hdj2010-01-25-13

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Monday, January 25, 2010
THIRTEENTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, January 22, 2010, 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:
H. B. 4142, Relating to the board of sanitarians,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4142) was referred to the Committee on the Judiciary.
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:
Association of Rehabilitation Facilities
Department of Commerce
Division of Tourism
Film Office
Film Industry Investment Act
Department of Health and Human Resources
Appalachian Community Health Center, Inc.
Cabin Creek Health Systems
Foundation for Rape Information and Services, Inc.
Pendleton Community Care, Inc.
Rape and Domestic Violence Information Center, Inc.
Reach-Family Resource Center, Inc.
Shenandoah Valley Medical System, Inc.
Department of Military Affairs and Public Safety
Division of Juvenile Services of
Department of Tax and Revenue
Tax Expenditure Study
Division of Energy
Development Plan
Division of Motor Vehicles
DMV Annual Report
Motor Vehicle Test and Lock Program
Insurance Commission

Analysis of Impact of Legislation Enacted During the 2005 Legislative Session on Homeowners Insurance Rates and Availability in the State

Public Service Commission
Supply-Demand Forecast for Electric Utilities
Supply-Demand Forecast for Gas Utilities
Special Investigations, Commission on
The above- referenced reports are on file in the Clerk's Office.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Perry:

H. B. 4165 - "A Bill to amend and reenact §18-8-1, §18-8-1a and §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance; increasing the minimum age for ending compulsory school attendance to age seventeen; and reducing to five the number of days of unexcused absences at which proceedings to enforce attendance begin"; to the Committee on Education.
By Delegates Hamilton, Klempa, Miley, Duke, Ellem, Wells and Manchin:

H. B. 4166 - "A Bill to amend and reenact §8-15-17 of the Code of West Virginia, 1931, as amended, relating to requirements for firefighter applicants"; to the Committee on the Judiciary.
By Delegates Miley, Wooton, Barker, Moore, Shook, Ferro, Ellem, Schoen and Sobonya:

H. B. 4167 - "A Bill to amend and reenact §17C-5A-3 of the Code of West Virginia, 1931, as amended, relating to creation of a special revenue fund, known as the Department of Health and Human Resources Safety and Treatment Fund; control and use of the fund; and transferring to the Department of Health and Human Resources all employees, records responsibilities, obligations, assets and property of the Division of Motor Vehicles with respect to the safety and treatment program to the Department of Health and Human Resources"; to the Committee on the Judiciary then Finance.
By Delegates Spencer, Pethtel, Givens, Reynolds, Stephens, Canterbury and Duke:

H. B. 4168 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-9a, relating to the Emergency Medical Services Retirement System; and authorizing the purchase of previous service of eligible emergency medical service officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS)"; to the Committee on Pensions and Retirement then Finance.

By Delegates Swartzmiller, Marshall, Poore, Stowers and Eldridge:

H. B. 4169 - "A Bill to amend and reenact §3-2-4a of the Code of West Virginia, 1931, as amended, relating to statewide voter registration list maintenance and making a technical correction to that statute"; to the Committee on the Judiciary.

By Delegates Miley, Wooton, Barker, Moore, Shook, Ferro, Ellem and Schoen:

H. B. 4170 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62- 16-7, §62-16-8, §62-16-9, §62-16-10, §62-16-11, §62-16-12, §62-16-13, §62-16-14, §62-16-15 and §62-16-16, all relating to the enactment of the Uniform Collateral Consequences of Conviction Act; limitations on the scope of the act; identification, collection and publication of collateral consequences by the Attorney General; pretrial notice of collateral consequences; notice of collateral consequences at sentencing and upon release; authorization to impose a collateral sanction or disqualification; effect of out-of-state convictions; effect of pardoned or vacated convictions; petitions for relief from collateral consequences; certificates of restoration of rights; exemptions from orders or certificates; issuance of orders or certificates; reliance on order or certificate as evidence of due care; victim's rights; and uniformity of application and construction of article"; to the Committee on the Judiciary.

By Delegates Miley, Wooton, Barker, Moore, Shook, Ferro, Ellem, Schoen and Sobonya:

H. B. 4171 - "A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-13 of said code, all relating to the Division of Corrections; criminal procedure; and criminogenic risk and needs assessments"; to the Committee on the Judiciary.

By Delegates Martin, Klempa, Barker, Cann, Ferro, Guthrie, Kominar, Shook, Stephens, Swartzmiller and J. Miller:

H. B. 4172 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner; establishing requirements for eligible organizations; assessing a special initial application fee and a special annual fee; discontinuance of a specialty plate; and establishing a minimum number of applications for the special plates prior to the design and production of the plates"; to the Committee on Roads and Transportation then Finance.
House Calendar
Third Reading
H. B. 4026, Relating to higher education capital facilities generally; 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. 4), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Azinger, Frazier, Hutchins, J. Miller, Swartzmiller and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4026) 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. 4040, Requiring county boards to adopt contingency plans designed to guarantee one hundred eighty separate days of instruction for students; 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. 5), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Azinger, Frazier, Hutchins, J. Miller, Swartzmiller and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4040) 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. 4138, Relating to the practice of medical imaging and radiation therapy; 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. 6), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Azinger, Frazier, Hutchins, J. Miller, Swartzmiller and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4138) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
H. B. 4138 - "A Bill to amend and reenact §30-23-6, of the Code of West Virginia, 1931, as amended, relating to clarifying the authority of the Medical Imaging and Radiation Therapy Technology Board of Examiners to work with the Board of Medicine regarding the regulation of the practice of Radiologist Assistants."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 7), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Azinger, Frazier, Hutchins, J. Miller, Swartzmiller and Wooton.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4138) 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.
First Reading
H. B. 4144, Relating to the board of veterinary medicine; on first reading, coming up in regular order, were each read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Azinger, Frazier, Hutchins, J. Miller, Swartzmiller and Wooton.
Miscellaneous Business
Delegate D. Poling asked and obtained unanimous consent that the remarks of Delegate Caputo regarding the 1968 Farmington Coal Mine disaster be printed in the Appendix to the Journal.
Delegate Sobonya asked and obtained unanimous consent that the remarks of Delegate Ireland regarding H. B. 4040, Requiring county boards to adopt contingency plans designed to guarantee one hundred eighty separate days of instruction for students, be printed in the Appendix to the Journal.
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 26, 2010.