hdj2010-03-01-48
__________*__________
Monday, March 1, 2010
FORTY-EIGHTH 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 Friday, February 26, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Delegate Wells, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 26
th
day of February 2010, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 391), Relating to county board of education members' eligibility.
Resolutions Introduced
Delegates Sobonya, C. Miller, Reynolds and Stephens offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 79 - "Requesting the Division of Highways to name the bridge to the Western
Regional Jail in Barboursville in Cabell County, bridge number 306-26-4.89, as the 'Lt. Ronnie D.
Ferrell Vietnam Veteran, Police Officer, Public Servant Memorial Bridge'."
Whereas, Lieutenant Ronnie D. Ferrell was born on June 22, 1946, in Huntington, the son
of Oscar Ferrell and Harriett Knight Ferrell; and
Whereas, Lieutenant Ferrell grew up in Cabell County and attended the Beverly Hills
Church of Christ in Huntington; and
Whereas, Lieutenant Ferrell enlisted in the U. S. Army in 1966, served in combat in
Vietnam and was promoted to the rank of sergeant before being honorably discharged in 1966; and
Whereas, Lieutenant Ferrell worked as electrician at INCO from 1968 to 2002 and served
as shop steward, United Steel Workers Local 40 from 1990 to 2002; and
Whereas, Lieutenant Ferrell was an officer with the Barboursville Police Department from
1975 to 1986 and attained the rank of lieutenant; and
Whereas, Lieutenant Ferrell was a member of the Board of Directors for the Cabell
Huntington Hospital from 2005 to 2009, was a member of Minerva Lodge No. 13 AF&AM, the
American Legion Post 177 of Barboursville and the VFW Post 9738 of Guyandotte; and
Whereas, Lieutenant Ferrell was instrumental in keeping the names and memories of those
who served their country well by working for many years unofficially with the Legislature to secure
and place plaques on state bridges honoring and commemorating our state residents who served in
the United States Armed Forces; and
Whereas, In his unofficial capacity Lieutenant Ferrell gathered information, performed
research on the state's bridges and our many veterans and arranged for the ceremonies both at the
Legislature, including assisting the presence of family members, and at the bridges themselves; and
Whereas, Lieutenant Ferrell passed away on December 18, 2009 at the Emogene Dolin
Jones Hospice House having been under the care of Dr. Gabriella Ballester; and
Whereas, It is fitting to honor Lieutenant Ferrell for his service to his community, his state, his country and the invaluable service to this Legislature by naming the bridge to the Western
Regional Jail in Barboursville in Cabell County, bridge number 306-26-4.89, as the "Lt. Ronnie D.
Ferrell Vietnam Veteran, Police Officer, Public Servant Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the bridge to the
Western Regional Jail in Barboursville in Cabell County, bridge number 306-26-4.89, as the "Lt.
Ronnie D. Ferrell Vietnam Veteran, Police Officer, Public Servant Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Lt. Ronnie D. Ferrell Vietnam Veteran, Police Officer,
Public Servant Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation, to his wife, Cathy Mace Ferrell, his
son, Ronnie Dale "RD" Ferrell, his daughter, Beth Ingels and her husband Daniel Ingels, his sister,
Charlotte Blake, his grandson, Bryson Ingels, Silas Beam, whom he thought of as a grandson, and
to Dr. Gabriella Ballester and her staff at the Emogene Dolin Jones Hospice House.
Mr. Speaker, Mr. Thompson, and Delegates Boggs, Martin, Shaver, Varner and Williams
offered the following resolution, which was reported by the Clerk:
H. R. 25 - "Designating March 1, 2010, as West Virginia March for Meals Day and the
month of March 2010 as March for Meals Fundraising Month."
Whereas, More than 49,600 West Virginia seniors received services through the Older
Americans Act during Fiscal Year 2009; and
Whereas, Some thirty-five thousand West Virginia seniors received more than 2.5 million
meals during that same period; and
Whereas, These meals were provided in their homes or at county nutrition sites; and
Whereas, Many elderly West Virginians are afforded healthy, nutritious meals along with
daily social interaction via a Senior Nutrition Staff member or volunteer; and
Whereas, Senior nutrition programs, as funded through Title III of the Older American Act,
allow Seniors to remain independent and in their homes or promote socialization at county nutrition
sites; and
Whereas, The Meals on Wheels Association of America partners with county nutrition
programs to provide resources and tools designed to serve West Virginia's elderly population; and
Whereas, Nutritious, USDA-compliant meals are served to seniors in all fifty-five counties
of West Virginia; and
Whereas, Our aging population, both on a national and statewide basis, continues to grow
thus requiring a more skilled and better equipped staff; and
Whereas, 5,735 West Virginia seniors are considered "At Risk" and deal with life-
threatening situations each day; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates March 1, 2010, as "West Virginia March for
Meals Day" and the month of March 2010 as "March for Meals Fundraising Month"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Governor of West Virginia and the West Virginia Director of Senior and
Community Services.
At the request of Delegate Boggs, and by unanimous consent, the resolution (H. R. 25), was
passed over temporarily.
Special Calendar
Third Reading
Com. Sub. for H. B. 4306, Relating to public school support computation of local share; 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. 114),
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: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4306) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken
(Roll No. 115), 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: Argento, Carmichael, Hutchins, Moore and Shook.
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. 4306) takes effect July 1, 2010.
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. 4324, Extending the expiration date of employment of retired teachers
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. 116),
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: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4324) 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. 4436, Providing discretion to schools that make AYP to use
assessments and adopting instructional strategies and programs that promote student learning; 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. 117), 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: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4436) 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. 4652, Establishing a school calendar committee for each county; 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. 118),
and there were--yeas 83, nays 12, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Cowles, Ellem, Ireland, Lane, J. Miller, Porter, Schoen, Shott,
Sobonya and Walters.
Absent And Not Voting: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4652) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken
(Roll No. 119), and there were--yeas 90, nays
5, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, J. Miller, Porter, Schoen and Sobonya.
Absent And Not Voting: Argento, Carmichael, Hutchins, Moore and Shook.
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. 4652) takes effect July 1, 2010.
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. 4038, Imposing a statutory lien on fire insurance proceeds in the event
of a total loss to real property; on third reading, coming up in regular order, with a amendments
pending, was reported by the Clerk.
Amendments heretofore filed with the Clerk and accompanying the bill were as follows:
No. 1. By Delegate Schoen. On page three, line eighteen, following the word
"provisions", by striking out the words "of section one, article ten-e, chapter thirty-eight".
On page four, line twenty-five, following the word "section", by striking out the words "and
with section one, article ten-e, chapter thirty-eight".
On page four, following line thirty, by striking out subsection (c) in its entirety and inserting
in lieu thereof the following:
"(c ) For purposes of this article, the municipality which is the site of any tract of insured real
property shall be a loss payee for the purpose of debris removal and shall, as, a loss payee, be the
entity not a named insured, which is designated on a fire insurance policy contract as being entitled
to a portion of the proceeds of such policy for the limited purpose of debris removal. Such portion
shall in no instance exceed five percent of the total value of the policy. In every instance in which
an insurer notifies an insured of its intent to cancel or not renew a fire insurance contract or policy,
the insurer shall also provide notice to the loss payee of such cancellation and nonrenewal."
And,
On page four, following line thirty-three, by striking out the remainder of the bill.
On the adoption of the amendment, the Speaker put the question and the same did not prevail.
No. 2. By Delegate C. Miller. On page four following line thirty three by inserting the
following new subsection:
"(d) This section shall be subject to termination and sunset, after conduct of performance
audit thereon, pursuant to the provisions of article ten, chapter four of this code, five years after the
effective date of the creation thereof, together with allowance for subsequent periods applicable to
the winding up of ongoing projects initiated under this section. The performance audit shall be filed with the president of the Senate and the speaker of the House of Delegates. The performance audit
required by this subsection shall contain a summary of the impact of the section as initially
established, a summary of all entities utilizing the provisions of this section made during the period
covered by the audit and their experiences with this section, a summary of the effectiveness of the
provisions as of the date of the preparation of the audit; and, an analysis of the total cost of the
program to the public, including its effect upon the banking and insurance industries and upon
consumers generally, with a special attention paid to the increase, if any, on insurance costs to
consumers."
On the adoption of the amendment, the Speaker put the question and the same did not prevail.
There being no further amendments, and having been engrossed, the bill was then read a third
time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 120),
and there were--yeas 71, nays 24, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Cowles, Ellem, Hall,
Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine,
Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4038) 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. 2542, "Jason Flatt Act of 2010 "; 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. 121),
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: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2542) 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. 4161, Creating the Herbert Henderson Office of Minority Affairs; 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. 122),
and there were--yeas 91, nays 4, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes, McGeehan, J. Miller and Porter.
Absent And Not Voting: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4161) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken
(Roll No. 123), and there were--yeas 92, nays
3, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, McGeehan and Porter.
Absent And Not Voting: Argento, Carmichael, Hutchins, Moore and Shook.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4161) takes effect July 1, 2010.
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. 4164, Creating of a pilot program for the placement of children four
to ten years of age in foster care which shall be known as Jacob's Law; 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. 124),
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: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4164) 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. 4207, Making it unlawful to send obscene, anonymous, harassing and
threatening communications by computer, mobile phone, personal digital assistant or other mobile
device; 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. 125),
and there were--yeas 92, nays 3, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Cowles, McGeehan and J. Miller.
Absent And Not Voting: Argento, Carmichael, Hutchins, Moore and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4207) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Miscellaneous Business
Delegate Hall asked and obtained unanimous consent that the remarks of Delegate Phillips
regarding
H. B. 4207, Making it unlawful to send obscene, anonymous, harassing and threatening
communications by computer, mobile phone, personal digital assistant or other mobile device, be
printed in the Appendix to the Journal.
Delegate Kominar noted to the Clerk that he was necessarily absent on February 26, 2010
when the votes were taken on Roll Nos. 90-113, and that had he been present, he would have voted
"Yea" thereon.
At 11:55 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:30 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
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 consideration of a resolution, having
been passed over temporarily in earlier proceedings.
Resolutions
H. R. 25, Designating March 1, 2010, as West Virginia March for Meals Day the month of
March, 2010, as March for Meals Fundraising Month; was then reported by the Clerk.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 25) to a committee was dispensed with, and it was taken up for immediate consideration and
adopted.
Special Calendar
Third Reading
Com. Sub. for H. B. 4211, Providing supplemental funding for providing alternative
programs for limited English proficient students; 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. 126),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Hall, Hutchins, Moore, Susman and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4211) 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. 4534, Increasing the criminal penalty for failing to stop and render aid
after a motor vehicle accident; Erin's Law; 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. 127),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Hall, Hutchins, Moore, Susman and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4534) 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. 4615, Authorizing political subdivisions to establish risk pools to insure
their workers' compensation risks; 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. 128),
and there were--yeas 84, nays 10, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Azinger, Cann, Cowles, Hamilton, McGeehan, Michael, J. Miller, Porter, Schoen and
Walters.
Absent And Not Voting: Argento, Hall, Hutchins, Moore, Susman and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4615) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 129), and there were--yeas 86, nays
8, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Azinger, Cowles, McGeehan, Michael, J. Miller, Porter, Schoen and Walters.
Absent And Not Voting: Argento, Hall, Hutchins, Moore, Susman and Varner.
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. 4615) 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.
Com. Sub. for H. B. 4623, Adding six additional members to the Equal Pay Commission,
three from the House of Delegates and three from the Senate; 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. 130),
and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Andes.
Absent And Not Voting: Argento, Hall, Hutchins, Moore, Susman and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4623) 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. 4646, Relating to corporate political accountability; on third reading,
coming up in regular order, was read a third time.
Delegates Campbell, Cann, Evans, Hamilton, Phillips, Reynolds, Ross, Schoen, Walters and
White requested to be excused from voting on the passage of Com. Sub. for H. B. 4646 under the
provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 131),
and there were--yeas 61, nays 34, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Craig, Duke, Ellem, Evans, Hall, Hamilton, Hartman, Ireland, Lane, McGeehan, Michael,
C. Miller, J. Miller, Overington, Porter, Romine, Ross, Rowan, Schadler, Schoen, Shott, Sobonya,
Sumner and Walters.
Absent And Not Voting: Argento, Hutchins, Moore, Susman and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4646) 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. 4647, Relating to the regulation and control of elections; 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. 132),
and there were--yeas 69, nays 26, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Carmichael, Cowles,
Duke, Evans, Ireland, Lane, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan,
Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Hutchins, Moore, Susman and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4647) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 4373, Eliminating the twelve-month look-back period for certain children who have
had employer sponsored insurance,
Com. Sub. for H. B. 4387, Flexible Leave Act,
Com. Sub. for H. B. 4459, Increasing the time in which a dependent may apply for Workers
Compensation death benefits where occupational pneumoconiosis is determined to be a cause of
death,
Com. Sub. for H. B. 4460, Giving licensed appraisers access to PF-11 and PF-12 forms from
the county assessors office,
And,
Com. Sub. for H. B. 4486, Relating to tax tickets and other required notifications concerning
property taxes.
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 S. B. 89, Relating to reinstating former police chiefs or deputy chiefs to
previously held positions,
Com. Sub. for H. B. 3152, Athletic Trainers Registration Act,
Com. Sub. for H. B. 4130, Creating the West Virginia Supreme Court of Appeals Public
Campaign Financing Pilot Program,
Com. Sub. for H. B. 4141, Transferring licensure for private security services from the
Secretary of State to the Division of Criminal Justice Services,
Com. Sub. for H. B. 4155, Permitting revenues allocated to volunteer and part time fire
departments to be used for Workers' Compensation premiums and length of service awards,
Com. Sub. for H. B. 4167, Creating a special revenue fund, known as the Department of
Health and Human Resources Safety and Treatment Fund,
H. B. 4177, Dedicating five percent of coal severance tax to the county of origin,
Com. Sub. for H. B. 4201, Creating the Livestock Care Standards Board,
Com. Sub. for H. B. 4217, Requiring the West Virginia Enhanced 911 Council to propose
Emergency Medical Dispatch procedures,
Com. Sub. for H. B. 4222, Exempting antique motor vehicles from personal property taxes,
Com. Sub. for H. B. 4260, Relating to insurance adjusters,
Com. Sub. for H. B. 4273, Relating to professional employer organizations,
Com. Sub. for H. B. 4285, Relating to the licensing of residential mortgage brokers, lenders
and loan originators by the Division of Banking,
Com. Sub. for H. B. 4291, Eliminating duplicitous criminal background investigations with
both the West Virginia State Police and the Federal Bureau of Investigation,
Com. Sub. for H. B. 4323, Prohibiting use of turning lanes for through traffic under certain
circumstances,
Com. Sub. for H. B. 4339, Relating to collecting debts through the United States Treasury
Offset Program,
Com. Sub. for H. B. 4349, Updating terms and the process for approval and adoption of
instructional resources in public schools,
Com. Sub. for H. B. 4356, Allowing a nonresident to have an additional ten days to pay his
or her fine before the magistrate court sends notice to the DMV,
Com. Sub. for H. B. 4359, Requiring local labor for public construction projects,
Com. Sub. for H. B. 4374, Caregivers Consent Act,
Com. Sub. for H. B. 4397, Requiring the Superintendent of the State Police to implement
a plan to increase the number of troopers,
Com. Sub. for H. B. 4407, Updating the law regarding the rabies vaccinations of dogs and
cats,
Com. Sub. for H. B. 4425, Developing a pilot program for unlicensed personnel to
administer medication in a nursing home,
H. B. 4444, Authorizing lateral transfers for deputy sheriffs,
Com. Sub. for H. B. 4450, Relating to land surveyors,
H. B. 4485, Increasing the penalties for overtaking and passing a school bus,
Com. Sub. for H. B. 4493, Authorizing rules for the Higher Education Policy Commission
regarding Energy Savings Revolving Loan Fund Program and PROMISE scholarship program,
H. B. 4496, Prohibiting bail bonding companies or bail bond enforcers from providing
fiduciary bonds for estates,
Com. Sub. for H. B. 4504, Adopting the Uniform State Military Code of Justice into West
Virginia law,
Com. Sub. for H. B. 4506, Relating to the revocation of death benefits by divorce,
Com. Sub. for H. B. 4513, Establishing requirements for Marcellus gas well operations use
of water resources,
Com. Sub. for H. B. 4525, Changing the composition, powers and responsibilities of the
board of Coal Mine Health and Safety,
Com. Sub. for H. B. 4527, Limiting the liability of apiary owners and operators,
Com. Sub. for H. B. 4531, Mandating that shackling of pregnant women who are
incarcerated is not allowed except in extraordinary circumstances,
Com. Sub. for H. B. 4541, Authorizing circuit court judges and magistrates to utilize county
or municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days,
Com. Sub. for H. B. 4563, Extending the termination date of the modified mental hygiene
procedures pilot project,
H. B. 4589, Conforming article three of chapter three of the Code of West Virginia, to the
requirements of the Military and Overseas Voter Empowerment Act of 2009,
Com. Sub. for H. B. 4604, Increasing the criminal penalties for persons who obstruct, flee
from or make false statements to law-enforcement officers,
Com. Sub. for H. B. 4630, Relating to refunding of appraisal fees,
H. B. 4634, Defining "spelunking" as a recreational purpose and activity for which a
landowner's liability for injury is limited,
Com. Sub. for H. B. 4665, Relating to special rates for energy intensive industrial consumers
of electric power,
Com. Sub. for H. B. 4667, Requiring the Commissioner of Highways to maintain school bus
turnarounds in the state,
H. B. 4668, Making a supplementary appropriation to the Crime Victims Compensation
Fund, the Department of Education and the Arts - Division of Culture and History, and to the
Department of Environmental Protection,
And,
H. B. 4669, Granting exceptions to certain statutes to innovation zone plans approved by
state board.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4512, Relating to school bus operators,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4512 - "A Bill to amend and reenact §18A-4-8, §18A-4-8a, §18A-4-8b
and §18A-4-8e of the Code of West Virginia, 1931, as amended, all relating to school service
personnel; limiting assignments of director or coordinator of services; requiring school bus
supervisor to be certified to operate a bus; requiring supervisor of transportation and
multiclassification position that includes this title first employed after certain date to have five years
of experience working in transportation department and defining experience; defining itinerant
status, assignments, posting, limit on positions, and exclusions; requiring additional content of
notice of a job vacancy generally and aide classification category specifically; and modifying test
frequency for re-certifying a bus operators,"
And,
H. B. 4666, Establishing a grant program for substance abuse prevention,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4666 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §16-43-1, §16-43-2, §16-43-3 and §16-43-4, all relating
to substance abuse and prevention; creating a special revenue account designated the Prevention,
Intervention, Treatment and Recovery Fund; establishing an Alcohol and Drug Disbursement Board
under the Department of Health and Human Resources; providing for membership on the board;
providing powers and duties; and establishing a grant program for substance abuse and prevention,
intervention, treatment and recovery,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bills (Com.
Sub. for H. B. 4512 and Com. Sub. for H. B. 4666) were each taken up for immediate consideration,
read a first time and ordered to second reading.
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. 4382, Providing for forfeiture of property used in various crimes and the disposition
of such property,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4382 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-
13-6, §61-13-7, §61-13-8, §61-13-9, §61-13-10, §61-13-11, §61-13-12, §61-13-13, §61-13-14, §61-
13-15, §61-13-16, §61-13-17, §61-13-18, §61-13-19, §61-13-21 and §61-13-21 all relating to
establishment of the West Virginia Civil and Criminal Forfeiture Act; civil and criminal forfeiture
proceedings pertaining to property and assets used in, acquired, gained or flowing from gained from
various criminal activities and juvenile offenses; providing definitions; statement of purpose of
forfeitures; property subject to forfeiture; provisional title to property subject to forfeiture; seizure
of property; procedure for forfeiture; seizure and disposition of forfeited and other property; civil
forfeiture action and pretrial hardship release; interference with or diminishing forfeitable property;
providing right to trial by jury; care of property in law-enforcement custody; sale of forfeited
property, application of proceeds and forfeiture funds; and providing exceptions,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub.
for H. B. 4382) was taken up for immediate consideration, read a first time and ordered to second
reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
S. B. 611, Removing location requirement for certain higher education offices.
On motion of Delegate Boggs, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of three from
each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Campbell, Marshall and Anderson.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 12- "A Bill to amend and reenact §16-13D-1, §16-13D-2, §16-13D-6,
§16-13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto six new sections, designated §16-13D-10a, §16-13D-10b, §16-13D-15a, §16-13D-
15b, §16-13D-15c and §16-13D-15d; and to amend and reenact §24-2-3 and §24-2-4b of said code,
all relating to authorizing regional water authorities, regional wastewater authorities and regional
water and wastewater authorities to provide for the joint maintenance of its participating public
agencies; authorizing regional water authorities, regional wastewater authorities and regional water
and wastewater authorities to extend service to unserved customers within its territory; establishing
an ordinance procedure for regional water authorities, regional wastewater authorities and regional
water and wastewater authorities; and permitting regional water authorities, regional wastewater
authorities and regional water and wastewater authorities to purchase or merge with existing public
service district to provide water services"; which was referred to the Committee on Government
Organization then Finance.
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. 336 - "A Bill to amend and reenact §20-2-5a and §20-2-7 of the Code
of West Virginia, 1931, as amended, all relating to forfeiture and restitution by persons causing
injury or death to game, protected species of animal or captive cervids; adding additional
replacement value for antlered deer based upon antler spread; clarifying forfeiture procedures and
costs; and ordering restitution for captive cervids"; which was referred to the Committee on Natural
Resources then Finance.
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. 396 - "A Bill to amend and reenact §17B-2-1a, §17B-2-4 and §17B-2-5a
of the Code of West Virginia, 1931, as amended; and to amend and reenact §17E-1-3, §17E-1-4,
§17E-1-6, §17E-1-12, §17E-1-13 and §17E-1-25 of said code, all relating to the issuance of driver's
licenses; background checks for employees involved in the issuance of driver's licenses; and
updating the criteria for issuance, renewal, disqualification, surrender and maintenance or
commercial driver's license in conformance with federal law"; 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 January 1, 2011,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 398 - "A Bill to amend and reenact §22-15A-22 of the Code of West
Virginia, 1931aamended, relating to prohibiting disposal of certain electronics in landfills"; which
was referred to the Committee on Government Organization 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. 446 - "A Bill to amend and reenact §5-16-13 of the Code of West
Virginia, 1931, as amended, relating to clarifying that surviving spouses and dependents of deceased
public employee may only participate in major medical group plans"; which was referred to the
Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2010,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 471 - "A Bill to amend and reenact §59-1-11 of the Code of West
Virginia, 1931, as amended, relating to increasing the amount circuit clerks may charge for copies
from 50¢ per page to $1 per page"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 483 - "A Bill to amend and reenact §33-25A-5 of the Code of West
Virginia, 1931, as amended, relating to health maintenance organizations; authority to provide a
point of service option; and authority for the Office of the Insurance Commissioner to develop
standards for a point of service option by legislative and emergency rule"; 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. 526 - "A Bill finding and declaring certain claims against the state and its agencies to
be moral obligations of the state; and directing the Auditor to issue warrants for the payment
thereof"; which was referred to the Committee on 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
S. B. 553 - "A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as
amended, relating to the State Teachers Retirement System; and extending the time for certain
members to purchase additional service credit for service in the Teachers' Defined Contribution
Retirement System."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (S. B. 553) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
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. 602 - "A Bill to repeal §11-1B-17 of the Code of West Virginia, 1931, as amended; to
repeal §11-2-11 of said code; to repeal §11-3-10b of said code; to repeal §11-4-9 of said code; to
repeal §11-5-10a of said code; to repeal §11-6-25 of said code; to repeal §11-6D-1, §11-6D-2, §11-
6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to repeal §11-10-24
of said code; to repeal §11-10B-1, §11-10B-2, §11-10B-3, §11-10B-4, §11-10B-5, §11-10B-6, §11-
10B-7 and §11-10B-8 of said code; to repeal §11-10D-12 of said code; to repeal §11-13-29 of said
code; to repeal §11-21-14 and §11-21-15 of said code; to repeal §11-24-9 of said code; and to repeal
§18-7-3 of said code, all relating to repealing outdated and obsolete sections of the tax code."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
bill (S. B. 602) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
Delegate Varner, having been necessarily absent earlier today to attend a funeral, was in
attendance at the latter part of the session, and noted to the Clerk that had he been present, he would
have voted "Yea" on Roll Call Nos. 126, 127, 128, 129, 130, 131 and 132.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Hutchins and Moore.
At 3:47 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 2, 2010.