__________*__________
Thursday, February 9, 2012
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 Rick
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 8, 2012, 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
Delegate Romine offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 58 - "Requesting the Division of Highways to erect signs at the Tyler County line on WV Route 2, entering from Pleasant County at mile point 0.00, and entering from Wetzel County
at mile point 13.93; and on WV Route 18 entering from Doddridge County at mile point 0.00, that
read "Home of the 2011 FFA Land Judging and Homesite Evaluation National Champions."
Whereas, The 60th Annual 4-H and FFA National Land and Range Judging Contest was
held in Oklahoma City, Oklahoma, May 3-5, 2011; and
Whereas, The Tyler County FFA chapter qualified for the national event by placing among
the top five teams at contests held in West Virginia; and
Whereas, The Tyler County FFA chapter was represented at the 2011 National Land and
Range Judging Contest by George Hilvers, Emily Wells, Ashley Cochran and Ashley Watson, with
the help of Coach Leon Ammons; and
Whereas, National championship titles were awarded to team and individual winners in
each category of Land Judging, Range Judging and Homesite Evaluation, with 93 FFA teams and
347 FFA individual contestants competing; and
Whereas, In Land Judging teams and contestants evaluate the soil for its best agricultural
use, and in Homesite Evaluation they evaluate the soil to determine if it would be a good site to
build a home; and
Whereas, Emily Wells placed ninth individually in both the Land Judging and Homesite
Evaluation contests; and
Whereas, George Hilvers placed tenth individually in the Homesite Evaluation contest; and
Whereas, Together the Tyler County FFA chapter won the National Champions title in both
Land Judging and Homesite Evaluation; and
Whereas, The Tyler County FFA team is only the fourth chapter in the National Land and Range Judging Contest's sixty year history to win double National Champion titles; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to cause to have fabricated signs erected
at the Tyler County line on WV Route 2, entering from Pleasant County at mile point 0.00, and
entering from Wetzel County at mile point 13.93; and on WV Route 18 entering from Doddridge
County at mile point 0.00, that read "Home of the 2011 FFA Land Judging and Homesite Evaluation
National Champions"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the commissioner of the Division of Highways, George Hilvers, Emily Wells, Ashley
Cochran, Ashley Watson and Leon Ammons.
Delegates Duke, Anderson, Ashley, Border, Canterbury, Carmichael, Doyle, Duke, Ellington,
Hamilton, Iaquinta, Ireland, Longstreth, Manchin, Manypenny, Overington, Perdue, Savilla, Sigler,
Snuffer, Sobonya, Storch, Sumner and Williams offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 59 - "Expressing support for improvement in the collection, processing, and
consumption of recyclable materials throughout the State of West Virginia."
Whereas, Maximizing the recycling economy in the State of West Virginia will create and
sustain additional well-paying jobs, further stimulate the economy of the state, save energy, and
conserve valuable natural resources; and
Whereas, Municipal recycling rates in the United States have steadily increased from six
and six tenths percent in 1970 to thirty-four percent in 2010; and
Whereas, Forty-six states, including the State of West Virginia, have laws promoting the recycling of materials that would otherwise be sent to a landfill; and
Whereas, Recycling stimulates the economy and plays an integral role in sustaining
manufacturing in the United States; and
Whereas, In 2010, the United States recycling industry collected, processed, and consumed
over one hundred thirty million metric tons of recyclable material, valued at $77 billion; and
Whereas, In 2010, the recycling industry in the United States sold over forty-four million
metric tons of commodity grade materials, valued at $30 billion, to over one hundred fifty-four
countries; and
Whereas, Using recycled materials in place of raw materials can result in energy savings
of ninety-two percent for aluminum cans, eighty-seven percent for mixed plastics, sixty-three
percent for steel cans, forty-five percent for recycled newspaper, and thirty-four percent for recycled
glass; and
Whereas, A 2011 study titled "More Jobs, Less Pollution: Growing the Recycling Economy
in the U.S.", prepared by Tellus Institute, concluded that nearly 1.5 million more recycling jobs
would be created if the national recycling rate reached seventy-five percent by 2030. The report also
concluded that higher recycling rates produce, in general, ten to twenty times more jobs than land
filling; therefore, be it
Resolved by the Legislature of West Virginia:
That the House expresses support for improvement in the collection, processing, and
consumption of recyclable material throughout the State of West Virginia in order to create well-
paying jobs, foster innovation and investment in the state's recycling infrastructure, and stimulate
the economy of the state; and
That the House expresses support for strengthening the manufacturing base in the State of
West Virginia in order to rebuild the domestic economy, which will increase the supply, demand,
and consumption of recyclable and recycled materials in the State of West Virginia; and
That the House expresses support to the West Virginia Public Service Commission and the
West Virginia Department of Environmental Protection to permit resource recovery facilities in the
state as a means to increase the collection of recyclable materials and the utilization of solid waste
as a resource rather than land filling; and
That the House expresses support for policies in the state that promote recycling of materials
and the use of solid waste as a resource rather than sent to a landfill; and
That the House expresses support for policies in the State of West Virginia that recognize
and promote recyclable materials as essential economic commodities, rather than wastes to be land
filled; and
That the House expresses support for new technologies to more efficiently and effectively
recycle materials; and
That the House recognizes that the recycling industry in the State of West Virginia is a
manufacturing industry that is critical to the future of the State of West Virginia; and, be it
Further Resolved, That the House expresses support for the participation of households,
businesses, waste haulers and governmental entities in the State of West Virginia in recycling and
resource recovery programs, where available.
Delegates Poore, Marshall, Pethtel, Ferro, Varner, Hamilton, Sobonya, C. Miller and Storch
offered the following resolution, which was read by the Clerk as follows:
H. R. 19 - "Designating that the month of May be proclaimed as Sarcoidosis Awareness Month beginning in 2012."
Whereas, Sarcoidosis is an inflammatory disease most commonly affecting people of all
ages and races worldwide. Studies have shown that Sarcoidosis affects young adults of both sexes,
with mores cases in females. The disease occurs at a higher rate among African Americans and
people of European descent; and
Whereas, Many people with Sarcoidosis will experience nonspecific symptoms of fever,
fatigue, weight loss, night sweats and an overall feeling of malaise. These symptoms most often
result in the disease going untreated. The disease most commonly targets the lungs and lymph
nodes, but may occur in the eyes, skin or any other area of the body and it causes the immune system
to attack the body's own tissues; and
Whereas, While progress has been made in understanding Sarcoidosis, the cause is
unknown and it is likely that there may be more than one cause. There is no cure for Sarcoidosis.
Declaring a Sarcoidosis Awareness Month will encourage the citizens of West Virginia to gain a
greater understanding of this disease; and
Whereas, It will bring about awareness to those persons living with the disease and their
families. It will help to educate the physicians and the medical staffs that treat persons with this
disease; and
Whereas, It will encourage support education programs and the funding of research
programs to find a cure; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates the month of May be proclaimed as
Sarcoidosis Awareness Month beginning in 2012.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 19) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
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. R. 14, Amending the Rules of the House of Delegates, relating to removal of name as
joint sponsor of a bill,
H. R. 15, Amending the Rules of the House of Delegates, relating to requiring a Jobs Impact
Statement be attached to proposed legislation affecting employment or taxes in the state,
H. R. 16, Amending the Rules of the House of Delegates by rescinding House Rule 84,
relating to Committee Hearings, and adding thereto a new rule relating to public hearing on bills
introduced,
And,
H. R. 17, Amending the Rules of the House of Delegates relating compelling a committee
to take up a bill,
And reports the same back with the recommendation that they each be rejected.
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 "All-American Rod Thorn Interchange",
H. C. R. 15, The "Technician Fifth Grade Victor A. Osburn Memorial Bridge",
H. C. R. 16, The "Staff Sergeant Cecil Y. Ware Memorial Bridge",
H. C. R. 18, The "Aster C. Adkins Memorial Bridge",
H. C. R. 35, The "Sergeant Larry W. Kinder Memorial Highway",
H. C. R. 37, The "PFC James J. Waters Memorial Bridge",
H. C. R. 39, The "PFC Herbert B. Murphy Memorial Bridge",
H. C. R. 40, The "Norbert E. Eagloski Memorial Bridge",
H. C. R. 50, The "Captain John Hanson McNeill CSA Memorial Bridge",
H. C. R. 52, The "George William Brumfield Memorial Bridge",
H. C. R. 55, The "Walter R. Akers Memorial Intersection",
H. C. R. 56, The "Lucille Stalnaker Bridge",
And,
S. C. R. 12, Requesting DOH name bridge in Cassity, Randolph County, "Major Arnold
James Zirkle Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
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. 7, The "Second Lieutenant Theodore Remington Woo Memorial Bridge",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 7 - "Requesting that bridge number 20-64-53.27wb on Interstate 64 in Kanawha County, West Virginia, be named the 'Second Lieutenant Theodore Remington Woo
Memorial Bridge',"
H. C. R. 21, The "Junior Ellsworth Reed Memorial Bridge",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 21 - "Requesting that bridge number 49-30-10.18 in the community
of Ten Mile, Upshur County, West Virginia, be named the 'Pvt. 1st Class Junior Ellsworth Reed
Memorial Bridge',"
H. C. R. 28, The "L/CPL David Lee Cosner Memorial Bridge",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 28 - "Requesting that bridge number 42-219-41.79, on United States
Route 219 crossing Leading Creek in Randolph County, West Virginia, be named the 'L/CPL David
Lee Cosner Memorial Bridge',"
H. C. R. 38, The "Vietnam Veteran Highway, In Honor of Cpl. Robert Lee Fleck, Sgt. Nile
Dean Shumate, Cpl. Dana Edward Nelson and Cpl. James Charles Crose",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 38 - "Requesting the first half of the Ashford/Nellis Road in Boone
County, West Virginia, beginning at the Boone County Line on Route 1 then proceeding southwest
on Route 1 and ending at the intersection of Route 3 and Route 1, be named the 'Cpl. Robert Lee
Fleck and Sgt. Nile Dean Shumate, Vietnam Veterans Highway' with the second half to be named
the 'Cpl. Dana Edward Nelson and Cpl. James Charles Crose, Vietnam Veterans Highway',"
With the recommendation that the committee substitutes each be adopted.
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. 2793, Defining "spelunking" as a recreational purpose and activity for which a
landowner's liability for injury is limited,
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. 2793) 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. 4256, Relating to captive insurance,
And,
H. B. 4262, Continuing education for insurance producers,
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. 4256 and H. B. 4262)
were each 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. 2887, Requiring health insurance coverage for eosinophilic disorders,
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. 2887) was referred to
the Committee on Finance.
Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4453, Limiting the liability of landowners who make land available for military, law
enforcement or homeland defense training,
And reports the same back, with a title 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. 4453) was referred to
the Committee on the Judiciary.
Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4324, Authorizing the Superintendent of the State Police to provide entry level training
to other law-enforcement officers without charging a fee,
And reports the same back, with a title 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. 4324) was referred to
the Committee on Finance.
Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4433, Providing high school diplomas to veterans of certain wars regardless of whether
they were attending high school before entering the military,
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 Education.
In accordance with the former direction of the Speaker, the bill (H. B. 4433) was referred to
the Committee on Education.
Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4346, Exempting disabled veterans who have suffered a hundred percent total and
permanent service-connected disability from state income tax,
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. 4346) was referred to
the Committee on Finance.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 4319, Modifying the Department of Environmental Protection's requirements to
inventory emissions of greenhouse gases and eliminating unneeded provisions,
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. 4319) 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. 4424, Relating to modified mental hygiene procedures,
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. 4424) 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. 4034, Establishing prohibited acts relating to possession of controlled substances
obtained from more than one health practitioner,
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. 4034) was referred to the Committee on the Judiciary.
Chairman Staggers, 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. 4245, Permitting certain auxiliary lighting on motorcycles,
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. 4245) was referred to
the Committee on the Judiciary.
Chairman Pethtel, 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. 4114, Providing a grace period for volunteer fire companies or departments to comply
with submission of data in order to meet eligibility requirements to receive allocations from
municipal pensions and protection fund,
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. 4114) 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. 4018, Granting licensed real estate appraisers access to commercial or residential
review documents,
H. B. 4312, Removing the requirement that a municipality must pass an ordinance to adopt
a contract with another jurisdiction,
And,
H. B. 4313, Requiring that the building code be the state building code,
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. 4018, H. B. 4312 and
H. B. 4313) 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. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the
railroad station building,
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. 4415) 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. 4294, Repealing the municipality motor vehicle operator's tax,
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. 4294) was referred to
the Committee on Finance.
Chairman Staggers, 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. 4286, Relating to registration plates to state, county, municipal and other governmental
vehicles,
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. 4286) was referred to
the Committee on Finance.
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
S. B. 54 - "A Bill to amend and reenact §16-38-3 and §16-38-7 of the Code of West Virginia,
1931, as amended, all relating to prohibiting minors under the age of sixteen from obtaining a tattoo;
requiring a parent or legal guardian be present at the tattoo studio and provide photo identification
and written consent for minors sixteen years of age or older; and providing for penalties"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 191 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6,
§53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16,
§53-8-17 and §53-8-18, all relating to personal safety orders; confidentiality of proceedings; who
may file a petition; contents of petition; temporary hearing and relief available; contents of temporary
order; respondent's opportunity to be heard; notice to respondent; final hearing and forms of relief;
modification and rescission; appeals; criminal penalties; priority of petitions; fees and costs; service
by law enforcement; rules and forms; limitation on use of information; immunity from liability;
anthe sealing of records"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 222 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §61-5-17a, relating to making it a criminal offense for
any person to intentionally interfere with or prevent an individual from calling for the assistance
oemergency service personnel; defining terms; and establishing penalties"; which was referred to
the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 253 - "A Bill to amend and reenact article 3, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Environmental Protection; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative
rules in the form that the rules were filed in the State Register and as amended by the Legislature;
authorizing certain of the agencies to promulgate certain legislative rules as amended by the
Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule
relating to solid waste management; authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste management system; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to ambient air
quality standards; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to permits for construction and major modification of major stationary
sources for the prevention of significant deterioration of air quality; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to standards of performance for
new stationary sources; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing
the Department of Environmental Protection to promulgate a legislative rule relating to permits for
construction and major modification of major stationary sources which cause or contribute to nonattainment areas; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to the control of air pollution from hazardous waste treatment, storage and
disposal facilities; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to requirements for operating permits; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to emission standards for
hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to determining conformity of general federal actions to applicable
implementation plans; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to the greenhouse gas emissions inventory program; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to the National
Pollutant Discharge Elimination System (NPDES) Program; and authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to voluntary remediation and
redevelopment"; 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. 414 - "A Bill to amend and reenact §29-29-3 of the Code of West Virginia, 1931, as
amended, relating to medical service professionals under the Volunteer for Nonprofit Youth
Organizations Act"; 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
Com. Sub. for S. B. 427 - "A Bill to amend and reenact §25-1A-2 of the Code of West
Virginia, 1931, as amended, relating to administrative remedies for prisoners generally; defining
administrative remedies; bringing law into federal compliance; and requiring that a prisoner first
exhaust such remedies prior to resorting to litigation"; 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
Com. Sub. for S. B. 434 - "A Bill to amend and reenact §38-5-10 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §38-5A-3 of said code, all relating to
proceedings in aid of execution on judgments; and providing that a suggestion and suggestee
execution shall contain the date of birth and last four digits of the Social Security number of the
judgment debtor"; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Ferns, Cann, Fleischauer, Frazier, Hall, Iaquinta, Manchin, Michael,
Miley, Nelson and Poore:
H. B. 4468 - "A Bill to amend and reenact §33-15-14 of the Code of West Virginia, 1931,
as amended, relating to prohibiting insurance companies from discriminating against certain health
care providers"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ellington, Howell, Andes, Overington, Carmichael, Savilla, Ireland, Evans, Sigler and Snuffer:
H. B. 4469 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-1-24, relating to implementing drug testing for legislators of
the State of West Virginia"; to the Committee on the Judiciary then Finance.
By Delegates Walker, Williams, Barill, Pethtel, Brown and Rowan:
H. B. 4470 - "A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §18-5-13 of said code, all relating to the State Board of
Education; multicounty regional educational service agencies and providing that it is not intended
to authorize these agencies to provide services that would displace positions and duties performed
by the county board of education professional or service employees; county board of education
authority generally; providing that county boards of education may not be required to utilize regional
services; and authorizing the employment of certified bus trainers to train prospective candidates for
school bus operator certification"; to the Committee on Education then Finance.
By Delegates Manypenny, Swartzmiller, D. Poling, Caputo, Frazier, Moore, Morgan,
Barill, Moye and Sumner:
H. B. 4471 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as
amended, relating to the controlled substances monitoring generally; permitting specific law-
enforcement officials who are members of federally affiliated drug task forces access to certain
confidential pharmaceutical information to identify unusual prescription drug behavior; requiring
the State Board of Pharmacy to issue reports to certain law-enforcement officials, licensing
authorities and prescribers that identify abnormal prescription practices; establishing an advisory
committee to recommend the parameters of abnormal prescribing patterns and to recommend other actions that could reduce the amount of misuse of prescription drugs; establishing a felony offense
for misusing information from the controlled substance database; requiring the Board of Pharmacy
to implement a real-time database when available and when resources permit; requiring
implementation of the parameters of abnormal prescribing patterns shall be contingent on available
funding; requiring a report to the Legislative Oversight Commission on Health and Human
Resources Accountability; granting rule-making authority; and providing immunity to prescribing
practitioners for certain reporting based on review of patient specific information contained in the
controlled substances monitoring database"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Manypenny, Fleischauer, Barill and Marshall:
H. B. 4472 - "A Bill to amend and reenact §19-1A-3 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §20-1-7 of said code, all relating to Coopers Rock State
Forest; transferring the supervisory and jurisdictional responsibilities of the area of Coopers Rock
State Forest located south of Interstate 68 and the area located north of Interstate 68 known as the
trout pond and its immediate environs from the Division of Forestry to the Division of Natural
Resources; and prohibiting the sale of timber from the area of Coopers Rock State Forest located
south of Interstate 68 and the area located north of Interstate 68 known as the trout pond and its
immediate environs"; to the Committee on Natural Resources then Finance.
By Delegates Armstead, Lane, Householder, Ellem, O'Neal, Walters, Canterbury, C.
Miller, Sumner, Kump and Romine:
H. B. 4473 - "A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931,
as amended, relating to dedicating a portion of natural gas severance tax proceeds; creating the Surplus Natural Gas Severance Tax Fund; redirecting a portion of natural gas severance tax revenues
from the Surplus Natural Gas Severance Tax Fund to county assessors of each county; setting forth
amounts of deposits and distributions; and requiring moneys redirected to county assessors to be
applied to reduce the personal property tax rate applied to certain personal property held or used for
commercial use"; to the Committee on Finance.
By Delegates Hamilton, Stowers, Canterbury, D. Poling, Guthrie, Azinger, Walker,
Evans, Barker, Perry and Shaver:
H. B. 4474 - "A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as
amended, relating to reinstating service credit"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Skaff, Ferns, Lawrence, Reynolds, Hall, Pasdon, Cann, Andes, Varner,
Stowers and Poore:
H. B. 4475 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to establishing a modification reducing federal adjusted gross income for recent
graduates of higher education institutions; providing for the promulgation of rules by the Tax
Commissioner for such purpose; and requiring the Tax Commissioner to report to the Joint
Committee on Government and Finance relating as to the effectiveness of the modification"; to the
Committee on Finance.
By Delegates Armstead, Border, Cowles, Overington, Kump, Anderson, Hamilton,
Azinger, Householder, Ellem and Rowan:
H. B. 4476 - "A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931,
as amended, relating to exemptions from the Freedom of Information Act"; to the Committee on the Judiciary.
By Delegates Staggers, Perry, Barker and Shaver:
H. B. 4477 - "A Bill to amend and reenact §21-15-3, §21-15-7, §21-15-8 and §21-15-9 of
the Code of West Virginia, 1931, as amended, all relating to the zipline and canopy tour
responsibility act; and providing that the inspecting of canopy tours is to be performed by special
inspectors rather than by the Division of Labor"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Duke, Overington, J. Miller, Householder, Kump and Lawrence:
H. B. 4478 - "A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West
Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers
by July 1, 2016; and increasing the salary increase received at the end of two years of service with
the West Virginia State Police to $580"; to the Committee on Finance.
By Delegates Craig, Michael, Andes and Hartman:
H. B. 4479 - "A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as
amended, relating to disbursement where injury is self-inflicted or intentionally caused by the
employer"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegates Morgan, Miley and Poore:
H. B. 4480 - "A Bill to repeal §3-3-3a of the Code of West Virginia 1931, as amended; and
to amend and reenact §3-3-1, 3-3-2, §3-3-2b, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b, §3-3-5c and
§3-3-6 of said code, all relating to voting; removing restrictions on absentee voting; providing for
early in-person voting; providing for electronic applications for registration and ballots; waiving requirements for witnesses when ballot is electronic; clarifying eligibility requirements to register
and to vote; revising provisions to comply with federal election law; and clarifying procedures for
assistance in voting"; to the Committee on the Judiciary then Finance.
Special Calendar
Third Reading
S. B. 469, Relating generally to other post-employment benefits; on third reading, coming
up in regular order, was read a third time.
Delegate Armstead requested that the bill b divided into two portions, specifically separating
the provisions of §5-16-3 from the remainder of the bill.
Whereupon,
The Speaker, upon consultation with the Chief Clerk/Parliamentarian, advised that under the
provisions of Jefferson's Manual, the principles governing a division of the question specifically
prohibit the division of a bill upon passage.
The Speaker then stated the question before the House was on passage of the bill.
On the passage of the bill, the yeas and nays were taken (Roll No. 38), and there were--yeas
83, nays 17, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Gearheart, Householder, Howell, Ireland,
Kump, Lane, C. Miller, J. Miller, Overington, Savilla, Sigler, Snuffer and Sobonya.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 469) passed.
Delegate Boggs moved that the bill take effect from passage.
On this question, the yeas and nays were taken (Roll No. 39), and there were--yeas 87, nays 13, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Cowles, Ellington, Gearheart, Householder, Howell, Kump, J.
Miller, Savilla, Sigler, Snuffer and Sobonya.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 469) takes effect from passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4127, Declaring August 7 as a special memorial day to be known as
Purple Heart Recognition Day; 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. 40),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4127) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4012, Removing the Commissioner of the Bureau for Public Health
from certain boards,
Com. Sub. for H. B. 4101, Authorizing teacher-in-residence programs for certain
prospective teachers in lieu of student teaching,
Com. Sub. for H. B. 4122, Relating to alternative programs for teacher education,
And,
Com. Sub. for H. B. 4422, Relating to crane operator certification.
Miscellaneous Business
Delegate Ferro asked and obtained unanimous consent that the remarks of Delegate Varner
earlier in today's proceedings regarding the passage of S. B. 469, Relating generally to other
post-employment benefits, be printed in the Appendix to the Journal.
At 12:16 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 10, 2012.