__________*__________
Thursday, January 20, 2011
NINTH 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, January 19, 2011, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Skaff, Ferns, Hall, Lawrence, R. Phillips, Poore, Reynolds, Stowers, Andes,
Howell, Lane, J. Miller, Pasdon, Savilla offered the following resolution, which was read by the
Clerk as follows:
H. R. 7 - "Designating January 20, 2011, as 'Generation West Virginia Day'."
Whereas, Generation West Virginia is the statewide movement committed to cultivating
and engaging young talent, those 21 to 45; and
Whereas, The future of West Virginia relies heavily on the retention, recruitment, and advancement of young talent to ensure that our intellectual capital base is strong for the future
success of our State's economy, communities and intellectual infrastructure; and
Whereas, This collaborative and dynamic group of young talent within Generation West
Virginia is creating an outstanding positive image within our State and on the national level by
serving as a model for promoting young leaders and making our State a destination for young talent;
and
Whereas, Generation West Virginia is an innovative, results-oriented, and dedicated
organization that represents young talent from all walks of life, careers, communities who are
committed to a positive and strong present and future for our great State; and
Whereas, Those 21 to 45 years of age in West Virginia include more than 600,000 of our
State's population and represent our State's future base of workers, dreamers, innovators, educators,
entrepreneurs, leaders and most importantly our hope for a successful future; and
Whereas, These young leaders are not just the future of our state, but the rising leaders of
today who are making it possible for West Virginia to compete successfully with the world; and
Whereas, By working to make our State attractive for young talent, steps are being taken
to encourage a "brain gain" for West Virginia that will build a strong future for our State to become
a global leader; and
Whereas, This legislative body recognizes the importance of this growing movement and
will listen and collaborate with its leadership and regional organizations to develop positive solutions
and opportunities to create abundance and prosperity in our State; therefore, be it
Resolved by the House of Delegates:
That the House hereby designates January 20, 2011, as "Generation West Virginia Day"; and
Further Resolved, That the Clerk of the House forward a copy of this resolution to Paul
Daugherty, Chair of Generation West Virginia.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 7) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Perdue, Fleischauer, D. Campbell, Moye, Phillips, Rodighiero, Perry, Lawrence,
Staggers, Marshall, Barill, Ferns, Poore, Border, Andes, Rowan and Pasdon offered the following
resolution, which was read by the Clerk as follows:
H. R. 8 - "Designating January 20, 2011, as 'Professional Counselor's Day'."
Whereas, Professional counselors are dedicated to the successful functioning of American
Society; and
Whereas, Professional counselors are distinct professionals with both national and state
standards of preparation, certification and credentialing; and
Whereas, There are both state and national professional associations dedicated to advancing
the scientific, educational and philosophical foundations of the counseling profession and its
members; and
Whereas, There is evidence that counseling services help to address mental illnesses and
alleviate and prevent both acute and transitional human development challenges; and
Whereas, Professional counselors are highly skilled individuals who provide flexible
consumer oriented therapy; and
Whereas, Professional counselors utilize assessment techniques and tools that provide a
practical, problem solving approach that creates a dynamic and efficient path for change and problem
resolution; and
Whereas, Professional counselors are committed to the prevention, enhancement and the
facilitation of optimum wellness; and
Whereas, Professional counselors work in a variety of settings, including independent
practice, community agencies, hospitals, employee assistance programs, military, government and
educational institutions to provide resources and guidance that promotes wellness; and
Whereas, Professional counselors dedicate themselves to excellence in the profession of
mental health counseling through licensing, advocacy, education, and professional development; and
Whereas, We honor and appreciate the outstanding dedication of professional counselors
for their caring, commitment and making a difference in the lives of others; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates January 20, 2011, as "Professional
Counselor's Day"; and, be it
Further Resolved, That the House of Delegates recognizes professional counselors and their
commitment and dedication to individuals, families, and communities everywhere through
prevention, enhancement and the facilitation of optimum well being; and, be it
Further Resolved, That the House of Delegates calls upon all citizens to join with the West
Virginia Licensed Professional Counselors Association, along with other professional counseling
organizations, in celebration and support of professional counselors and their profession; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the appropriate officials representing professional counselors.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 8) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Delegates Poore, Mr. Speaker, Mr. Thompson, and Delegates Armstead, Azinger, Barill,
Barker, Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann, Caputo, Cowles, Craig, Crosier,
Doyle, Ellem, Evans, Ferns, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield,
Householder, Hunt, Iaquinta, Kominar, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny,
Marshall, Michael, Miley, Moore, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, L.
Phillips, R. Phillips, Pino, D. Poling, M. Poling, Reynolds, Rodighiero, Rowan, Skaff, Smith,
Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Walker, Wells and White
offered the following resolution, which was read by the Clerk as follows:
H. R. 9 - "Recognizing the Blue Ridge Chapter of the National MS Society."
Whereas, Multiple sclerosis (MS) is a chronic, often disabling disease of the central nervous system that affects approximately 4,000 people in West Virginia; and
Whereas, Most people with multiple sclerosis are diagnosed between the ages of 15 and 50
but the unpredictable physical and emotional effects can be lifelong; and
Whereas, Studies show that early and ongoing treatment with a FDA-approved therapy can
reduce future disease activity and improve the quality of life for many people with MS; and
Whereas, Multiple sclerosis is a disease that not only affects the person with the condition,
but also greatly impacts family, friends and the community; and
Whereas, The exact cause of multiple sclerosis is still unknown, and there is no known cure;
and
Whereas, The symptoms of MS may be mild such as numbness in the limbs, or severe, such
as paralysis or loss of vision; and
Whereas, Every hour of every day, someone is newly diagnosed with multiple sclerosis; and
Whereas, The National Multiple Sclerosis Society envisions a world free of MS; and
Whereas, The Blue Ridge Chapter of the National Multiple Sclerosis Society provides West
Virginia residents with programs and services to address the challenges of everyone affected by MS;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the many individuals who work hard every
day to help those afflicted with Multiple Sclerosis; and, be it
Further Resolved, That the House of Delegates extends its sincere appreciation to the
members of the Blue Ridge Chapter of the National Multiple Sclerosis Society for its many
contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the appropriate representatives of the Blue Ridge Chapter of the National Multiple
Sclerosis Society.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2153, Requiring the Department of Environmental Protection to remediate any waste
tire pile in the state consisting of more than twenty-five tires,
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. 2153) was referred to
the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2521, Eliminating the requirement of serving domestic violence orders by certified
mail,
And reports the same back with the recommendation that it do pass.
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. 2175, Allowing, under limited circumstances, a child under the age of fifteen years to
hunt or take antlerless deer without first obtaining a certificate of training,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2175) 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. 2262, Allowing for an adjusted gross income of a taxpayer for contributions to the
maintenance and improvement of state, county and municipal parks,
And reports the same back 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. 2262) 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:
H. B. 2400, Relating to granting licensed real estate appraisers access to commercial or
residential review documents,
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. 2400) was 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. 2096, Relating to arts, entertainment and enterprise districts,
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. 2096) was referred to the Committee on the Judiciary.
Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following
report, which was received:
Your Committee on Senior Citizen Issues has had under consideration:
H. B. 2522, Relating to nursing home administrative appeals,
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. 2522) 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. 2479, Relating to anesthesia,
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. 2479) was referred to
the Committee on the Judiciary.
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. 2075, Relating to acquisition of a municipal business license,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2075 - "A Bill to amend and reenact §8-13-4 of the Code of West
Virginia, 1931, as amended, relating to a municipal business license; providing a municipality with
two options as to establishing a municipal business license; creating a multipurpose municipal
business license; permitting the municipality to charge a tax for the multipurpose municipal business license,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2075) to the Committee
on Finance was abrogated.
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. 2345, Changing the membership of the PEIA Financial Board,
And reports the same back with the recommendation that it 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 (H. B. 2345) to the Committee on
Government Organization was abrogated.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2649 - "A Bill to amend and reenact §5A-7-11 of the Code of West Virginia, 1931,
as amended, relating to confidential records"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2650 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931,
as amended, relating to eliminating the sales tax on food effective July 1, 2009"; to the Committee
on Finance.
By Delegates Boggs, Lane, Sobonya and Ellem:
H. B. 2651 - "A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9; and to
amend said code by adding thereto a new section, designated §16-2F-8a, all relating to parental
notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring
proof of age prior to an abortion; providing for substitute notification in certain instances; modifying
physician reporting requirements; providing for criminal penalties; providing for preservation of fetal
tissue in instances of sexual assault; and providing for severability"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegates Overington, J. Miller and Andes:
H. B. 2652 - "A Bill to repeal the Code of West Virginia, 1931, as amended, and to adopt
in lieu thereof, the Code of the Commonwealth of Virginia; and, providing that constitutional
conflicts that may arise by the adoption of said code shall be addressed at the time they are
identified"; to the Committee on the Judiciary.
By Delegates Moye, Rodighiero, M. Poling Barker, Staggers, Stephens and Ennis:
H. B. 2653 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-5-19a, relating to exempting disabled veterans from
campground rental fees from the day after Labor Day until four days prior to Memorial Day"; to the
Committee on Natural Resources then Finance.
By Delegates Armstead, Carmichael, Sobonya, C. Miller, Sumner, Border and Ellem:
H. B. 2654 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-22-30, relating to prohibiting the lottery from using minors
in advertising during school hours"; to the Committee on the Judiciary.
By Delegates Armstead, Sobonya, Carmichael, Ireland, Andes, Sumner and C. Miller:
H. B. 2655 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as
amended, relating to abolishing the business franchise tax starting July 1, 2011"; to the Committee on Finance.
By Delegates Sobonya, Longstreth, Sumner, Rowan, C. Miller and Reynolds:
H. B. 2656 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as
amended, relating to the Sex Offender Registration Act; and requiring persons incarcerated for sex
offenses to register as such at the time they are incarcerated"; to the Committee on the Judiciary.
By Delegates T. Campbell, Crosier, Canterbury, J. Miller and Moye:
H. B. 2657 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the
West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction;
and remedies"; to the Committee on the Judiciary.
By Delegates Williams, Shaver, Perry, Michael, Hartman and Sumner:
H. B. 2658 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-14C-5a, relating to reducing the wholesale tax on heating fuel,
off-road fuels, kerosene and propane used for home heating purposes or off-road use to 4.85 percent;
and effective date"; to the Committee on Agriculture then Finance.
By Delegates Sobonya, Hamilton, C. Miller, Overington, Evans and Canterbury:
H. B. 2659 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting the first $20,000 of state pensions and social security benefits
from West Virginia personal income tax"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Ennis and Caputo:
H. B. 2660 - "A Bill to amend and reenact §29-3-24 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §61-7-11a of said code, all relating to allowing fireworks
displays on public school property upon approval of the State Superintendent of Schools and the
State Fire Marshal"; to the Committee on Education.
By Delegates C. Miller, Ashley, Sumner, Carmichael and Sobonya:
H. B. 2661 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as
amended, relating to reducing the corporate net income tax rate to five point nine percent effective
July 1, 2011"; to the Committee on Finance.
By Delegates Moye, Sumner, Stephens and Rodighiero:
H. B. 2662 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to exempting existing churches from paying tax on propane and other forms of
heating oil used for heating their church buildings"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Moye, T. Campbell, Manchin, Shaver, Stephens, Barker, M. Poling and
Doyle:
H. B. 2663 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to requiring at least one commissioner be present before a hearing may be
conducted on public utility matters that require a public hearing before the commissioners of the
Public Service Commission; and deleting obsolete language"; to the Committee on the Judiciary.
By Delegates Moye, Barker, M. Poling, Campbell and D. Poling:
H. B. 2664 - "A Bill to amend and reenact §21-1B-2 and §21-1B-3 of the Code of West
Virginia, 1931, as amended, all relating to verifying legal employment status of workers; providing
new definitions; requiring employers to register with and utilize the electronic verification of work
authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of
1996, Public Law 104-208, Division C, Section 403(a); 8 U.S.C. Section 1324a, and operated by the
United States Department of Homeland Security, known as the E-Verify Program; and providing
dates by which employers are to meet the verification requirements"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Moye, Staggers, Manchin, T. Campbell and Miley:
H. B. 2665 - "A Bill to amend and reenact §8-6-1, §8-6-2, §8-6-3, §8-6-4, §8-6-5 and §8-6-6
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-6-7, all relating to annexation generally; fixing antiquated language; and
granting circuit court review of county commission decisions"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegates Moye, Rodighiero and Walker:
H. B. 2666 - "A Bill to repeal §5F-2-7 of the Code of West Virginia, 1931, as amended,
relating to repealing the authority to involuntary transfer employees"; to the Committee on
Government Organization then the Judiciary.
By Delegates Moye, Staggers, Manchin, Shaver, Stephens, Barker and Doyle:
H. B. 2667 - "A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as
amended, relating to the Public Employees Insurance Agency Finance Board; changing the board's
composition; requiring a quorum of five members to be present at any public hearing conducted by
the board; and making stylistic and technical changes"; to the Committee on Government
Organization.
By Delegates Sobonya, Reynolds, Rodighiero, C. Miller and Staggers:
H. B. 2668 - "A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as
amended, relating to health care records; and requiring the release of a minor's medical records for
drug testing to natural parent or legal guardian"; to the Committee on Health and Human Resources
then the Judiciary.
By Delegates Iaquinta and Hartman:
H. B. 2669 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931,
as amended, relating to persons who do not qualify for professional certificates who are issued
certificates to serve in the public schools as athletic coaches or other extracurricular activities
coaches; and removing certain limitations on this service when certain conditions are met"; to the
Committee on Education.
By Delegates Sobonya, Sumner, Reynolds, Rowan, Moore, Morgan and C. Miller:
H. B. 2670 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for driving under the influence causing death"; to the
Committee on the Judiciary.
By Delegates Duke and Overington:
H. B. 2671 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for
qualified health insurance policies provided by corporate employers to employees"; to the Committee
on Banking and Insurance then Finance.
By Delegates Duke, J. Miller, Overington and Doyle:
H. B. 2672 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931,
as amended, relating to providing for a ten percent cap on any increase in one year for periodic
valuations and assessments of real and personal property"; to the Committee on the Judiciary then
Finance.
By Delegates J. Miller, Ireland, Canterbury and Walters:
H. B. 2673 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-9a, relating to preparing the youth of West Virginia to
succeed in life by providing them with an understanding of macroeconomics; and directing the State
Board of Education to develop a program of instruction on macroeconomics, emphasizing the basic
principles of capitalism"; to the Committee on Education then Finance.
By Delegates Iaquinta, Brown, Hartman, Crosier, Ireland, Talbott, Longstreth and
Azinger:
H. B. 2674 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to allowing a disabled veteran one additional license plate"; to the Committee
on Roads and Transportation then Finance.
By Delegates Caputo and Rodighiero:
H. B. 2675 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7, §29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17,
§29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26, §29-9-
27 and §29-9-28, all relating to the public school employment relations act; stating legislative policy
and purpose; defining certain terms; establishing a West Virginia public school employment relations
board; providing for the composition of the board, the terms of its members, and the qualifications
of the members; providing for the terms of the original appointees and the method of filling
vacancies; limiting eligibility of board members for reappointment; requiring an oath of office and
establishing a method of removal of board members; establishing procedural rules for meetings and
requiring a quorum; providing for the payment of per diem and expenses for attendance by board
members; providing for the organization of the board, the powers and duties of the board, the
employment of staff and the location of offices; granting authority to the board to promulgate rules;
defining employee and employer rights; providing for the election of exclusive representatives by
public school employees; establishing criteria for determining the appropriateness of an employee
unit for purposes of collective bargaining; establishing procedures for representation elections and
decertification of certified representatives; establishing the scope of bargaining subjects as to which
agreement may be reached; providing for written agreements; providing that all written agreements
involving costs are subject to appropriations by the appropriate legislative or governing body;
limiting the duration of agreements to three years; providing for mediation and arbitration to resolve
impasses in bargaining; prohibiting strikes by public school employees; providing remedies for
prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair
share fee payments and protections for fee payors; requiring financial reports, public records and lists
of employee organizations and exclusive representatives; and setting forth when the article shall take
precedence and when it shall be inoperative"; to the Committee on Education.
By Delegates Perry, T. Campbell, Boggs, Williams, Mahan and Sumner:
H. B. 2676 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-16A-6a, relating to exempting county school boards of education school buses from paying tolls for transit over the West Virginia Turnpike or any
parkways authority project"; to the Committee on Finance.
By Delegates Sobonya, Moore, Rowan, C. Miller, Reynolds and Ellem:
H. B. 2677 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional
jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that
it is shared by the county, state and municipality wherein the alleged criminal act occurred; and
making the cost of incarcerating a person for less than twenty-four hours one-half the amount
charged for incarcerating an inmate for a full day"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Moye, C. Miller and Reynolds:
H. B. 2678 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across
state lines to obtain an abortion without written consent by both parents; and providing for a
penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sobonya, Reynolds and C. Miller:
H. B. 2679 - "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931,
as amended, relating to increasing criminal penalties for failing to report child abuse"; to the
Committee on the Judiciary.
By Delegates Sobonya, Rowan, C. Miller and Reynolds:
H. B. 2680 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-2-15, relating to prohibiting school employees from
counseling, referring, transporting or assisting any student to obtain an abortion; providing a
violation of the section is a misdemeanor; and providing that nothing in the section may be construed
as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, D. Poling, Crosier, Paxton and Manchin:
H. B. 2681 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-2-53, relating to the waiver or reimbursement of
tuition and fees for members of the West Virginia State Police attending institutions of higher
education"; to the Committee on Education then Finance.
By Delegates Caputo and D. Poling:
H. B. 2682 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time
when they are required to be on standby to be called back to work"; to the Committee on Finance.
By Delegates Evans, Rowan, Canterbury, Staggers, Doyle and Azinger:
H. B. 2683 - "A Bill to amend and reenact §16-29G-2 of the Code of West Virginia, 1931,
as amended, relating to increasing the representation on the Health Information Network Board ";
to the Committee on Agriculture then Finance.
By Delegate Rodighiero:
H. B. 2684 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8-15-8b of said code, all relating to permitting members of
volunteer fire departments to participate in the state's public employees insurance plan; adding to
the definitions of employer and employee; and authorizing the payment of the costs of the insurance
coverage"; to the Committee on Banking and Insurance then Finance.
By Delegates Perdue, Carmichael and Armstead:
H. B. 2685 - "A Bill to amend and reenact §11-11-38 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §11-15-9 of said code, all relating to estate taxes and the
consumers sales and service tax; and providing exemptions therefrom when an infant dies before
reaching one year of age"; to the Committee on Finance.
By Delegates Craig, Michael and Azinger:
H. B. 2686 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6,
§55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to creating the 'Asbestos and Silica Compensation Fairness Act of 2011'; providing limitations for certain asbestos claims; judicial
actions involving silica and asbestos exposure; and providing for fair and efficient judicial
consideration of personal injury and wrongful death arising out of asbestos or silica exposure and
ensuring individuals who suffer impairment now or in the future for illnesses caused by exposure
to asbestos or silica receiving compensation for their injuries"; to the Committee on the Judiciary.
By Delegate Rodighiero:
H. B. 2687 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to
obtain parental notification or consent in writing by the parent or by a notarized parental notification
or consent form; and providing penalties"; to the Committee on the Judiciary.
By Delegates Caputo, Mahan, Boggs, Longstreth, Fragale and Barker:
H. B. 2688 - "A Bill to amend and reenact §22B-4-1 of the Code of West Virginia, 1931,
as amended, relating to increasing the number of appointments to the Surface Mine Board by one
member; and requiring that the additional member is appointed from a list submitted by the major
union representing coal miners to represent the view point of the working miners"; to the Committee
on Energy, Industry and Labor, Economic Development and Small Business then Government
Organization.
By Delegates Sobonya, Sumner, Longstreth, Moore, Reynolds, C. Miller ad Rowan:
H. B. 2689 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §25-1-1b, relating to requiring the Commissioner of Corrections
to keep track of repeat offenses committed by persons convicted of sexual offenses against children";
to the Committee on Government Organization then the Judiciary.
By Delegates Wells, Hatfield and Guthrie:
H. B. 2690 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931,
as amended, relating to reverting the 911 fee on wireless telephones from $3 to 75¢; and reverting
the distribution formula for 911 fees to a pro rata share of total fee revenues"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By request of the Executive]:
H. B. 2691 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §21A-8-1 and §21A-8-10 of said code, all relating to
maintaining solvency of the Unemployment Compensation Fund; providing a mechanism for the
Governor to borrow funds from the Revenue Shortfall Reserve Fund and deposit those funds into
the Unemployment Compensation Fund if the balance of the Unemployment Compensation Fund
drops below $20 million; providing that no amount borrowed shall exceed $20 million; and
providing for repayment of any outstanding loans from the Revenue Shortfall Reserve Fund"; to the
Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By request of the Executive]:
H. B. 2692 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of federal adjusted gross income and certain other terms
used in the West Virginia Personal Income Tax Act; and providing effective dates"; to the
Committee on Finance.
By Delegates Fleischauer, Ellem, Overington, Hunt, Skaff, Lane and Rodighiero:
H. B. 2693 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia,
1931, as amended; and to amend and reenact §33-16-3a of said code, all relating to requiring
insurance coverage for autism spectrum disorders"; to the Committee on the Judiciary then Finance.
By Delegates Moore, Guthrie, Lawrence, Marshall, Stephens and Caputo:
H. B. 2694 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert
Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing
for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund"; to the Committee
on Finance.
House Calendar
First Reading
Com. Sub. for H. B. 2370, Removing the Commissioner of the Bureau for Public Health
from professional licensure boards; on first reading, coming up in regular order, was read a first time
and ordered to second reading.
Remarks of Members
Delegate Fleischauer addressed the House concerning a bill introduced today, H. B. 2693,
Requiring insurance coverage for autism spectrum disorders, and at the conclusion of her remarks,
Delegate Hunt asked and obtained unanimous consent that they be printed in the Appendix to the
Journal.
At 11:35 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 21,
2011.