hdj2010-01-15-01
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FRIDAY, JANUARY 15, 2010
THIRD 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 Thursday, January 14, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
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. 4016, Strengthening the Ethics Act financial disclosure filing requirements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4016 - "A Bill to amend and reenact §6B-2-6 and §6B-2-7 of the Code
of West Virginia, 1931, as amended, and to amend and reenact §6B-3-2 of said code, all relating to
the Ethics Act; requiring public servants to disclose additional information on financial disclosure
statements; defining a new term; requiring the ethics commission to give public notice of delinquent
filing of statements; clarifying existing requirements; and prohibiting certain public servants from
becoming a lobbyist during and for a period of one year following state government employment,"
With the recommendation that the committee substitute do pass.
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. 4019, Increasing the maximum cash award the Employee Suggestion Award Board
may make,
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. 4019) was referred to
the Committee on Finance.
Resolutions Introduced
Delegates Armstead, Carmichael, Border, Overington, Anderson, Sumner, Shott and Porter
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 3 - "Creating a Select Committee on Federal Policy Impact."
Resolved by the House of Delegates:
That for the remainder of the 79th Legislature, there is hereby created a Select Committee on Federal Policy Impact, consisting of not more than twelve members of the House of Delegates,
to be appointed by the Speaker. Notwithstanding the provisions of any House Rule to the contrary,
the Select Committee hereby created shall review legislation, receive testimony, evaluate and
recommend action to the Speaker of the House relating to all issues relevant to any legislation
enacted or under consideration by the Congress of the United States and any rulings or actions of
federal agencies that may have an impact on the budget, fiscal, economic or employment matters of
the State of West Virginia, including, but not limited to, evaluating the monetary impact of such
actions or legislation on the state budget, monitoring the potential effect of such actions or legislation
on the workforce and employment outlook of West Virginia, recommending action to the state's
congressional delegation and proposing measures to mitigate any negative impact on the State of
West Virginia of such actions or legislation; and, be it
Further Resolved, That the Rules of the House governing Standing Committees shall govern
the actions and proceedings of this Select Committee insofar as applicable.
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. 4038 - "A Bill to repeal §33-17-9a of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §33-12C-6a; to amend and reenact
§33-17-9b of said code; and to amend said code by adding thereto a new article, designated §38-10E-
1 and §38-10E-2, all relating to imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring insurance companies to notify insured and municipality or
county after determining that a claim involves a total loss to real property; defining terms; requiring
a municipality or county to perfect the lien within thirty days of notice of a total loss determination;
providing for release of the lien upon satisfaction of certain conditions; and authorizing the Insurance
Commissioner to declare surplus lines insurers ineligible for certain violations"; to the Committee
on the Judiciary.
By Delegates Varner and Ferro:
H. B. 4039 - "A Bill to amend and reenact section 3, chapter 171, Acts of the Legislature,
regular session, 1965, relating to increasing the number of persons that may be appointed to the
Marshall County Park and Recreation Board"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4040 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as
amended, relating to requiring county boards to adopt contingency plans designed to guarantee one
hundred eighty separate days of instruction for students; authorizing county boards of education to
select the beginning date and ending date of the instructional term of the school calendar; and
making technical corrections"; to the Committee on Education.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4041 - "A Bill to amend and reenact §18-9D-8 of the Code of West Virginia, 1931,
as amended, relating to authorizing the School Building Authority to issue bonds in the maximum
aggregate amount of $500 million outstanding at any time; and making technical corrections"; to the Committee on Education then Finance.
By Delegates Armstead, Ellem, Lane, Overington, Schadler, Hamilton, Schoen and
Sobonya:
H. B. 4042 - "A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §6B-2-5 of said code; to amend said code by adding thereto a new
section, designated §6B-2-5c; to amend and reenact §6B-2-7 of said code; to amend said code by
adding thereto a new section, designated §6B-2-12; and to amend and reenact §6B-3-2 of said code,
all relating to the definitions relating to ethical standards for elected and appointed officials and public
employees; ethical standards for elected and appointed officials and public employees; payment from
non-public sources; financial disclosure statements; subterfuge to avoid compliance with financial
disclosures; and the registration of lobbyists"; to the Committee on the Judiciary.
Remarks by Members
Delegate Blair addressed the House regarding his proposed legislation dealing with drug
testing for select recipients of government assistance.
Delegates Susman, Boggs and Armstead also addressed the House regarding this issue, and
at the conclusion of their remarks, and unanimous consent having been obtained, it was ordered that
the remarks of Delegates Blair, Susman, Boggs and Armstead be printed in the Appendix to the
Journal.
Delegate Doyle asked and obtained unanimous consent that the remarks of Delegate Perdue
concerning the proposed cost of the national health care legislation being debated in Washington, D.
C., be printed in the Appendix to the Journal.
Miscellaneous Business
The Speaker again recognized Delegate Blair who asked unanimous consent that H. B. 3007,
heretofore erroneously carried over and reintroduced in the House, be withdrawn.
The Speaker then put the unanimous consent request to the House and, in the absence of
objection, H. B. 3007 was withdrawn.
At 11:29 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 18, 2009.
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