hdj2010-02-11-30

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Thursday, February 11, 2010
THIRTIETH 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 Wednesday, February 10, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 8, The "Lance Corporal Larry Steven Heater Memorial Bridge",
H. C. R. 15, The "John Joseph Walkup, Jr., Bridge",
H. C. R. 28, The "Trooper First Class James Thomas Brammer Memorial Bridge",
H. C. R. 30, The "Chief Warrant Officer John Michael Hohman Memorial Bridge",
H. C. R. 35, The "Dr. Mabel Nichols Bridge",
And,
H. C. R. 37, The "CMS Marshall Irvin Pauley Memorial Bridge, Killed in Action, Vietnam 1966",
And reports the same back with the recommendation that they each be adopted.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4185, Relating to mandatory retirement age of deputy sheriffs,
H. B. 4213, Providing that municipal employees may receive up to two years of retirement service credit for military service,
And,
H. B. 4392, Requiring the Consolidated Public Retirement Board to deduct from monthly benefits to retirees sums to pay retiree association dues and to provide retiree associations or organizations lists of plan beneficiaries and addresses,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4185, H. B. 4213 and H. B. 4392) were each referred to the Committee on Finance.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4201, Creating the Livestock Care Standards Board,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4201) was referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4366, Requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience,
And,
H. B. 4273, Relating to professional employer organizations,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4366 and H. B. 4273) were each referred to the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4285, Relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking,
H. B. 4291, Eliminating duplicitous criminal background investigations with both the West Virginia State Police and the Federal Bureau of Investigation,
And,
H. B. 4297, Requiring regulated consumer lenders to provide notice of change in ownership or control to the West Virginia Division of Banking and clarifying that mortgage loan originators employed by such lenders must be registered or licensed,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4285, H. B. 4291 and H. B. 4297) were each referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4129, Clarifying that municipalities and counties are able to increase the rate of property taxes by more than ten percent in a given year when an election is held,
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 (H. B. 4129) was referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
S. B. 388, Specifying number of members on municipal planning commissions and zoning boards,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 388) was referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4222, Exempting antique motor vehicles from personal property taxes,
And reports the same back, with amendment, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4222) was referred to the Committee on Finance.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4323, Prohibiting use of turning lanes for through traffic under certain circumstances,
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. 4323) was referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 4219, Reporting of certain geologic information obtained incidental to oil and gas drilling,
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. 4219) was referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4260, Relating to insurance adjusters,
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 Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4260) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4374, Caregivers Consent Act,
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. 4374) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4220, Relating to the practice of medical imaging and radiation therapy,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4220 - "A Bill to amend and reenact §30-3-7a of the Code of West Virginia, 1931, as amended, relating to the practice of radiologic assistants and radiologic practitioner assistants who are regulated by the Board of Medicine,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4220) to the Committee on Government Organization was abrogated.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 380 - "A Bill to amend and reenact §61-8-19a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8-19c, all relating to criminalizing as a felony engaging in animal fighting; criminalizing possession, use, transport or sale of any device to enhance an animal's fighting ability with the intent it be so used; and penalties"; which was referred to the Committee on Agriculture 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
S. B. 420 - "A Bill to amend and reenact §15-2-25 of the Code of West Virginia, 1931, as amended, relating to denial of request to carry handgun by retired trooper living outside of West Virginia"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 499 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-3C-7a, relating to changing the name of the Community and Technical College at West Virginia University Institute of Technology to Bridgemont Community and Technical College; changing the name of Marshall Community and Technical College to Mountwest Community and Technical College; and changing the name of West Virginia State Community and Technical College to Kanawha Valley Community and Technical College"; which was referred to the Committee on Education.
Petitions
Delegate Doyle presented a petition on behalf of his constituents, requesting the State of West Virginia to remove licensing requirement for salon assistants; which was referred to the Committee on the Government Organization.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hatfield, Guthrie, Marshall, Poore, Spencer, Wells, Brown, Skaff and Moore:

H. B. 4438 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all relating to creating a commission to develop a pilot program to help at-risk youth in West Virginia; creation of commission; composition of the commission; powers and duties of the commission; outcome recommendations for pilot program; goals of the pilot program; and operation of the pilot program"; to the Committee on Finance.
By Delegates Cann, Pethtel, Ross, Perry, Michael, Hatfield, Williams and Campbell:

H. B. 4439 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to valuation of farmland and structures situated thereon"; to the Committee on the Judiciary.
By Delegates Cann, Smith, Paxton, Kominar, Hall, C. Miller, Perry, Skaff, Rowan and Craig:

H. B. 4440 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to permitting the period of service by veterans of the conflicts in Granada, El Salvador, Somalia, Afghanistan, Iraq and the Panama Canal be allowed as military service credit for persons who are eligible for public employees retirement benefits"; to the Committee on Pensions and Retirement then Finance.
By Delegates Martin and Klempa:

H. B. 4441 - "A Bill to amend and reenact §17-27-9 of the Code of West Virginia, 1931, as amended, relating to the Public-Private Transportation Facilities Act; comprehensive agreement; and authorizing the President of the Senate and the Speaker of the House of Delegates to approve a public partnership agreement"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Miley, Hunt, Brown, Frazier, Hutchins, Barker, Moore, Hamilton and Ellem

[By Request of the Secretary of State's Office]:
H. B. 4442 - "A Bill to amend and reenact §3-8-1a and §3-8-5a of the Code of West Virginia, 1931, as amended, all relating to the definition of a charitable organization in regards to an inaugural committee's disbursement of excess contributions; and information required in a financial statement"; to the Committee on the Judiciary.
By Delegates Swartzmiller, Pethtel, Martin, Cann, D. Poling and Spencer

[By Request of the State Auditor's Office]:
H. B. 4443 - "A Bill to amend and reenact §6-9-7 of the Code of West Virginia, 1931, as amended, relating to clarifying that audit supporting documentation is confidential"; to the Committee on the Judiciary.
By Delegates Blair, Duke, Cowles, J. Miller, T. Walker, Overington, Doyle and Lawrence:

H. B. 4444 - "A Bill to amend and reenact §7-14-8 of the Code of West Virginia, 1931, as amended, relating to authorizing lateral transfers for deputy sheriffs"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Rodighiero and Louisos:

H. B. 4445 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6-18c, relating to prohibiting the granting of a license for a new motor vehicle dealership, or the relocation of an existing new motor vehicle dealership, within a ten mile radius of a former dealership whose franchise was revoked by the manufacturer for grounds other than those provided; and allowing the granting of a license for a dealership within that ten-mile radius if the manufacturer can show proof that the franchise was offered to the original franchisee and the original franchisee refused the offer"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Kominar, Beach, Ross, Varner, Ferro, White and Eldridge:

H. B. 4446 - "A Bill to amend and reenact §24-2F-3 of the Code of West Virginia, 1931, as amended, relating to recategorizing recycled energy as a renewable energy resource for the purposes of purchasing energy resource credits"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Barker:

H. B. 4447 - "A Bill to extend the time for the governing body of the Board of Education of Boone County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of that county an election to consider a renewal of an existing excess levy for schools, from the third Tuesday of April until the last day in May, 2010 that is not a Saturday, Sunday or legal holiday"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Barker:

H. B. 4448 - "A Bill to amend and reenact §11-8-12 and §11-8-12a of the Code of West Virginia, 1931, as amended, all relating to correcting an inconsistency in the code regarding school board levies"; to the Committee on Education then Finance.
By Delegates Shott, Porter, Frazier, Hall, Moore, Hamilton and Andes:

H. B. 4449 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5 and §11-6K- 6, all relating to the method of valuation of certain mine safety equipment; providing definitions; providing methodology for valuation of certain mine safety equipment; stating that the initial determination of valuation is to be made by the county assessor; authorizing the protest and appeal of the assessor's decision; and providing an effective date"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Fragale, Boggs, Hartman, Hatfield, Morgan, Stephens and T. Walker:

H. B. 4450 - "A Bill to repeal §30-13A-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-13A-4, §30-13A-6, §30-13A-15 and §30-13A-36 of said code, all relating to land surveyors; revising board member qualifications; clarifying certain terms related to a lapsed license; repealing minimum standards for boundary surveys; requiring certain county surveyors of land to be licensed after a date certain; and authorizing minimum standards for boundary surveys to be promulgated by legislative rule"; to the Committee on Government Organization then the Judiciary.
By Delegates Hamilton and Lane:

H. B. 4451 - "A Bill to amend and reenact §5-10-52 of the Code of West Virginia, 1931, as amended, relating to certain members of the Legislature and certain service by members of the Legislature"; to the Committee on Pensions and Retirement then Finance.
By Delegates White, Miley, Campbell, Caputo, Border, Boggs, Mahan, Moore, Hunt, Ellem and Hamilton

[By Request of the Secretary of State's Office]:
H. B. 4452 - "A Bill to amend the Code of West Virginia, 1931 as amended, by adding thereto a new section, designated §11-21-12j, relating to personal income tax; providing a decreasing modification to federal adjusted gross income in determining West Virginia personal income tax liability for income received by an election official for the tax year in which the income was earned; disallowing carry forward of carry back of any unused portion of the decreasing modification to another tax year; and specifying effective date"; to the Committee on the Judiciary then Finance.
By Delegates Beach, Fleischauer, Shook, Marshall, Manypenny, Pethtel, Longstreth and Caputo:

H. B. 4453 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to add a magistrate to those serving Monongalia County"; to the Committee on the Judiciary then Finance.
By Delegates Mahan, Brown, Eldridge, Ennis, Fragale, Frazier, Longstreth, Phillips, Rowan, Schadler and Wooton:

H. B. 4454 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6, §49-6F-7, §49-6F-8 and §49-6F-9, all relating to establishing the Office of Child Advocacy; defining terms; providing powers and duties of the Office of Child Advocacy; providing qualifications, term of office and salary of the director; granting authority for the director to hire staff; providing the director and staff of the Office of Child Advocacy to investigate and monitor the Division of Child Protective Services and Division of Corrections; authorizing access to Child Protective Services and certain Division of Corrections records and information; allowing communication with children involved in Child Protective Services investigations and in the custody of the Division of Corrections; providing for confidentiality of information; granting immunity from liability in certain circumstances; establishing sunset provision"; to the Committee on the Judiciary then Finance.
By Delegates T. Walker, Overington, Duke, Blair and J. Miller:

H. B. 4455 - "A Bill to amend and reenact chapter 83, Acts of the Legislature, regular session, 1970, relating to changing the Martinsburg public library to the Martinsburg-Berkeley County Public Library; to create a library board with the power to operate the said public library; and to provide a stable method of financing the operation of the Martinsburg-Berkeley County Public Library"; to the Committee on Government Organization then Finance.
By Delegate Campbell:

H. B. 4456 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA- 5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA- 12 and §11-13AA-13, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for profits attributed to the use of patents directly used in a manufacturing process or product developed in this state or for royalties generated from patents directly used in a manufacturing process or product developed in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction; providing effective date; and specifying termination date"; to the Committee on Finance.
By Delegates Brown, Talbott, Fragale, Caputo, Hatfield, Wells, Fleischauer, Marshall and Perdue:

H. B. 4457 - "A Bill to amend and reenact §22-3-9, §22-3-22, §22-3-22a and §22-3-30a of the Code of West Virginia, 1931, as amended; to amend and reenact §22-6-6 and §22-6-11 of said code; to amend and reenact §29-1-8a of said code; to amend and reenact §37-13A-1, §37-13A-2 and §37-13A-5 of said code; to amend said code by adding a new section, designated §37-13A-7; and to amend and reenact §61-8-14 of said code, all relating to the access to and protection of cemeteries; amending surface mining permit application requirements; increasing the distance required for surface mining activity in relation to cemeteries; amending gas and oil well work permit requirements; requiring permits be reviewed to determine the potential for cemetery damage; clarifying procedures for protection of graves and burial sites; clarifying requirements and procedures for access to cemeteries and grave sites located on private land; enhancing the crime of disinterment of a dead body or damage to a cemetery"; to the Committee on the Judiciary then Finance.
By Delegates Campbell and Klempa:

H. B. 4458 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5, §13-2H-6, §13-2H-7, §13-2H-8, §13-2H-9, §13-2H-10, §13-2H-11 and §13-2H-12; and to amend and reenact §29-22C-27 of said code, all relating to the authorization of municipalities, county commissions and certain boards of education to issue revenue bonds secured by lottery revenue for the purpose of acquiring or constructing public projects"; to the Committee on Political Subdivisions then Finance.
Special Calendar
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. 4179, Removing the termination date of the Equal Pay Commission,
Com. Sub. for H. B. 4198, Extending the expired term of a member of the Oil and Gas Inspectors' Examining Board until such time as the member's successor is appointed and qualified,
Com. Sub. for H. B. 4248, Relating to the solicitation of charitable funds,
Com. Sub. for H. B. 4281, Replacing references to "mental retardation" with "intellectual disability",
And,
H. B. 4355, Making it a felony offense to disarm, or attempt to disarm probation officers and parole officers.
Miscellaneous Business
At the request of Delegate Morgan, and by unanimous consent, Delegates Miley, White, Marshall, Perdue, M. Poling, Hatfield and Campbell were added as co-sponsors to H. B. 4179, Removing the termination date of the Equal Pay Commission.
Delegate Lane asked and obtained unanimous consent that the remarks of Delegate Armstead regarding President Abraham Lincoln and in anticipation of the observance of Lincoln's 201^st birthday, be printed in the Appendix to the Journal.
At 11:36 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 12, 2010.