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House Journal


Day 60 (03-12-2011) - [PDF]
Day 65 (03-17-2011) - [PDF]
Day 64 (03-16-2011) - [PDF]
Day 63 (03-15-2011) - [PDF]
Day 62 (03-14-2011) - [PDF]
Day 61 (03-13-2011) - [PDF]
Day 59 (03-11-2011) - [PDF]
Day 58 (03-10-2011) - [PDF]
Day 57 (03-09-2011) - [PDF]
Day 56 (03-08-2011) - [PDF]
Day 55 (03-07-2011) - [PDF]
Day 52 (03-04-2011) - [PDF]
Day 51 (03-03-2011) - [PDF]
Day 50 (03-02-2011) - [PDF]
Day 49 (03-01-2011) - [PDF]
Day 48 (02-28-2011) - [PDF]
Day 45 (02-25-2011) - [PDF]
Day 44 (02-24-2011) - [PDF]
Day 43 (02-23-2011) - [PDF]
Day 42 (02-22-2011) - [PDF]
Day 41 (02-21-2011) - [PDF]
Day 38 (02-18-2011) - [PDF]
Day 37 (02-17-2011) - [PDF]
Day 35 (02-15-2011) - [PDF]
Day 34 (02-14-2011) - [PDF]
Day 31 (02-11-2011) - [PDF]
Day 30 (02-10-2011) - [PDF]
Day 29 (02-09-2011) - [PDF]
Day 28 (02-08-2011) - [PDF]
Day 27 (02-07-2011) - [PDF]
Day 24 (02-04-2011) - [PDF]
Day 23 (02-03-2011) - [PDF]
Day 22 (02-02-2011) - [PDF]
Day 21 (02-01-2011) - [PDF]
Day 20 (01-31-2011) - [PDF]
Day 17 (01-28-2011) - [PDF]
Day 16 (01-27-2011) - [PDF]
Day 15 (01-26-2011) - [PDF]
Day 14 (01-25-2011) - [PDF]
Day 13 (01-24-2011) - [PDF]
Day 10 (01-21-2011) - [PDF]
Day 09 (01-20-2011) - [PDF]
Day 08 (01-19-2011) - [PDF]
Day 07 (01-18 2011) - [PDF]
Day 06 (01-17 2011) - [PDF]
Day 03 (01-14-2011) - [PDF]
Day 02 (01-13-2011) - [PDF]
Day 01 (01-12-2011) - [PDF]
Day 36 (02-16-2011) - [PDF]
hdj2011-02-01-21


__________*__________




Tuesday, February 1, 2011

TWENTY-FIRST 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 Monday, January 31, 2011, 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. 2853, Providing for a special primary and general election to fill a vacancy in the Office of Governor,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2853 - "A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as amended, relating to filling a vacancy in the office of Governor; revising contingencies creating a vacancy in the office of Governor to comport with the West Virginia Constitution; providing for election of Governor if vacancy occurs within first threes years of term; providing one time new special elections to fill an existing vacancy in the office of Governor; providing requirements for special elections; providing that provisions relating to special general election do not affect political party creation; prescribing time frames for when new election must take place; providing for the person acting as Governor to issue proclamations relating to new elections; requiring the state to pay costs incurred in connection with any special elections; requiring the person acting as Governor to issue a proclamation setting a special primary election; requiring the proclamations issued by the person acting as Governor to be published; providing that the provisions of the law relating to elections shall apply to the special general election and special primary election unless inconsistent; modifying certain statutory time periods relating to declaration of candidacy; modifying procedures relating to payment of filing fees and drawing of ballot positions; clarifying the eligibility of certain minors to vote in special primary election; modifying statutory provisions relating to minimum number of ballots to be printed; providing that polling places shall not be changed except for certain situations; providing that constitutionally required redistricting to have no effect until after new special election in 2011 is complete; modifying procedures for persons without party affiliations to nominate candidates; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines; providing the provisions applying to the new special elections expire; and requiring Secretary of State to report to Joint Committee on Government and Finance,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2853) to the Committee on Finance was abrogated.
At the respective requests of Delegate Caputo, and by unanimous consent, the bill (Com. Sub. for H. B. 2853) was taken up for immediate consideration, read a first time and ordered to second reading.
Delegate Caputo moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 25), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Boggs and Fragale.
So, four fifths of the members present and voting having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
Delegate Carmichael moved to amend the bill on page five, line twelve, after the word "September", by striking out "13" and inserting in lieu thereof "10".
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 26), and there were--yeas 36, nays 62, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Gearheart, Hamilton, Householder, Howell, Ireland, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Boggs and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the amendment was not adopted.
There being no further amendments, the bill was ordered to engrossment and third reading.

Having been engrossed, the bill was then read a third time and put upon its passage.
[Majority Whip Caputo in the Chair]

Mr. Speaker, Mr. Thompson, requested to be excused from voting on the passage of Com. Sub. for H. B. 2853 under the provisions of House Rule 49.
To the request of the Speaker, Delegate Caputo replied as follows:
Delegate Caputo. The Gentleman from the 17th District, Speaker Thompson, requests to be excused from voting on the passage of the bill under the provisions of House Rule 49.
Inasmuch as the Gentleman from the 17th, Speaker Thompson, has declared himself a candidate for the office of Governor, this presents a direct personal interest in the passage of the bill. Under our precedents and practices, and the longstanding interpretation of House Rule 49, the gentleman's interest is clearly of a nature to warrant his request and the Chair's response.
The Gentleman's interest in the passage of the bill is of a direct, personal nature and not as one of a class of persons, and he, therefore, will be excused from voting on the passage and the effective date of Committee Substitute for House Bill 2853.
Delegates Armstead, Lane and Walters also requested to be excused from voting on the passage of Com. Sub. for H. B. 2853 under the provisions of House Rule 49.
To this request, Delegate Caputo then replied as follows:
Delegate Caputo: The request from the Gentlemen poses a different situation than the previous one.
Inasmuch as the Gentlemen have not yet filed the necessary paperwork declaring their intention to be a candidate for the Office of Governor, they are members of a class of persons who simply might run for that office.
The Gentlemen's request affects a class of persons and not themselves directly or personally. Therefore, the Gentlemen will be required to vote.
The Presiding Officer again put the question on the passage of the bill.
On the passage of the bill, the yeas and nays were taken (Roll No. 27), and there were--yeas 97, nays none, excused from voting 1, absent and not voting 2, with the excused from voting and absent and not voting being as follows:
Excused From Voting: Mr. Speaker, Mr. Thompson.
Absent and Not Voting: Boggs and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 2853) passed.
Delegate Varner moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 28), and there were--yeas 97, nays none, excused from voting 1, absent and not voting 2, with the excused from voting and absent and not voting being as follows:
Excused From Voting: Mr. Speaker, Mr. Thompson.
Absent and Not Voting: Boggs and Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Presiding Officer declared the bill (Com. Sub. for H. B. 2853) 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.
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. 2544, Relating to disposition of the remains of a deceased military service member who dies while serving,
And reports the same back with the recommendation that it do pass.
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. 2013, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2013 - "A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to requirements for enhanced emergency telephone systems and county emergency dispatch centers,"
With the recommendation that the committee substitute do pass.
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. 2907, Optometry, injectable pharmaceutical agents certificate,
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. 2907) 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. 2906, Optometry, oral pharmaceutical prescriptive authority,
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. 2906) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2562, Relating to the State Athletic Commission,
And reports back a committee substitute therefor, with a new title, as follows: Com. Sub. for H. B. 2562 - "A Bill to repeal §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-4, §29-5A-5, §29-5A-6, §29-5A-7, §29-5A-8, §29-5A-9, §29-5A-10, §29-5A-11, §29-5A-12, §29-5A-13, §29-5A-14, §29-5A-15, §29-5A-16, §29-5A-17, §29-5A-18, §29-5A-19, §29-5A-20, §29-5A-21, §29-5A-22, §29-5A-23, §29-5A-24, §29-5A-25, §29-5A-25a, and §29-5A-26, of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend and reenact §11B-1-2 of said code; to amend code by adding thereto a new article designated §29-5-1, §29-5-2, §29-5-3, §29-5-4, §29-5-5, §29-5-6, §29-5-7, §29-5-8, §29-5-9, §29-5-10, §29-5-11, §29-5-12, §29-5-13, §29-5-14, §29-5-15, §29-5-16, §29-5-17 and §29-5-18; and to amend and reenact §29-22-5; all relating to the State Athletic Commission; transferring athletic commission to the division of lottery; prohibiting promoting and boxing without a license; prohibiting mixed martial arts without a license; defining terms; providing for commission composition; setting forth the powers and duties of the commission; setting forth rule-making authority; creating a special revenue account; establishing license and permit requirements; establishing renewal requirements; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for actions to enjoin violations; and providing for criminal sanctions,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2562) to the Committee on Finance was abrogated.
Resolutions Introduced

Delegates Overington and Householder offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the Division of Highways to name the bridge near Martinsburg in Berkeley County on Route 45, where it crosses Opequon Creek, bridge number 2-09-17.48, as the 'Simpson Brothers Veterans Bridge'."
Whereas, Clifton E. Simpson, Marvin H. Simpson, Rudolph M. Simpson, Heyward A. Simpson, Earl M. Simpson, Harlan G. Simpson and Norbert B. Simpson were brothers from Berkeley County; and
Whereas, All seven Simpson brothers served in the U.S. Armed Forces; and
Whereas, Clifton E. Simpson joined the Navy in January, 1940, and was at Pearl Harbor on December 7, 1941, and retired from the Navy in 1960; and
Whereas, Marvin H. Simpson joined the Navy in October, 1940, and was at Pearl Harbor on December 7, 1941, and retired from the Navy in 1946; and
Whereas, Rudolph M. Simpson joined the Navy in October, 1940, and was in the invasion of North Africa, was in Iceland when World War II started and retired from the Navy in 1962; and
Whereas, Heyward A. Simpson joined the Navy in 1943; and
Whereas, Norbert B. Simpson served in the United States Army during World War II; and
Whereas, Earl M. Simpson joined the Navy in June, 1948, and was discharged in February, 1950; and
Whereas, Harlan G. Simpson joined the Navy in 1955; and
Whereas, Service to country is a family tradition for the Simpson brothers with five sons and various other family members serving in branches of the Armed Services; and
Whereas, It is fitting to honor Clifton E. Simpson, Marvin H. Simpson, Rudolph M. Simpson, Heyward A. Simpson, Earl M. Simpson, Harlan G. Simpson and Norbert B. Simpson for their service to their community, their state and their country by naming the bridge near Martinsburg in Berkeley County on Route 45 where it crosses Opequon Creek, bridge number 02-09-17.48, as the "Simpson Brothers Veterans Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the bridge in Berkeley County, near Martinsburg, on Route 45 where it crosses Opequon Creek, bridge number 02-09- 17.48, as the "Simpson Brothers Veterans Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge, both east bound and west bound, as the "Simpson Brothers Veterans 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 and to the family members of the Simpson brothers.
Delegate Barker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting that bridge number 03-85/1-0.04 on Route 85 between Madison and Van in Boone County, West Virginia be named the 'Brian Lester Browder Memorial Bridge'."
Whereas, Brian Lester Browder was born on October 16, 1983 to Charley and Reda Browder; and
Whereas, Brian Lester Browder was driving an all terrain vehicle when he struck a tree at the end of the bridge; and
Whereas, Brian Lester Browder died on June 10, 1996 as a result of that accident; and
Whereas, Brian Lester Browder is survived by his parents, Charley and Reda Browder, a brother, Dana Browder and a sister, Heather Browder Dolin; therefore, be it
Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 03-85/1-0.04 on Route 85 between Madison and Van in Boone County, West Virginia the "Brian Lester Browder Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Brian Lester Browder Memorial Bridge"; 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 and Brian Lester Browder's parents, Charley and Reda Browder of Quinland, West Virginia; his brother, Dana Browder of Quinland; and his sister, Heather Browder Dolin of Foster, West Virginia.
Delegates Stowers, R. Phillips, Rodighiero and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting the Division of Highways to rename the bridge located on Route 10 which crosses the Guyandotte River just outside of Ranger, West Virginia, specifically bridge number 3461 the 'Ranger Veteran's Memorial Bridge'."
Whereas, Veterans of the United States Armed Forces have served and protected our great nation in times of war and peace; and
Whereas, By serving their country our Veterans know all too well the true meaning of the quote, "Freedom is never free." Their sacrifice and bravery can never be repaid by those who enjoy the freedoms our soldiers have fought to protect; and
Whereas, While it is a small gesture of our appreciation to those brave men and women that serve, naming a bridge after them will hopefully bring a smile to their faces every time they cross it; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name bridge number 3461 located on Route 10 which crosses the Guyandotte River just outside of Ranger, West Virginia, the "Ranger Veteran's Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Ranger Veteran's 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 Transportation and the Commissioner of the Division of Highways.
Delegates T. Campbell, Canterbury, Crosier and Mahan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Requesting the Division of Highways to name the new bridge in Alderson, West Virginia on Route 3, bridge number 13-3-0.41, as the 'Ensign Melvin G. Livesay Memorial Bridge'."
Whereas, Ensign Melvin G. Livesay was born on June 26, 1921, in West Virginia; and
Whereas, Ensign Melvin G. Livesay was a dive bomber pilot in Air Group Fifteen, attached to the U.S.S. Essex in World War II; and
Whereas, Ensign Melvin G. Livesay was shot down and killed, along with his gunner, on November 11, 1944; and
Whereas, Ensign Melvin G. Livesay was awarded the Navy Cross, the highest award by the Navy, for his actions on October 25, 1944; and
Whereas, Ensign Melvin G. Livesay was awarded the Air Medal for meritorious achievement in aerial flight as a pilot of a dive bomber, for actions against enemy Japanese forces from September 7, 1944 to October 21, 1944; and
Whereas, Ensign Melvin G. Livesay was awarded the Purple Heart; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the new bridge in Alderson, West Virginia on Route 3, bridge number 13-3-0.41, as the "Ensign Melvin G. Livesay 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 "Ensign Melvin G. Livesay 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 and to the family of Ensign Melvin G. Livesay.
Delegates T. Campbell, Mahan, Crosier and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 - "Requesting that bridge number 45-107-0.04 over the Greenbrier River, at the intersection of Route 3 and Route 12, near Hinton in Summers County, West Virginia be named the "Ralph Lewis Boone Memorial Bridge."
Whereas, Ralph Lewis Boone was born on December 6, 1925 in Ronceverte, West Virginia; and
Whereas, Ralph Lewis Boone enlisted in the United States Marine Corps and was a private in First Platoon, "H" Company, 6th Marine Division; and
Whereas, Ralph Lewis Boone arrived in Okinawa on April 1, 1945 and died in action in service to his country on the Ryuku Islands on April 16, 1945; and
Whereas, Ralph Lewis Boone was awarded the Purple Heart, the Presidential Unit Citation Ribbon Bar with Star, the Asiatic-Pacific Campaign Medal, and the World War II Victory Medal; and
Whereas, Ralph Lewis Boone served his country and his state with honor and distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 45-107-0.04 over the Greenbrier River, at the intersection of Route 3 and Route 12, near Hinton in Summers County, West Virginia the "Ralph Lewis Boone Memorial Bridge."; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Ralph Lewis Boone Memorial Bridge"; 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 and the family of Ralph Lewis Boone.
Petitions

Delegates Perry, Staggers and Martin presented a petition on behalf of their constituents, requesting the Department of Highway pave Goose Creek Road in Fayette County; which was referred to the Committee on Roads and Transportation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson

[By Request of the Executive]:
H. B. 2953 - "A Bill to amend and reenact §11-13A-20a of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-15A-16 of said code, all relating to dedication of coalbed methane severance tax proceeds; redirecting coalbed methane severance tax revenues from the Infrastructure Fund to county economic development authorities; requiring moneys deposited in the Infrastructure Fund prior to July 1, 2011, be distributed to county economic development authorities; removing requirement that the Tax Commissioner provide Infrastructure and Jobs Development Council a breakdown of coalbed methane severance taxes paid and amount of coalbed methane produced by each county; providing calculation methods and specifying a minimum share of coalbed methane severance tax revenue be distributed to producing counties in an amount at least equal to the share received by nonproducing counties; providing for portional adjustments and redesignation for counties deemed nonproducing; providing that no distribution of moneys to exceed total amount of coalbed methane severance tax received in any fiscal year; setting forth the purposes for receiving and conditions of expending such funds by county economic development authorities; requiring approval of respective county commissions and the Development Office prior to expending any funds; prohibiting certain expenditures by counties or county economic development authorities; and authorizing and requiring the Development Office to promulgate legislative rules regarding use of funds, including emergency rules"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:
H. B. 2954 - "A Bill to amend and reenact §18-9D-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-9D-19a, all relating to comprehensive middle schools; allowing, upon application by a county board of education, the School Building Authority to allocate and expend certain moneys for school major improvement projects for vocational programs at comprehensive middle schools; providing legislative findings; defining comprehensive middle school; requiring the authority, when planning the construction of a middle or junior high school, to provide funding for comprehensive career technical education facilities to be located, when feasible, on the same site as the middle or junior high school under certain conditions; requiring the authority, upon application of a county board to construct comprehensive career technical education facilities at an existing middle or junior high school, to provide technical assistance to the county in developing a plan for construction of the comprehensive career technical education facility; and requiring, upon development of the plan, the authority to consider funding based on certain criteria"; to the Committee on Education then Finance.
By Delegates Caputo and Barker

[By Request of the Division of Environmental Protection]:
H. B. 2955 - "A Bill to amend and reenact §22-3-7, §22-3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended, all relating to environmental resources; surface coal mining and reclamation act; and fees assessed to coal mining operators by the Division of Mining and Reclamation"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates White and T. Campbell

[By Request of the Tax and Revenue Department]:
H. B. 2956 - "A Bill to amend and reenact §11-24-3b of the Code of West Virginia, 1931, as amended, relating to updating the list of jurisdictions identified as tax havens"; to the Committee on Finance.
By Delegates Kominar and Varner

[By Request of the Division of Energy]:
H. B. 2957 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, relating to requiring new facility projects of public agencies and projects receiving state funds, to be designed and constructed complying with the International Code Council 2009 International Energy Conservation Code and the ANSenior Citizen Issues/ASHRAE/IESNA Standard 90.1-2007"; to the Committee on Government Organization then Finance.
By Delegates Doyle, Swartzmiller, Guthrie and Morgan

[By Request of the Racing Commission]:
H. B. 2958 - "A Bill to amend and reenact §19-23-14 of the Code of West Virginia, 1931, as amended, relating to allowing the West Virginia Racing Commission to use certain permit and registration fees to pay salaries and other budgeted expenses; and clarifying that judges and the Racing Commission may also impose fines"; to the Committee on Government Organization then Finance.
By Delegates Doyle, Swartzmiller, Guthrie and Morgan

[By Request of the Racing Commission]:
H. B. 2959 - "A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to providing additional funds to the West Virginia Racing Commission for its Administration and Promotion Account for the Thoroughbred Development Fund"; to the Committee on Government Organization then Finance.
By Delegates Caputo, Hall, Barker and Ashley:

H. B. 2960 - "A Bill to amend and reenact §22-17-20 of the Code of West Virginia, 1931, as amended, relating to the Underground Storage Tank Administrative Fund and raising from $500,000 to $1 million the balance allowed to be in this fund at the beginning of each year"; to the Committee on the Judiciary then Finance.
By Delegate Rodighiero:

H. B. 2961 - "A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to assessing an additional $10 penalty on all speeding tickets; providing that the additional $10 be divided between the county where the ticket was issued and the county school system for laptop computers for students who do not already have computers; and permitting the school or county board of education to have access to all passwords and to monitor all activity on the computers"; to the Committee on Roads and Transportation then Finance.
By Delegates Perry, Hartman, Moore, Reynolds, Hall, Walters, J. Miller, Azinger and Ashley

[By Request of the Division of Banking]:
H. B. 2962 - "A Bill to amend and reenact §31-17-12 of the Code of West Virginia, 1931, as amended, relating to the Commissioner of Banking's imposition of a fine or penalty on residential mortgage brokers and lenders; increasing the maximum amount of a fine or penalty that may be imposed from $1000 per day to $2000 per day for each violation; providing that each day; excluding Sundays and holidays, that an unlicensed person holds himself or herself out to the general public as a mortgage lender or broker constitutes a separate violation; and removing the need for prior notification from the commissioner before a fine or penalty may be assessed for unlicensed activity"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Perry

[By Request of the Insurance Commission]:
H. B. 2963 - "A Bill to amend and reenact §33-12C-3, §33-12C-5, §33-12C-7 and §33-12C- 8 of the Code of West Virginia, 1931, as amended, all relating to surplus lines insurance; defining terms; providing for compliance with the federal Nonadmitted and Reinsurance Reform Act of 2010; authorizing Insurance Commissioner to enter into multistate agreement regarding taxation of surplus lines insurance; establishing a blended taxation rate with respect to policies involving multistate risks; authorizing participation in clearinghouse for allocation of taxes; specifying disbursement and distribution of moneys; and exempting certain large entities from compliance with due diligence requirements"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Gearheart, Sumner, Frazier, Savilla, Ellington, Hall, Moore and O'Neal:

H. B. 2964 - "A Bill to amend and reenact §17-16A-10 and §17-16A-18 of the Code of West Virginia, 1931, as amended, all relating to eliminating tolls on the West Virginia Turnpike before February 1, 2020; no new bonds may be issued; and providing an exception"; to the Committee on Roads and Transportation then Finance.
By Delegates Ellington, Overington, Howell, C. Miller, Householder, Gearheart, Border, Hall, R. Phillips and Nelson:

H. B. 2965 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24; and to amend said code by adding thereto a new section, designated §9-3-6, all relating to implementing drug testing for legislators of the State of West Virginia and for applicants and recipients of temporary assistance for needy families cash benefits; providing for a substance abuse treatment program; providing for protective or vendor payments to a third-party payee for the benefit of the members of the household; ensuring confidentiality of records"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Boggs, Caputo, Fragale, Morgan and White:

H. B. 2966 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-10-1, §19-10-2, §19-10-3, §19-10-4 and §19-10-5; and to amend and reenact §19-20A-5 of said code, all relating to creating and funding the Spay Neuter Assistance Fund; creating the Spay Neuter Assistance Fund Advisory Board; defining the purposes of the fund; requiring bookkeeping standards and annual reporting; and establishing a rabies vaccination fee which is dedicated to the fund"; to the Committee on Agriculture then Finance.
By Delegates Manypenny, Barill, Barker and Williams:

H. B. 2967 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to providing a personal income tax modification for retirees who are in long-term care facilities who also receive retirement or investment income; and defining a term"; to the Committee on Pensions and Retirement then Finance.
By Delegate Manypenny:

H. B. 2968 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-19-3, relating to soft drinks tax; increasing the tax; and dedicating the increase to construction, maintenance and improvements of state parks"; to the Committee on Finance.
By Delegates Boggs, Caputo, White and Fragale:

H. B. 2969 - "A Bill to amend and reenact §16-9D-6 of the Code of West Virginia, 1931, as amended, relating to enforcement of statutes implementing tobacco master settlement agreement; reporting of information; and the disclosure of the number of stamps by brand name that have been purchased from a nonparticipating tobacco product manufacturer"; to the Committee on the Judiciary.
By Delegates White, Kominar, Craig and T. Campbell:

H. B. 2970 - "A Bill to amend and reenact §11-24-13f of the Code of West Virginia, 1931, as amended, relating to taxation, providing for clarification of the entities to be included in a water's edge group for corporation net income tax purposes"; to the Committee on Finance.
By Delegates White and T. Campbell

[By Request of the Tax and Revenue Department]:
H. B. 2971 - "A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended, relating to the definition of the term 'durable medical equipment'"; to the Committee on Finance.
By Delegates Varner, Kominar, Stowers, White, Cann, Perry, Hall, Ferro, Pethtel, Hartman and R. Phillips:

H. B. 2972 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated, §22-1A-1, §22-1A-2, §22-1A-3 and §22-1A-4, all relating to environmental resources; creating the Intrastate Coal and Use Act; providing a short title; legislative declarations, including constitutional authority for contents of article; definitions; and stating the responsibility of West Virginia Department of Environmental Protection for the permitting process of coal production under current environmental protection legislation and regulation"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Perdue, Marshall, Hatfield and Guthrie:

H. B. 2973 - "A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes and all other tobacco products; establishing a special revenue account; and designating where the additional revenues are to be transferred"; to the Committee on Health and Human Resources then Finance.
By Delegates Fleischauer, Marshall, Barill, Manypenny, Ellem, Staggers, Butcher, Jones, Hatfield and Stephens:

H. B. 2974 - "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 Coopers Rock State Forest from the Division of Forestry to the Division of Natural Resources; and prohibiting the sale of timber from the Coopers Rock State Forest"; to the Committee on Natural Resources then Finance.
By Delegates Martin, Skaff, Stowers, Hall, Wells and Staggers

[By Request of the Division of Motor Vehicles]:
H. B. 2975 - "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as amended, relating to vehicles scraped, compressed, dismantled or destroyed, providing an additional means to notify the division, prescribing form and providing for the use of additional brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates J. Miller and Cowles:

H. B. 2976 - "A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931, as amended, relating to exempting barbers with twenty or more years of experience from continuing education requirements"; to the Committee on Government Organization then the Judiciary.
By Delegates Overington, Carmichael, Border, Ellem, Gearheart, Householder, Lane, Cowles, Azinger and Walters:

H. B. 2977 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to eliminating the sales tax on food effective July 1, 2011"; to the Committee on Finance.
By Delegates Duke, Canterbury, Ashley, Walters, Nelson, Ellington, Howell, Householder, Rowan and Gearheart:

H. B. 2978 - "A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to abolishing the business franchise tax starting July 1, 2011"; to the Committee on Finance.
By Delegates Caputo, Hall and Barker

[By Request of the Division of Environmental Protection]:
H. B. 2979 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-3-33, relating to the award of attorney fees by the Surface Mine Board"; to the Committee on the Judiciary.
By Delegates Kominar, Barker, T. Campbell, Craig, Miley, D. Poling, M. Poling, White, Carmichael and Hamilton:

H. B. 2980 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to permitting property used for charitable purposes with youth service as its primary purpose to be leased or generate revenue for the nonprofit organization for intervals not longer than three weeks and twenty-six weeks total per year to be exempt from taxation"; to the Committee on Finance.
By Delegates Iaquinta, Longstreth, Ashley, Azinger, Givens, Ferro, Smith, Armstead, Pasdon and Fleischauer

[By Request of the Adjutant General's Office]:
H. B. 2981 - "A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to payments for trade certifications and allowing use of tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine program"; to the Committee on Education then Finance.
By Delegates Iaquinta, Longstreth, Pethtel, Rowan, Ferro, Walters, Givens, Jones and Hatfield

[By Request of the Adjutant General's Office]:
H. B. 2982 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1F-12, relating to limiting the liability of military personnel who respond to local emergencies and calls for assistance"; to the Committee on the Judiciary.
By Delegate Perry

[By Request of the Insurance Commission]:
H. B. 2983 - "A Bill to amend and reenact §33-31-1, §33-31-2, §33-31-6, §33-31-7, §33-31- 8, §33-31-10, §33-31-11, §33-31-15, §33-31-16 and §33-31-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-31-16a, all relating to captive insurance; subjecting any captive insurance company organized as a risk retention group to certain insurance code provisions; and correcting technical errors"; to the Committee on Banking and Insurance then the Judiciary.
House Calendar

Third Reading

Com. Sub. for H. B. 2451, Relating to victim impact statements; 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. 29), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Boggs, D. Campbell D. and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2451) 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. 2539, Authorizing the West Virginia State Police to only use the services of the state designated laboratory at the Marshall University Forensic Science Center for certain testing and research; 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. 30), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Householder, Howell, Kump, J. Miller and Walters.
Absent and Not Voting: Boggs, Campbell D. and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2539) 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

Com. Sub. for H. B. 2400, Relating to granting licensed real estate appraisers access to commercial or residential review documents; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2505, Adding synthetic cannabinoids and hallucinogens and stimulants to the Schedule I list of controlled substances; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Miley, the bill was amended on page twenty-three, line two hundred thirty-two, following the semicolon, by inserting the word "and".
On page twenty-three, lines two hundred thirty-five and two hundred thirty-six, by striking out the semicolon, inserting a period, and striking out the words "and
(33) 3,4-methylenedioxypyrovalerone (MPVD)
".
And,
On page twenty-five, line two hundred sixty-three, following the words "and/or mephedrone", by inserting the words "3,4-methylenedioxypyrovalerone (MPVD) and a semicolon.
There being no further amendments, the bill was ordered to engrossment and third reading.
On motion of Delegates Poore, Perdue, Manypenny, Miley and Ellem , the bill was amended on page one, by amending the enacting section to read as follows:
"That §60A-1-101 of the Code of West Virginia, 1931, as amended, be amended and reenacted, that §60A-2-204 of said code be amended and reenacted, and that §60A-4-401 of said code be amended and reenacted, all to read as follows" and a colon.
And,
On page twenty-six, following line two hundred eighty, by inserting the following:
"ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-401. Prohibited acts A; penalties.

(a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
Any person who violates this subsection with respect to:
(i) A controlled substance classified in Schedule I or II, which is a narcotic drug, is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than fifteen years, or fined not more than twenty-five thousand dollars, or both;
(ii) Any other controlled substance classified in Schedule I, II or III is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than fifteen thousand dollars, or both;
(iii) A substance classified in Schedule IV is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than ten thousand dollars, or both;
(iv) A substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, may be confined in jail for not less than six months nor more than one year, or fined not more than five thousand dollars, or both: Provided, That for offenses relating to any substance classified as Schedule V in article ten of this chapter, the penalties established in said article apply.
(b) Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.
Any person who violates this subsection with respect to:
(i) A counterfeit substance classified in Schedule I or II, which is a narcotic drug, is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than fifteen years, or fined not more than twenty-five thousand dollars, or both;
(ii) Any other counterfeit substance classified in Schedule I, II or III is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than fifteen thousand dollars, or both;
(iii) A counterfeit substance classified in Schedule IV is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than ten thousand dollars, or both;
(iv) A counterfeit substance classified in Schedule V is guilty of a misdemeanor and, upon conviction, may be confined in jail for not less than six months nor more than one year, or fined not more than five thousand dollars, or both: Provided, That for offenses relating to any substance classified as Schedule V in article ten of this chapter, the penalties established in said article apply.
(c) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under section four hundred seven of this article, subject to the limitations specified in said section, or upon conviction, such person may be confined in jail not less than ninety days nor more than six months, or fined not more than one thousand dollars, or both: Provided, That notwithstanding any other provision of this act to the contrary, any first offense for possession of Synthetic Cannabinoids as defined by subdivision (32) subsection, (d), section 101, article 1 of this chapter; 3,4-methylenedioxypyrovalerone (MPVD)and 3,4-methylenedioxypyrovalerone and/or mephedrone as defined in subsection (f), section 101, article 1 of this chapter; or less than 15 grams of marijuana, shall be disposed of under said section.
(d) It is unlawful for any person knowingly or intentionally:
(1) To create, distribute or deliver, or possess with intent to distribute or deliver, an imitation controlled substance; or
(2) To create, possess or sell or otherwise transfer any equipment with the intent that such equipment shall be used to apply a trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, upon a counterfeit substance, an imitation controlled substance, or the container or label of a counterfeit substance or an imitation controlled substance.
(3) Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be imprisoned in jail for not less than six months nor more than one year, or fined not more than five thousand dollars, or both. Any person being eighteen years old or more who violates subdivision (1) of this subsection and, in so doing, distributes or delivers an imitation controlled substance to a minor child who is at least three years younger than such person is guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than ten thousand dollars, or both.
(4) The provisions of subdivision (1) of this subsection shall not apply to a practitioner who administers or dispenses a placebo."
Delegates Andes and Armstead asked to be recorded as having voted "Nay" on the foregoing amendment to Com. Sub. for H. B. 2505.
There being no further amendments, the bill was ordered to engrossment and third reading.
Com. Sub. for H. B. 2522, Relating to nursing home administrative appeals; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2550, Interstate Compact on Educational Opportunity for Military Children; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading
H. B. 2697, Updating the record keeping requirements of municipalities; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading
H. B. 2742, Revoking certain death benefits by divorce; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading
Com. Sub. for H. B. 2818, Increasing the allowable expense that may be paid for the clean up of real property damage by a meth lab; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading
H. B. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will cost $25; on second reading, coming up in regular order, was read a second time.
The Clerk announced an amendment, heretofore filed with the bill, by Delegates Gearheart, Kump, Savilla and Howell.
Delegate Caputo then asked and obtained unanimous consent that the bill be advanced to third reading with the foregoing amendment pending.
At the request of Delegate Caputo, and by unanimous consent, the House of Delegates proceeded to consideration of business on the Local Calendar.
Local Calendar

Second Reading

H. B. 2557, Extending the time for the Board of Education of Upshur County to meet as a levying body; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2696, Authorizing the county commission of Boone County to transfer its title and interests in the Boone Memorial Hospital; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Manchin and Lawrence, the bill was amended on page two, section one, line six, by striking out the words "desires to" and inserting in lieu thereof the word "may".
There being no further amendments, the bill was ordered to engrossment and third reading.
House Calendar

First Reading

Com. Sub. for H. B. 2804, Removing outdated sunset language; on first reading, coming up in regular order, was read a first time and ordered to second reading:
Leaves of Absence

At the request of Delegate Caputo, and by unanimous consent, leaves of absence for the day were granted Delegates Boggs and Fragale.
Remarks of Members

Delegate Doyle addressed the House regarding constitutional provisions governing gubernatorial succession and his views relative to possible constitutional solutions therefor, and at the conclusion of his remarks, Delegate Duke asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Miscellaneous Business

Delegate Hamilton announced that he was absent on yesterday when the vote was taken on Roll No. 24 , and that had he been present, he would have voted "Yea" thereon.
Delegate D. Campbell noted to the Clerk that she was absent on today when the votes were taken on Roll Nos. 29 and 30, and that had she been present, s\he would have voted "Yea" thereon.
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 2, 2011.

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