__________*__________
Wednesday, January 26, 2011
FIFTEENTH 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 Tuesday, January 25, 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
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Overington, Householder, Andes, Savilla, Cowles, J. Miller and Gearheart:
H. J. R. 30 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article III thereof, by adding thereto a new section, designated section 23 relating to the
right to work; numbering and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment"; to the Committee on Constitutional
Revision then the Judiciary.
Delegates Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker, Boggs, Border,
Brown, Butcher, Cann, Canterbury, Carmichael, Cowles, Craig, Crosier, Duke, Ellem, Ellington,
Ennis, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Guthrie, Hall, Hamilton,
Hartman, Hatfield, Householder, Howell, Iaquinta, Ireland, Jones, Lane, Lawrence, Longstreth,
Mahan, Manchin, Manypenny, Marshall, Martin, C. Miller, Moore, Morgan, Nelson, O'Neal,
Overington, Pasdon, Paxton, Perry, Pethtel, R. Phillips, Pino, D. Poling, Poore, Romine, Rowan,
Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers,
Sumner, Talbott, Varner, Walker, Walters, White and Williams offered the following resolution,
which was read by the Clerk as follows:
H. R. 10 - "Recognizing the statewide contributions of the Clay Center for the Arts and
Sciences of West Virginia."
Whereas, The Clay Center opened its doors on July 13, 2003 as one of only three venues
in the country to combine science, visual and performing arts in one facility; and
Whereas, The Clay Center generates more than $1.2 million in state and local government
revenue; and
Whereas, The Clay Center's Avampato Discovery Museum is West Virginia's only interactive science museum; and
Whereas, The Clay Center's Juliet Museum of Art is one of just four public museums in
the West Virginia with a permanent art collection; and
Whereas, More than fifty thousand students from fifty West Virginia counties and twenty-
one counties in surrounding states have benefitted from the Clay Center's science and art programs;
and
Whereas, More than six hundred fifty West Virginia students have received free instruments
and music lessons through the Clay Community Arts program; and
Whereas, Through physical outreach presentations and virtual distance learning programs,
close to three thousand students from across the state have visited the Clay Center without ever
leaving the classroom; and
Whereas, Board certified and master's level teachers develop curriculum for Clay Center
performances, exhibits and programs; and
Whereas, Through the Access to Excitement program, more than sixty low-income families
receive discounted memberships to the Clay Center, enabling parents to provide their children with
engaging, educational experiences; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby honors the Clay Center for the Arts and Sciences of West
Virginia on January 26, 2011; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of West Virginia to join in recognizing the Clay Center for the Arts and
Sciences of West Virginia and its contributions to our State; and, be it
Further Resolved, The Clerk of the House of Delegates is hereby requested to forward a copy
of this resolution to the Clay Center of the Arts and Sciences of West Virginia.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 10) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Delegates Brown, D. Campbell, Fleischauer, Guthrie, Hatfield, Lawrence, Longstreth,
Mahan, Marshall, C. Miller, Pasdon, L. Phillips, M. Poling, Poore, Rowan, Smith, Sobonya,
Staggers, Storch and Sumner offered the following resolution, which was read by the Clerk as
follows:
H. R. 11 - "Designating January 26, 2011, as 'Women's Day' in West Virginia."
Whereas, Women comprise fifty-two percent of the population of the State of West
Virginia; and
Whereas, The State is thankful and proud of the accomplishments and achievements of
West Virginia's women; and
Whereas, Women in their roles as workers, leaders, mothers, friends, caretakers, daughters,
activists, politicians, sisters and wives make enormous contributions to their families and local
communities while also contributing to the general well-being and betterment of the State as a
whole; and
Whereas, The women of West Virginia are gathered today at the Legislature to celebrate
their achievements and to draw additional attention to the continued need for work on equity issues
such as workplace equity, legal equity and social equity; therefore, be it
Resolved by the West Virginia House of Delegates:
That January 26, 2011, is hereby declared as Women's Day in West Virginia and all citizens
are urged to celebrate the enormous contributions of women to the success of the State; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the West Virginia Women's Commission.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
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. 2787, Transferring licensure for private security services from the Secretary of State
to the Division of Criminal Justice Services,
And,
H. B. 2804, Removing outdated sunset language,
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. 2787 and H. B. 2804)
were each 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. 2636, Osteopathy, physician assistants,
And,
H. B. 2637, Osteopathy, fees,
And reports the same back with the recommendation that they each do pass, 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. 2636 and H. B. 2637)
were each referred to the Committee on the Judiciary.
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. 2558, Establishing the Office of Child Advocacy,
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. 2558) 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. 2693, Requiring insurance coverage for autism spectrum disorders,
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. 2693) 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. 2551, Relating generally to estates and trusts and their administration,
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 Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2551) to the Committee on Finance
was abrogated.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the
House of Delegates to the amendment of the Senate, and the passage, as amended, to take effect from
passage, of
H. B. 2001, Providing that inmates serving life sentences shall be considered for parole only
once every three years.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson
[By Request of the Executive]:
H. B. 2852 - "A Bill to amend and reenact §7-11B-3, §7-11B-4, §7-11B-7, §7-11B-8, §7-
11B-9, §7-11B-10, §7-11B-17, and §7-11B-22 of the Code of West Virginia, 1931, as amended, all
relating to the West Virginia Tax Increment Financing Act; revising definitions relating to governing
bodies of counties and municipalities; adding definition for municipality; adding remediation of
property to definition of development or redevelopment project; redefining project costs to include
remediation costs for landfills, former coal mining sites, solid waste facilities or hazardous waste
sites; defining remediation; requiring the Director of the Development Office to provide the
Legislature with an itemized list of applications development and redevelopment districts along with
a status explanation of applications on dates certain; clarifying municipalities' power to utilize tax
increment financing and to finance project costs by other means; clarifying that municipalities are
not required to seek approval when amending project plans if the project is not enlarged or the total
amount of indebtedness increased; providing that development or redevelopment districts shall not
be terminated so long as tax increment financing obligations remain outstanding; clarifying the time
when bonds may be refunded or refinanced and when refunding bonds may be issued in principal
amounts; and providing technical corrections"; to the Committee on Political Subdivisions then
Finance.
By Mr. Speaker, Mr. Thompson and Armstead
[By Request of the Executive]:
H. B. 2853 - "A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as
amended, relating to filling a vacancy in the office of Governor; revising contingencies creating a
vacancy in the office of Governor to comport with the West Virginia Constitution; providing that
new elections to fill a vacancy in the office of Governor shall consist of special primary and special general elections; providing that the new election to fill a vacancy shall occur at a time to allow a
newly elected individual to assume office within one year of the date the vacancy occurred;
providing that provisions relating to special general election do not affect political party creation;
prescribing time frames for when new election must take place, including special primary election
to nominate candidates to be voted for at a special general election; providing the time frame for the
person acting as Governor to issue proclamations to set the new election; removing provision
requiring vacancies to be filled at general elections deemed unconstitutional; requiring person acting
as Governor to issue proclamation to fix date for new election, including date for special primary
election; removing provisions related to utilizing conventions to nominate candidates; requiring the
state to pay costs incurred in connection with a special election to fill a vacancy in the office of
Governor; providing mechanism to fill vacancy in the office of Governor that occurred on November
15, 2010 by utilizing special primary election and special general election; requiring the person
acting as Governor to issue a proclamation setting a special primary election to be held on June 20,
2011 in addition to the new election proclaimed by the person acting as Governor issued January 21,
2011; providing provisions to apply to special primary and special general election to be held in
2011; requiring the proclamations issued by the person acting as Governor to be published in each
county prior to the special primary and special general elections; providing that the provisions of the
law relating to elections shall apply to the special general election and special primary election unless
inconsistent with section; modifying certain statutory time periods relating to declaration of
candidacy; modifying procedures relating to payment of filing fees and drawing of ballot positions;
clarifying the eligibility of certain minors to vote in special primary election; modifying statutory
provisions relating to minimum number of ballots to be printed; providing that polling places shall not be changed except for emergency situations; providing that constitutionally required redistricting
to have no effect until after new election in 2011 is complete; modifying procedures for persons
without party affiliations to nominate candidates for the special general election; authorizing the
Secretary of State to issue administrative orders and to establish procedures and deadlines necessary
to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly
and efficient administration of the new election; providing for the expiration of the provisions
applying to the new election pursuant to the vacancy created on November 15, 2010; and requiring
Secretary of State to report to Joint Committee on Government and Finance and establishing
guidelines for the report"; to the Committee on the Judiciary then Finance.
By Delegates Lawrence, R. Phillips, Skaff and Paxton:
H. B. 2854 - "A Bill to amend and reenact §8-14-6 and §8-14-17 of the Code of West
Virginia, 1931, as amended, all relating to qualifications for appointments or promotions to positions
in paid police departments and to increasing the classes of cities to which these provisions apply by
adding Class III and Class IV cities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Lawrence, Moye, M. Poling, D. Campbell and Swartzmiller:
H. B. 2855 - "A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §11A-1-17 of said code, all relating to providing that the salaries
for certain county officials and employees are minimum salaries; and county sheriffs may receive
additional compensation based on previous years tax collections in that county"; to the Committee
on Political Subdivisions then Finance.
By Delegates Longstreth, Kominar, Skaff and Martin:
H. B. 2856 - "A Bill to amend and reenact §3-3-3 of the Code of West Virginia, 1931, as
amended, relating to reducing the days for early voting in person"; to the Committee on the
Judiciary.
By Delegates Longstreth, Skaff, Kominar and Martin:
H. B. 2857 - "A Bill to amend and reenact §3-3-2a of the Code of West Virginia, 1931, as
amended, relating to requiring voting for at least five consecutive days during the period of early
voting at locations designated in addition to the county courthouse or courthouse annex for early
voting"; to the Committee on the Judiciary.
By Delegates Frazier, Ellem, Ellington, Lane, Ferro, Sumner, Manypenny, Longstreth,
Skaff, Pino and Hunt:
H. B. 2858 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2B-6a; and to amend and reenact §15-2B-11 of said code, all
relating to requiring persons arrested for a felony to submit to a DNA sample; and providing a
procedure for expungement if the felony charge has been dismissed"; to the Committee on the
Judiciary then Finance.
By Delegates Frazier, Poore, Manypenny, Barker, Hunt, Caputo, Pino, Longstreth,
Wells and Moore:
H. B. 2859 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to the Public Service Commission; providing for election of commissioners;
compensation; term of office; prohibiting contributions for election from utilities regulated by the
Public Service Commission; and requiring the Public Service Commission to establish procedures for the removal of any of its commissioners for inactivity, neglect of duty or malfeasance"; to the
Committee on Government Organization then the Judiciary.
By Delegates Mahan, Boggs, Brown, Fleischauer, T. Campbell, Doyle, Cowles, Perdue
and Miley:
H. B. 2860 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated §15-9-5, relating to the authorization of the promulgation of rules by the
Governor's Committee on Crime, Delinquency and Correction; meetings; and the composition of
advisory committee members"; to the Committee on the Judiciary.
By Delegates Martin, Caputo, Ferro and D. Poling
[By Request of the Transportation Department - Division of Highways]:
H. B. 2861 - "A Bill to amend and reenact §17-2D-2 and §17-2D-5 of the Code of West
Virginia, 1931, as amended, all relating to continuing the pilot highway design-build program"; to
the Committee on Government Organization then Finance.
By Delegates Walters, Nelson, Stowers, Kominar, Martin, Lane, White, T. Campbell,
Hartman, Reynolds and Cann:
H. B. 2862 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-13C-17; and to amend said code by adding thereto a new
section, designated §11-24-9d, all relating to a tax deduction allowed for capital expenditures from
the corporate net income tax"; to the Committee on Finance.
By Delegates Pethtel, Givens, Ennis, Canterbury, Duke, Guthrie and D. Poling
[By Request of the Consolidated Public Retirement Board]:
H. B. 2863 - "A Bill to amend and reenact §15-2-31 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §15-2A-11 of said code, all relating to payment of disability
physical and/or mental examinations approved by the Consolidated Public Retirement Board under
the State Police Death, Disability and Retirement plan and the West Virginia State Police Retirement
System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Miley, Lawrence, Ferro, Skaff, Perdue, Brown, Paxton and Stowers:
H. B. 2864 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-14g; and to amend and reenact §61-2-28 of said code, all
relating to the creation of a misdemeanor crime of unlawful restraint called Celena's Law"; to the
Committee on the Judiciary then Finance.
By Delegates Walker, Butcher, Manchin, Moore, Smith, Reynolds, Caputo, Hunt,
Perry, Martin and Perdue:
H. B. 2865 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as
amended, relating to making November 20 'Robert C. Byrd Day', a legal holiday"; to the Committee
on Government Organization then Finance.
By Delegates Howell, Kump, Sigler, Householder, Storch, O'Neal, Snuffer, Savilla,
Gearheart, Ellington and Pasdon:
H. B. 2866 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §1-6-1 and §1-6-2, relating to the display of the United States flag";
to the Committee on the Judiciary.
By Delegates Sumner, Howell, Smith, O'Neal, Sobonya, C. Miller, L. Phillips, Hall and
Frazier:
H. B. 2867 - "A Bill to amend and reenact §15-2B-6 and §15-2B-11 of the Code of West
Virginia, 1931, as amended, all relating to DNA testing of persons arrested for certain offenses,
storing of DNA samples from sexual assault victims and expungement of samples absent a
conviction"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Perry, Moye, Rowan, Guthrie, D. Campbell, T. Campbell,
Walters, Anderson, Sumner and Duke:
H. B. 2868 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as
amended, relating to requiring every county board of education to employ a nurse in each public
school in the county"; to the Committee on Education then Finance.
By Delegates Morgan, Sumner, Brown, Poore, Frazier, Nelson, Snuffer, O'Neal and
Skaff:
H. B. 2869 - "A Bill to amend and reenact §11-13-3f of the Code of West Virginia, 1931,
as amended; to amend and reenact §11-13F-1 of said code; to amend and reenact §11-24-11 of said
code; to amend said code by adding thereto a new section designated §24-2a-5; and to amend and
reenact §24-3-2 of said code; all relating to reduced rates for low-income residential customers of
privately owned water utilities"; to the Committee on Government Organization then Finance.
By Delegates Perry, Staggers, Shaver and Iaquinta:
H. B. 2870 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as
amended, relating to allowing physicians to use electronic signatures for orders for patients care in
or admission to long- term care facilities"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Lawrence and Doyle:
H. B. 2871 - "A Bill to amend and reenact §5B-2-6a of the Code of West Virginia, 1931, as
amended, relating to brownfield economic development districts; and providing that governing
bodies of municipalities and counties have regulatory and oversight authority over these districts";
to the Committee on Political Subdivisions then Finance.
By Delegate Rodighiero:
H. B. 2872 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31-20-27b, relating to providing civil service status for certain
employees of the Regional Jail and Correctional Facility Authority"; to the Committee on
Government Organization then the Judiciary.
By Delegates Miley, T. Campbell, Hamilton and Ellem:
H. B. 2873 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5, §1-7-6 and §1-7-7, all
relating to the freedom of religion of West Virginia; creating the 'West Virginia Religious Freedom
Restoration Act'; short title; legislative findings and purpose; providing definitions; providing for
protection of religion from the government; providing for award of attorney fees and costs to
prevailing plaintiff in action to enforce religious rights; application of article to West Virginia law;
and providing for appeal"; to the Committee on the Judiciary then Finance.
By Delegate Martin:
H. B. 2874 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §25-1-23, relating to creating a pilot program for incarceration and
treating low risk inmates who are disabled or impaired as a result of medical, physical or mental
disease or condition"; to the Committee on the Judiciary then Finance.
By Delegates Martin, Caputo, Ferro and D. Poling
[By Request of the Transportation Department - Division of Highways]:
H. B. 2875 - "A Bill to amend and reenact §17-22-4 of the Code of West Virginia, 1931, as
amended, relating to outdoor advertising signs containing numerical displays composed of lights or
movable components that change no more often than once every twenty-four hours"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Perry, Hartman, Walters, Hall, Reynolds, Ashley and Azinger
[By Request of the Insurance Commission]:
H. B. 2876 - "A Bill to amend and reenact §33-48-7b of the Code of West Virginia, 1931,
as amended, relating to expanding eligibility for subsidies to enrollees in the model health plan for
uninsurable individuals"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Hartman, Walters, Hall, Ashley and Azinger
[By Request of the Insurance Commission]:
H. B. 2877 - "A Bill to amend and reenact §33-27-2, §33-27-2a, §33-27-3, §33-27-4,
§33-27-5, §33-27-6, §33-27-7, §33-27-9, §33-27-11 and §33-27-14 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto two new sections, designated §33-27-3a
and §33-27-6a, all relating to insurance holding company systems; defining terms; excluding certain
investments from determination of adequacy of surplus; requiring notice and other information with
regard to divestiture or acquisition of a controlling interest; changing public hearing requirements;
providing standards for review of acquisition request by commissioner: establishing process for
consolidated hearings; providing standards and procedures for certain acquisitions not otherwise
covered; expanding types of information that may be demanded and reviewed by the commissioner; providing for establishment of supervisory colleges; providing additional confidentiality measures;
and authorizing emergency rules"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Fleischauer, Caputo, Wells, Manypenny, Barker, Moore, Miley
and Ferro:
H. B. 2878 - "A Bill to amend and reenact the Code of West Virginia, 1931, as amended;
by adding thereto a new article, designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5,
§22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13,
§22-6A-14, §22-6A-15, §22-6A-16, §22-6A-17, §22-6A-18, §22-6A-19, §22-6A-20, §22-6A-21,
§22-6A-22, §22-6A-23, §22-6A-24, §22-6A-25, §22-6A-26, §22-6A-27, §22-6A-28, §22-6A-29,
§22-6A-30, §22-6A-31, §22-6A-32, §22-6A-33, §22-6A-34, §22-6A-35, §22-6A-36, §22-6A-37,
§22-6A-38, §22-6A-39, §22-6A-40, §22-6A-41, §22-6A-42, §22-6A-43, §22-6A-44, §22-6A-45,
§22-6A-46 and §22-6A-47, all relating to regulating the construction and operation of gas wells
utilizing hydraulic fracturing and horizontal drilling; providing declaration of public policy and
legislative findings; providing for applicability; defining terms; granting Secretary of Department
of Environmental Protection certain powers and duties; establishing permit requirements and permit
fees; requiring erosion and sediment control plan; providing for a water pollution control permit and
terms and conditions; requiring compliance with other state and federal programs; requiring
department of highways approval of well road access; requiring notice to property owners; providing
for receipt and consideration of comments from affected persons; providing permit application
requirements; establishing erosion and sediment control plan requirements; providing plat survey
requirements; providing opportunity to object to plat design by others with interest in property;
providing for issuance of permit; requiring bond prior to receipt of permit and establishing bonding amounts and conditions for release; establishing well location restrictions and exceptions thereto;
establishing agency requirements for permit issuance; providing notice of permit issuance;
establishing inspection authority and process for notice, opportunity of abatement and enforcement
of violations; providing notice and review process for orders and findings of the secretary; providing
site restoration requirements; establishing well design and casing requirements and for inspections
and approval thereof; providing for protection of water supplies; requiring reporting, monitoring and
recordkeeping of fracturing chemicals; providing surface impoundment and pit requirements;
requiring performance bonds or other security for each well; establishing time-frames and other
conditions relating to reclamation of well sites; providing water management plans for use of water
resources in fracturing process; providing for objections to proposed drilling location; providing for
cement casings around coal seams; requiring wells be plugged upon completion of use, and
establishing notice and processes related thereto; establishing special requirements for plugging
around coal seams; providing for casings to protect fresh water; establishing reporting and
documentation requirements; establishing methods of plugging; establishing notice and other
requirements before entry upon surface lands; providing for notice of surface use and mediation
agreements on surface use; establishing requirements for surface use and compensation agreements;
providing for an appeal process to environmental quality board; establishing special fund for
permitting and permit modification fees; creation of special reclamation fund; creating offenses for
violations of this act and rules promulgated thereunder; providing for declaration of notice to owners
and lessees of coal seams; and preempting local authority to regulate these operations, and providing
exceptions thereto"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson and Armstead
[By Request of the Executive]:
H. B. 2879 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as
amended; to amend and reenact §15-2-5 of said code; to amend and reenact §18A-4-2 and
§18A-4-8a of said code; and to amend and reenact §20-7-1c of said code, all relating to providing
a one-time, nonbase building, supplemental salary increase for all eligible state employees, members
of the West Virginia State Police, teachers, service personnel and conservation officers who are
employed on dates certain; providing the conditions under which and the date the salary supplement
shall be paid; and making technical corrections"; to the Committee on Finance.
House Calendar
Third Reading
H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information
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. 12),
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: T. Campbell, Caputo, Crosier, Doyle, Mahan, Pasdon and
Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2402) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Doyle and Pasdon announced that they were absent when the vote was taken on
the passage of H. B. 2402 ( Roll No. 12) , and had they been present, they would have voted "Yea"
thereon.
Com. Sub. for H. B. 2438, Bringing older contradicting language still remaining in the code
into conformity with §3-2-5 and reestablishing a definition for "independent voter"; 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. 13),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: T. Campbell, Caputo, Crosier, Mahan and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2438) 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. 2475, Including certain records of the Division of Juvenile Services in the exemptions
from disclosure under the Freedom of Information 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. 14),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: T. Campbell, Caputo, Crosier, Mahan and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2474) 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. 2556, Resetting the expiration date of provisions that allow the
employment of retired teachers as substitutes beyond the post-retirement employment limit; 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. 15),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: T. Campbell, Caputo, Crosier, Mahan and Talbott.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2556) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 16), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: T. Campbell, Caputo, Crosier, Mahan and Talbott.
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. 2556) 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.
Second Reading
Com. Sub. for H. B. 2525, Relating to the practice of social work; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
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 H. B. 2517, Allowing Correctional Industries to directly purchase workers'
compensation coverage for inmates,
Com. Sub. for H. B. 2520, Relating to centers for housing young adult offenders,
And,
H. B. 2648, Increasing the faculty senate allotment for classroom teachers and librarians.
Remarks of Members
Delegates Skaff and Poore each addressed the House regarding the Clay Center for the
Performing Arts, and the extreme importance of education in the arts, and at the conclusion of their
remarks, Delegate Hall asked and obtained consent of the House that they be included in the
Appendix to the Journal.
Delegate Lane also addressed the House concerning the special election to fill the vacancy
in the Office of Governor, and at the conclusion of his remarks, Delegate Andes asked and obtained
unanimous consent that they also be included in the Appendix to the Journal.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates T. Campbell, Caputo, Crosier, Mahan and Talbott.
At 11:56 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 27,
2011.