
Whereas, With every dollar the state invests in Marshall University, the University
generates over $20 in economic benefit to West Virginia, resulting in the generation of $1.5 billion
per year in economic impact, which has tripled since 2005; and
Whereas, A university-record 2,052 new full-time equivalent freshmen enrolled at Marshall
University in fall 2010; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing
services to all 55 state counties providing expertise to more than 5,250 small and medium-sized
manufactures that employ more than 81,000 individuals across West Virginia; and
Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University
is setting national standards in transportation; and
Whereas, Marshall University's graduate program in Forensic Science is ranked as the top program of its type in the country; and
Whereas, Marshall University's medical and health sciences schools and departments train
hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year;
and
Whereas, Since 1983, the West Virginia Autism Training Center at Marshall University has
provided training, information and support to more than 2,000 West Virginia families from all 55
counties; and
Whereas, Marshall University is establishing the School of Pharmacy, which will produce
well-prepared pharmacists for the field's evolving role in health care, will create good-paying jobs
and will generate an estimated $150 million economic impact; and
Whereas, Marshall University alumni number more than 90,000 across the globe; therefore,
be it
Resolved by the West Virginia House of Delegates:
That the House of Delegates hereby designates March 2, 2011, as "Marshall University Day"
in celebration of the university's 50th anniversary of earning university status; and, be it
Further Resolved, That the House of Delegates hereby recognizes Marshall University for
its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk forward a copy of this resolution to Stephen J. Kopp,
President of Marshall University.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 32) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
Com. Sub. for H. C. R. 48, Requesting the Division of Highways to erect a memorial sign
on Route 60, at or near the Caldwell exit, in Greenbrier County, that states "Home of Chan Whitt
Jr., the 'Little Prince' Billiards Champion",
And,
H. C. R. 101, The "PFC Ralph Lewis Boone Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for S. B. 458, Updating Logging Sediment Control Act; 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. 181),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: J. Miller, Savilla and Walters.
Absent and Not Voting: Canterbury and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 458) 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. 2159, Relating to prohibiting members of the news media from
being compelled to give testimony; 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. 182),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Canterbury and Reynolds.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2159) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2159 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §57-3-10, relating to prohibiting members
of the news media from being compelled to disclose sources and certain information in legal
proceedings; providing a definition; and providing exceptions thereto."
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. 2362, Increasing penalties for financial exploitation of an elderly
person or incapacitated adult; 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. 183),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent and Not Voting: Canterbury.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2362) 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. 2437, Requiring study relating to mandating the utilization of
devices that case underground mining machines to shut-off when methane is detected
;
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. 184),
and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Sigler.
Absent and Not Voting: Canterbury.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2437) passed.
On motion of Delegates Miley and Caputo, the title of the bill was amended to read as
follows:
Com. Sub. for H. B. 2437 - "A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §22A-6-11; relating to directing the Board
of Coal Mine Health and Safety to conduct study of whether to require installation of mining
machines automatic shut-offs when methane is detected.
"
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. 2498, Relating to the practice of dentistry; 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. 185),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent and Not Voting: Canterbury.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2498) 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. 2500, Relating to school personnel; 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. 186),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Cowles and Gearheart.
Absent and Not Voting: Canterbury.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2500) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken (Roll No. 187), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Cowles, Gearheart and Howell.
Absent and Not Voting: Canterbury.
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. 2500) takes effect July 1, 2011.
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. 2513, Relating to the practice of pharmacy; 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. 188),
and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Andes, Carmichael, Howell, J. Miller, Savilla and Walters.
Absent and Not Voting: Canterbury.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2513) 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. 2524, Relating to the practice of speech-language pathology and
audiology; 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. 189),
and there were--yeas 77, nays 23, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Ashley, Border, Carmichael, Cowles, Duke, Ellington, Gearheart,
Hall, Householder, Kump, C. Miller, O'Neal, Overington, L. Phillips, R. Phillips, Rodighiero, Savilla,
Snuffer, Sobonya, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2524) 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. 2532, Zipline Responsibility Act; 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. 190),
and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:
Nays: Andes, J. Miller and Savilla.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2532) 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. 2732, West Virginia Public Campaign Financing Act; on third reading,
coming up in regular order, was read a third time.
Delegates Armstead, Ashley, Craig, Ellem, Frazier, Hunt, Ireland, Lane, Manchin, Martin,
Miley, Perdue, Poore, Reynolds and Smith requested to be excused from voting on the passage of
Com. Sub. for H. B. 2732 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse them from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 191),
and there were--yeas 65, nays 35, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael,
Cowles, Duke, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane,
C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Rowan, Savilla, Shaver, Sigler,
Snuffer, Sobonya, Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2732) 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. 2876, Expanding eligibility for subsidies to enrollees in the model health
plan; 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. 192),
and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:
Nays: Ellington, Gearheart and Sigler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2876) 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. 2878, Hydraulic Fracturing and Horizontal Drilling Gas Act; on third reading, coming up in regular order, with an amendment pending, was , on motion of Delegate Boggs,
placed at the foot of bills on third reading.
Com. Sub. for H. B. 2879, Providing a one-time, nonbase building, supplemental salary
increase for all eligible state employees; on third reading, coming up in regular order, was read a third
time.
Delegate L. Phillips requested to be excused from voting on the passage of Com. Sub. for H.
B. 2879 under the provisions of House Rule 49.
The Speaker replied that the Delegate and others were members of a class of persons possibly
to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein,
and refused to excuse the Lady member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 193),
and there were--yeas 78, nays 22, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Cann, Carmichael, Cowles, Ellington, Evans, Gearheart,
Householder, Howell, Ireland, Lane, Michael, C. Miller, J. Miller, Nelson, O'Neal, Overington,
Pasdon, Savilla, Sobonya and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2879) 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. 2888, Strengthening of protections for whistleblowers of unsafe working
conditions in mines; 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. 194), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2888) passed.
On motion of Delegates Miley and Hamilton , the title of the bill was amended to read as
follows:
Com. Sub. for H. B. 2888 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §22A-6-12; relating to directing the Board of Coal Mine
Health and Safety to conduct study of strengthening of protections for whistleblowers of unsafe
working conditions in mines."
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. 2890, Energy Efficient Building Act; 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. 195),
and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
Nays: Householder and J. Miller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2890) 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. 2946, Requiring the issuance of a lawful prescription for dispensing drug
products containing chemical precursors of methamphetamine; 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. 196),
and there were--yeas 77, nays 23, absent and not voting none, with the nays being as follows:
Nays: Andes, Ashley, Carmichael, Cowles, Ennis, Ferro, Givens, Hall, Householder, Howell,
Jones, Kump, Manypenny, J. Miller, Perry, Pethtel, Savilla, Shaver, Sobonya, Staggers, Storch,
Swartzmiller and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2946) 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. 2955, Authorizing the Division of Mining and Reclamation to assess
certain fees to coal mine operators; 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. 197),
and there were--yeas 81, nays 19, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Ashley, Carmichael, Craig, Gearheart, Householder, Lane, J. Miller,
Nelson, O'Neal, Pasdon, Rowan, Savilla, Snuffer, Sobonya, Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2955) 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. 2958, Allowing the West Virginia Racing Commission to use certain
permit and registration fees to pay salaries and other budgeted expenses; on third reading, coming up in regular order, was read a third time.
Delegate Lawrence requested to be excused from voting on the passage of Com. Sub. for H.
B. 2958 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse the Lady from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 198),
and there were--yeas 74, nays 26, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Cowles,
Ellington, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller, Moye, O'Neal,
Overington, Rowan, Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2958) 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. 2959, Providing additional funds to the West Virginia Racing
Commission; on third reading, coming up in regular order, was read a third time.
Delegate Lawrence requested to be excused from voting on the passage of Com. Sub. for H.
B. 2959 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse the Lady member from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 199),
and there were--yeas 72, nays 28, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Canterbury, Carmichael, Ellington,
Evans, Gearheart, Householder, Ireland, Kump, Lane, C. Miller, Moye, Nelson, O'Neal, Overington,
Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2959) 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. 2976, Exempting barbers with twenty or more years of experience from continuing
education requirements; 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. 200),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2976) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 201), and there were--yeas 100, nays
none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2976) takes effect from its 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. 2985, Updating the Logging Sediment Control Act; on third reading, coming up in
regular order, was, on motion of Delegate Boggs, laid upon the table.
Com. Sub. for H. B. 3004, Relating to the Greater Huntington Park and Recreation District;
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. 202),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3004) passed.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for H. B. 3004 - "A Bill to repeal sections 2a, 10, 11, 12 and 13 of chapter 26 of
the Acts of the Legislature, regular session, 1925 (municipal charters), section 12 of which was
amended by chapter 132, Acts of the Legislature, regular session, 1972; to repeal section 6a of chapter
194, Acts of the Legislature, regular session, 1983, as amended by chapter 110 of the Acts of the
Legislature, regular session, 2003; and to amend and reenact sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 of
chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 10 of
which was amended by chapter 122 of the Acts of the Legislature, regular session, 1933, sections 1,
5, 6 and 9 of which were amended by chapter 194, Acts of the Legislature, regular session, 1983,
section 8 of which was amended by chapter 175, Acts of the Legislature, regular session, 1991,
sections 2, 3, and 4 of which were amended by chapter 110, Acts of the Legislature, regular session,
2003, and section 7 of which was amended by chapter 131, Acts of the Legislature, regular session,
2005, all relating to the Greater Huntington Park and Recreation District; requiring a public hearing when the comprehensive plan is updated; requiring that persons employed as park rangers meet
certain law-enforcement qualifications; and making technical corrections."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 203), and there were--yeas 100, nays
none, absent and not voting none.
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. 3004) takes effect from its 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. 3031, Authorizing professional licensing boards to obtain criminal history record
checks; 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. 204),
and there were--yeas 92, nays 8, absent and not voting none, with the nays being as follows:
Nays: Carmichael, Cowles, Householder, Howell, Kump, Savilla, Storch and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3031) 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. 3034, Recognizing outstanding students who are top achievers in
scholastic studies; 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. 205),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3034) 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. 3044, Relating to civil forfeiture actions related to criminal activity; 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. 206),
and there were--yeas 79, nays 21, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Ellington, Gearheart, Householder, Howell,
Ireland, Kump, Lane, C. Miller, J. Miller, Overington, Romine, Savilla, Sigler, Snuffer, Storch,
Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3044) 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. 3054, Relating to DNA data collection; 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. 207),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3054) 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. 3075, Increasing the time period in the hold-harmless provision when distributing state
aid to local health departments; 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. 208),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3075) 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. 3082, Including the surviving spouse and a designated individual
previously chosen by the deceased as a person who may designate the manner of disposition of a
deceased person's body; 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. 209),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3082) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 3082 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating to
the disposition of the body of deceased persons; persons authorized to make a decision on the
disposition of the body of the deceased; disposition of the remains of a deceased military service
member who dies while serving in the United States armed forces; and persons authorized to enter into cremation contracts."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 3096, Instituting new rules for hiring and firing of law-enforcement officers that leave
a training academy; 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. 210),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3096) 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. 3098, Clarifying levels of West Virginia Greyhound Breeding
Development Fund payouts, and providing funding for greyhound adoption and spay and neutering
programs; on third reading, coming up in regular order, was. on motion of Delegate Boggs, placed
at the foot of bills on third reading.
H. B. 3137, Providing for additional circumstances giving rise to "state 'on' indicators" for
purposes of extended unemployment compensation; 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. 211),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as
follows:
Absent and Not Voting: L. Phillips.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3137) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 212), and there were--yeas 99, nays
none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: L. Phillips.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3137) takes effect from its passage.
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. 3143, Relating to penalties for causing injury or death to certain animals
used by law enforcement; 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. 213),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3143) 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. 3144, Creating a criminal offense and adding misdemeanor criminal
penalties for picketing or disrupting funerals; 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. 214), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3144) 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. 3163, Relating to workers' compensation programs of state government
entities; 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. 215),
and there were--yeas 87, nays 13, absent and not voting 0, with the nays being as follows:
Nays: Andes, Armstead, Carmichael, Craig, Howell, Kump, Lane, C. Miller, Reynolds,
Savilla, Snuffer, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3163) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 216), and there were--yeas 90, nays
10, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Carmichael, Gearheart, Howell, C. Miller, Savilla, Snuffer, Sumner
and Walters.
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. 3163) takes effect from its passage.
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. 3171, Providing educators with the education and training necessary to
ensure the safety of state schools; 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. 217),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3171) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken (Roll No. 218), and there were--yeas 98, nays
1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Kump.
Absent and Not Voting: Ireland.
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. 3171) takes effect July 1, 2011.
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. 3172, Including certain employees of the office of the West Virginia
Alcohol Beverage Control Commissioner be included in the classified service; 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. 219),
and there were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Andes, Cowles, Householder, Kominar, Lane, J. Miller and Savilla.
Absent and Not Voting: Ireland.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3172) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken (Roll No. 220), and there were--yeas 91, nays
8, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Gearheart, Householder, Howell, J. Miller, Savilla and Sumner.
Absent and Not Voting: Ireland.
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. 3172) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Sumner noted to the Clerk that her negative vote should have been affirmative on
Roll No. 220.
Com. Sub. for H. B. 3185, Allowing county commissions to waive or reduce impact fees and
capital improvement fees of affordable housing units in their county; 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. 221),
and there were--yeas 73, nays 27, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Ashley, Border, Carmichael, Cowles, Ellem, Ellington, Gearheart,
Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Romine, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3185) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Ireland announced that he was absent on today when the votes were taken on Roll
Nos. 219 and 220, and that had he been present, he would have voted "Yea" thereon.
Delegate L. Phillips noted to the Clerk that she was absent on today when the votes were taken
on Roll Nos. 211 and 212, and that had she been present, she would have voted "Yea" thereon.
H. B. 3193, Permitting persons who have been convicted of felonies to qualify for jury
service; on third reading, coming up in regular order, was read a third time.
At 12:01 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
Reordering of the Calendar
Delegate Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B.
2878 and H. B. 3098, on third reading, Special Calendar, to the House Calendar, third reading.
On motion of Delegate Boggs, H. B. 3193 was recommitted to the Committee on the
Judiciary.
Special Calendar
Third Reading
-Continued-
Com. Sub. for H. B. 3194, Increasing the age of consent that a minor may refuse mental
health treatment; 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. 222),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3194) 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. 3196, Establishing a program and procedure for certifying medications
assistive persons in the health industry; 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. 223),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Cowles.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3196) 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. 3202, Relating to residential rental security deposits; on third reading,
coming up in regular order, was read a third time.
Delegates Iaquinta and C. Miller and others requested to be excused from voting on the
passage of Com. Sub. for H. B. 3202 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse them from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 224),
and there were--yeas 75, nays 25, absent and not voting none, with the nays being as follows:
Nays: Azinger, Border, Cann, Carmichael, Cowles, Craig, Ellem, Evans, Hamilton,
Householder, Howell, Kump, C. Miller, Moye, Nelson, O'Neal, Pasdon, R. Phillips, Reynolds,
Rodighiero, Romine, Sigler, Snuffer, Sobonya and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3202) 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. 3204, Creating the West Virginia Enterprise Resource Planning Board
and Executive Committee; 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. 225),
and there were--yeas 87, nays 13, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Armstead, Border, Gearheart, Howell, Ireland, Kump, Michael, J.
Miller, Romine, Savilla and Sumner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3204) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 226), and there were--yeas 89, nays
11, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Gearheart, Howell, Ireland, Kump, J. Miller, O'Neal, Savilla, Sigler
and Sumner.
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. 3204) takes effect from its 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. 3224, Removing annual credit cap for expansion projects; 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. 227),
and there were--yeas 74, nays 26, absent and not voting none, with the nays being as follows:
Nays: Anderson, Armstead, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Gearheart,
Hamilton, Householder, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington,
Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya and Sumner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3224) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 228), and there were--yeas 73, nays
27, absent and not voting none, with the nays being as follows:
Nays: Armstead, Border, Carmichael, Cowles, Duke, Ellem, Ellington, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Rowan,
Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3224) takes effect from its passage.
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. 3225, Expanding the definition of harassment, intimidation or bullying;
on third reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.
On motion of Delegates M. Poling and Miley, the bill was amended on page two, by striking
out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 2C. HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION.
§18-2C-2. Definitions.
(a) As used in this article, 'harassment, intimidation or bullying' means any intentional
gesture, or any intentional electronic, written, verbal or physical act, communication, transmission
or threat that:
(a) (1) A reasonable person under the circumstances should know will have the effect of any
one or more of the following:
(1) (A) Physically harming a student;
(2) (B) Damaging a student's property;
(3) (C) Placing a student in reasonable fear of harm to his or her person; or
(4) (D) Placing a student in reasonable fear of damage to his or her property; or
(b) (2) Is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or emotionally abusive educational environment for a student; or
(3) Disrupts or interferes with the orderly operation of the school.
(b) As used in this article, an electronic act, communication, transmission or threat includes
but is not limited to one which is administered via telephone, wireless phone, computer, pager or any
electronic or wireless device whatsoever, and includes but is not limited to transmission of any image
or voice, email or text message using any such device.
§18-2C-3. Policy prohibiting harassment, intimidation or bullying.
(a) Each county board of education shall establish a policy prohibiting harassment,
intimidation or bullying. Each county board has control over the content of its policy as long as the
policy contains, at a minimum, the requirements of subdivision (b) of this section. The policy shall
be adopted through a process that includes representation of parents or guardians, school employees,
school volunteers, students and community members.
(b) Each county board policy shall, at a minimum, include the following components:
(1) A statement prohibiting harassment, intimidation or bullying of any student on school
property, a school bus, at a school bus stop or at school sponsored events;
(2) A definition of harassment, intimidation or bullying no less inclusive than that in section
two of this article;
(3) A procedure for reporting prohibited incidents;
(4) A requirement that school personnel report prohibited incidents of which they are aware;
(5) A requirement that parents or guardians of any student involved in an incident prohibited
pursuant to this article be notified;
(6) A procedure for documenting any prohibited incident that is reported;
(7) A procedure for responding to and investigating any reported incident;
(8) A strategy for protecting a victim from additional harassment, intimidation or bullying,
and from retaliation following a report;
(9) A disciplinary procedure for any student guilty of harassment, intimidation or bullying;
and
(10) A requirement that any information relating to a reported incident is confidential, and
exempt from disclosure under the provisions of chapter twenty-nine-b of this code.
(c) Each county board shall adopt the policy and submit a copy to the State Superintendent
of Schools by December 1, 2001 2011.
(d) To assist county boards in developing their policies, the West Virginia Department of
Education shall develop a model policy applicable to grades kindergarten through twelfth. The model
policy shall be issued by September 1, 2001 2011.
(e) Notice of the county board's policy shall appear in any student handbook, and in any
county board publication that sets forth the comprehensive rules, procedures and standards of conduct
for the school."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 229),
and there were--yeas 80, nays 20, absent and not voting none, with the nays being as follows:
Nays: Armstead, Border, Carmichael, Ellington, Gearheart, Howell, Ireland, Kump, C. Miller,
J. Miller, Nelson, O'Neal, Overington, Savilla, Sigler, Snuffer, Sobonya, Sumner, Walker and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3225) passed.
On motion of Delegates M. Poling and Miley, the title of the bill was amended to read as
follows:
Com. Sub. for H. B. 3225 - "A Bill to amend and reenact §18-2C-2 and §18-2C-3 of the
Code of West Virginia, 1931, as amended, all relating to harassment, intimidation or bullying of
students; expanding the definition of harassment, intimidation or bullying; expanding the areas where
harassment, intimidation and bullying are prohibited to include school buses and school bus stops;
and requiring county board and West Virginia Department of Education policies regarding
harassment, intimidation or bullying."
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. 3231, Establishing prohibited acts relating to possession of controlled
substances obtained from more than one heath practitioner; 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. 230),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Andes.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3231) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 3231 - "A bill to amend and reenact §60A-4-410 of the Code of West
Virginia, 1931, as amended, relating to prohibiting the possession of multiple prescribed medications or prescriptions for controlled substances with the same or similar therapeutic medical purposes;
exceptions; limitations; and criminal penalties."
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. 3243, Relating to appointments or promotions to positions in paid
municipal fire departments; 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. 231),
and there were--yeas 84, nays 16, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Ellington, Gearheart, Howell, Kump, Lane,
Michael, Nelson, O'Neal, Overington, Pasdon, Savilla and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3243) 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. 3270, Allowing reports to be generated by the Legislative Auditor and authorizing audits
of state funds; 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. 232),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3270) 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. 3271, Relating to the distribution of state funds to volunteer fire companies and
departments; on third reading, coming up in regular order, with an amendment pending, was reported
by the Clerk.
The Clerk reported an amendment offered by Delegates Armstead, Nelson and Lane.
Whereupon,
Delegates Armstead, Nelson and Lane asked and obtained unanimous consent that the
amendment be withdrawn.
Delegate White then asked and obtained unanimous consent to offer an amendment on this
reading.
The Clerk then reported the amendment offered by Delegate White, which was adopted as
follows:
On page six, section fourteen-a, line one hundred, by striking out the words "February 1,
2015" and inserting in lieu thereof the words "June 30, 2013",
On page seven, section fourteen-a, following line one hundred eight, by inserting a new
subsection (j) to read as follows:
"(j) Upon the conclusion of the fiscal year ending June 30, 2014, the provisions of this section
shall expire and be of no further force and effect, the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund shall be closed, and any balances remaining in the fund shall
be distributed as provided in section thirty-three-a, article three, chapter thirty-three of this code" and
a period,
On page seven, section thirty-three-a, line two, following the word "thereafter", by striking
out the comma and inserting the words "until June 30, 2014", followed by a comma,
And,
On page seven, section thirty-three-a, following line eleven, by inserting the following:
"(b) On or before August 1, 2011, the commissioner shall transfer $7.5 million from the
premium tax savings fund created under section thirteen, article twelve, chapter twenty-nine of this
code to the Volunteer Fire Department Workers' Compensation Premium Subsidy Fund and
expended solely for the purposes established in section fourteen-a, article four, chapter twelve of this
code until June 30, 2014.
(c) The State Fire Marshal, in consultation with the commissioner and the Secretary of
Revenue, shall conduct a review of the needs of each volunteer or part volunteer fire company or
department serving in the various counties of the state. On or before June 30, 2013, the State Fire
Marshal shall submit to the Joint Committee on Government and Finance a comprehensive report of
the review and the State Fire Marshal's recommendations, substantiated by the findings of the review,
of steps that may be taken to meet the needs of the volunteer and part volunteer fire companies and
departments, including, but not limited to, the following:
(1) An assessment of all current funding received by the volunteer companies and
departments, and a further assessment of the funding necessary to provide the community protections
required for the areas served by the volunteer companies and departments, the extent to which those
needs are being met, the extent to which they are not being met, and recommendations of sources of
funds to meet additional needs and the amounts needed, if any;
(2) An assessment of the cost of workers' compensation coverage for the volunteer companies
and departments and recommendations for any actions that may be undertaken by the volunteer
companies and departments and others to reduce those costs;
(3) An assessment of the causes of any decline in recruitment and retention of volunteer
firefighters and recommendations for improvements in this area, including any recommendations for
incentives that have a demonstrated record of significant increases in recruitment and retention as well
as recommendations of sources of funds to provide those incentives, if funds are necessary;
(4) An assessment of the level of financial accountability that should be required of volunteer
companies and departments in order to provide the Legislature the information necessary to target
future funding for their activities based upon the safety and fire protection needs of the various areas
of the state;
(5) An assessment of the comparative levels of funding for volunteer companies and
departments provided by counties, municipalities and other political subdivisions and the means by
which that funding is provided, including identification of those which contribute little or no funding
to the volunteer companies and departments within their jurisdictions, together with recommendations
for increasing those levels of contributions;
(6) An assessment of the comparative levels of funding for volunteer companies and
departments provided by their own efforts, and the means by which that funding is provided,
including identification of those which provide little or no funding through their own efforts, together
with recommendations for increasing these sources of funding;
(7) An assessment of the comparative economic and other benefits provided by the various
volunteer companies and departments to their particular counties, municipalities and other political
subdivisions, as well as to citizens of the local communities they serve;
(8) Other assessments and recommendations which the State Fire Marshal deems appropriate
in the circumstances.
(d) Upon the conclusion of the fiscal year ending June 30, 2014, the provisions of this section
shall expire and be of no further force and effect and the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund shall be closed. Upon closure of the fund, from any balances
therein remaining, the state auditor shall first, to the extent available, transfer to the Fire Protection
Fund an amount equal to the aggregate of funds deposited into the Volunteer Fire Department
Workers' Compensation Premium Subsidy Fund during the fiscal years ending June 30, 2012, 2013
and 2014 pursuant to subsection (a) of this section that would otherwise have been required to be
deposited into the Fire Protection Fund, and any balances thereafter remaining in the Volunteer Fire
Department Workers' Compensation Premium Subsidy Fund shall expire to the general revenue fund
of the state."
Having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3271) 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:
Com. Sub. for S. B. 60, Authorizing probation officers' supervision of sex offenders pending
availability of multijudicial officer,
Com. Sub. for S. B. 61, Relating generally to juvenile drug courts,
Com. Sub. for S. B. 216, Modifying definition "imminent danger to physical well-being of
a child",
Com. Sub. for S. B. 256, Requiring sex offenders verify e-mail and online identities,
S. B. 358, Authorizing electronic registration of wildlife,
S. B. 392, Changing definition of "accredited thoroughbred horse",
S. B. 486, Creating WVU-Tech Revitalization Project,
And,
Com. Sub. for S. B. 582, Relating to seals of notaries and commissioners.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2709, Allowing county school boards to enter into energy-saving
contracts.
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. 18 - "A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60-3A-3a; to amend and reenact §60-3A-4 of said code;
and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring
certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course, the training for intervention procedures
course, alcohol awareness programs provided by the American Hotel and Lodging Association or the
National Restaurant Association or other similar alcohol awareness education courses provided or
approved by the Alcohol Beverage Control Commissioner; allowing for the training to be done on-site
by a manager or supervisor; and providing legislative rule-making authority"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 245 - "A Bill to amend and reenact §22C-1-27 of the Code of West
Virginia, 1931, as amended; to amend and reenact §29-22-18a of said code; to amend said code by
adding thereto a new section, designated §29-22-18d; to amend and reenact §31-15A-9 of said code;
and to amend said code by adding thereto a new section, designated §31-15A-17b, all relating to
protection of the Chesapeake Bay Watershed; increasing the bonding authority of the Water
Development Authority for limited purpose; increasing amount of excess lottery revenue deposited
to infrastructure fund; providing for distribution to infrastructure fund where excess lottery revenue
shortfall occurs; providing exemption for excess lottery revenue deposited to infrastructure fund;
creating the West Virginia Infrastructure Lottery Revenue Debt Service Fund and providing for
purpose of new fund; authorizing Water Development Authority to issue revenue bonds for certain
Chesapeake Bay Watershed projects; establishing deadline for publicly owned wastewater facilities
subject to Chesapeake Bay compliance standards to submit ten-year projected capital funding plan
to Infrastructure Council for review and approval; providing eligibility for funding; requiring Water Development Authority to report to Joint Committee on Government and Finance regarding total cost
of Chesapeake Bay compliance projects; making Chesapeake Bay compliance projects with funding
approved before a certain date eligible for grant funding; and limiting eligibility of grant funding";
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 and requested the concurrence
of the House of Delegates in the passage, of
S. B. 366 - "A Bill to amend and reenact §22-17-20 of the Code of West Virginia, 1931, as
amended, relating to the Underground Storage Tank Administrative Fund; and raising from $500,000
to $1 million the balance allowed to be in this fund at the beginning of each year"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 444 -"A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §62-10A-1, §62-10A-2, §62-10A-3, §62-10A-4, §62-10A-
5, §62-10A-6, §62-10A-7, §62-10A-8, §62-10A-9, §62-10A-10, §62-10A-11, §62-10A-12, §62-10A-
13, §62-10A-14, §62-10A-15, §62-10A-16, §62-10A-17, §62-10A-18, §62-10A-19, §62-10A-20,
§62-10A-21, §62-10A-22, §62-10A-23, §62-10A-24, §62-10A-25, §62-10A-26, §62-10A-27 and
§62-10-28, all relating to the protection of nonfamily or nonhousehold members; setting forth the
purpose of the article; defining terms; establishing jurisdiction of magistrate and circuit courts;
establishing venue for actions; establishing procedures for filing petitions, hearings, entry of orders and contents of orders; declaring orders effective statewide; establishing means of service of process;
making proceedings confidential; making rules of evidence applicable to proceedings; establishing
time periods for orders; prohibiting mutual orders; establishing procedures for appeals and pursuing
of records; requiring orders be filed in domestic violence database; limiting use of information
obtained during proceedings; allowing for civil contempt for violations of orders; creating offenses
for violations of protection orders; directing Supreme Court of Appeals to create forms; granting
immunity to persons seeking orders; orders in good faith; establishing penalties"; 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 and requested the concurrence
of the House of Delegates in the passage, of
S. B. 467 - "A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as
amended, relating to preventing teachers from being assigned additional responsibilities during
planning period without teacher's consent"; which was referred to the Committee on Education then
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. 488 - "A Bill to repeal §16-3C-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §16-3C-1, §16-3C-2 and §16-3C-3 of said code, all relating
to repealing the authority of the Department of Corrections to conduct AIDS-related study; providing
for AIDS-related testing and confidentiality of records; providing definitions; who may request testing; confidentiality of records; and providing when disclosure is permitted"; which was referred
to the Committee on Health and Human Resources then 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. 526 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-4C-24, relating to allowing State Police, police,
sheriffs, fire and emergency service providers to possess Naloxone to administer in suspected narcotic
drug overdoses"; which was referred to the Committee on Health and Human Resources then 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. 540 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §19-33-1, §19-33-2, §19-33-3, §19-33-4 and §19-33-5,
all relating to creating the Equine Rescue Facilities Act; providing definitions; licensing of equine
facilities; providing for inspections; authorizing legislative rules; and providing penalties"; 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. 552 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-29c, relating to crimes against the elderly,
protected persons or incapacitated persons; financial exploitation of the elderly, protected persons and
incapacitated adults for misappropriating or misusing assets; permitting the prosecutor to cumulate
amounts or values when charging; permitting banking institutions and others to report suspected
financial exploitation to law-enforcement authorities and other entities; permitting financial
institutions to disclose suspicious activity reports or currency transaction reports to the prosecuting
attorney; providing civil immunity for reporting; ordering restitution; and establishing the criminal
penalty of larceny"; 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
S. B. 568 - "A Bill to amend and reenact §29-21-9 of the Code of West Virginia, 1931, as
amended, relating to panel attorneys; and providing that an attorney from the public defender office
shall be appointed by a judge in certain cases"; 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. 592 - "A Bill to amend and reenact §18-9F-1 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-9F-
9; and to amend and reenact §18-28-2 of said code, all relating to requiring that schools have crisis
response plans; updating legislative findings and intent; requiring the state board in conjunction with
the Division of Homeland Security and Emergency Management to develop a model school crisis response plan, to annually review and, if necessary, update the model plan and to develop certain
necessary safeguards to protect certain information in each response plan; requiring each school to
form a crisis response planning team; requiring annual review of each school's crisis response plan
and updating of plan if necessary; requiring state board to promulgate rule setting forth required
inclusions for each plan; and making private, parochial and religious schools subject to crisis response
plan requirements"; which was referred to the Committee on Education.
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
S. B. 609 - "A Bill to amend and reenact §30-18-1 of the Code of West Virginia, 1931, as
amended, relating to clarifying that employees of property management firms employed by residential
property owners' associations are not required to be licensed as security guards"; which was referred
to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 43 - "Requesting the Division of Highways to erect a memorial sign on Route 60, at
or near the Caldwell exit, in Greenbrier County, that states 'Home of Chan Whitt Jr., the "Little
Prince" Billiards Champion'."
Whereas, Chan Whitt Jr. resided in Caldwell, Greenbrier County, his entire life, being one
of seven children, until his tragic death resulting from a motor vehicle accident in 1994; and
Whereas, Chan Whitt Jr. traveled the world over, playing in national and international
billiards tournaments, including a tournament he played and won in Japan; and
Whereas, Chan Whitt Jr. was featured in several magazines and gave a billiards exhibition
at The Greenbrier Hotel in White Sulphur Springs; and
Whereas, Chan Whitt Jr. was a television celebrity, appearing on ESPN, the Today Show,
PM Magazine, Good Morning America, Sports World and That's Incredible; and
Whereas, Chan Whitt Jr. put the little town of Caldwell, West Virginia, on the map with his
enormous talent and his many travels; and
Whereas, It is fitting to honor Chan Whitt Jr., not only for his stellar talents but for the
recognition he brought to the little town of Caldwell, Greenbrier County, and the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to erect a memorial sign on
Route 60, at or near the Caldwell exit, in Greenbrier County, that states "Home of Chan Whitt Jr., the
'Little Prince' Billiards Champion"; and, be it
Further Resolved, That the Legislature hereby requests the Division of Highways to have
made and be placed a sign on Route 60, at or near the Caldwell exit, in Greenbrier County, that reads
"Home of Chan Whitt Jr., the 'Little Prince' Billiards Champion"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation, to Judy Steele and to Mr. Chan's
father, Chan Whitt Sr.
Miscellaneous Business
Delegate Canterbury announced that he was absent on today when the votes were taken on
Roll Nos. 181 through 188, and that had he been present, he would have voted "Yea" thereon.
At 4:50 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 3, 2011.