hdj2011-02-16-36
__________*__________
Wednesday, February 16, 2011
THIRTY-SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 15, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegate Michael offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 76 - "Requesting the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge number 16-220-0.22, be named
the 'Captain John Hanson McNeill CSA Memorial Bridge'."
Whereas, Captain John Hanson McNeill was the best know native of Hardy County to serve
in the Civil War. The son of Strother and Amy Pugh McNeill, he was born June 12, 1815 about a
mile southeast of the present day bridge that carries State Route 28 across the South Branch of the
Potomac River just North of Moorefield. His father died when he was only three and a half years
old and "Hanse" as he was called by family and friends grew to manhood in the South Branch
Valley. After his marriage to Jemima Harness Cunningham, Captain John Hanson McNeill took
his family West, seeking more land. After several moves he settled in Daviess County Missouri.
There he purchased a five hundred acre farm where he raised the only herd of Shorthorn Durham
cattle in that area. He became a well respected member of the community and was active in the
Methodist Church, becoming a lay minister; and
Whereas, Captain John Hanson McNeill, at the beginning of the Civil War commanded a
company of cavalry and took part in at least four battles in Missouri. His son, George was killed at
Lexington, Missouri and he was severely wounded. Sometime later he and his son Jesse were
captured. They eventually escaped and made their way back to Hardy County where he organized
a company of cavalry that would become known as "McNeill's Rangers". Many men from Hardy
and surrounding counties served in it; and
Whereas, Although officially a part of Colonel John D. Imboden's Northwestern Brigade
they often operated independently and became the scourge of Union supply lines in this area. They
took part in larger campaigns such as Gettysburg, and the Jones-Imboden Raid through West
Virginia. In early August, 1864, Captain John Hanson McNeill advised his commanding officers not to divide forces and camp on both sides of the South Branch near where the present bridge is
located. They ignored him, resulting in the Confederates being surprised and defeated by Union
forces with some of the most intense fighting taking place just downstream from the bridge. This was
known as The Battle of Moorefield and was the largest battle to take place in Hardy County. In an
early morning attack on October 3, 1864, Captain McNeill was wounded in a successful attack on
a Union encampment at Meem's Bottom, Virginia. He died from his wound five weeks later on
November 10, 1864 in Harrisonburg, Virginia. He was first buried there with full Military and
Masonic honors. Several months later his men returned his body to Hardy County for reburial. He
is buried in Olivet Cemetery in Moorefield next to the Monument to Confederate Dead, surrounded
by the graves of other Confederate soldiers; and
Whereas, Captain John Hanson McNeill, the best know native of Hardy County to serve
in the Civil War, is remembered by the community in which he lived by the founding of McNeill's
Rangers, Camp 582, Sons of Confederate Veterans over ten years ago. The camp is active in
honoring Confederate soldiers and preserving history and being civic minded. The camp has been
instrumental in preserving the memory of Confederate soldiers from Hardy County and seeking to
honor Captain John Hanson McNeill with the naming of the bridge North of Moorefield, West
Virginia. It is fitting that in a state, born out of the conflict known alternatively as the Civil War and
the War Between the States, we should remember all of its sons who served and died in and as a
result of that conflict, as we may remember and honor Captain John Hanson McNeill; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge
number 16-220-0.22, be named the "Captain John Hanson McNeill CSA 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 entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Captain John Hanson McNeill CSA
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 to the McNeill's Rangers, Camp
582, Sons of Confederate Veterans.
Delegates Longstreth, Manchin and Caputo offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 77 - "Requesting the Division of Highways to name the bridge located at the new
Fairmont, West Virginia interchange, locally called the 'Gateway Connector', which travels over I-
79 to downtown Fairmont, specifically bridge number 10307 the 'SP5 Lloyd "Buddy" Greene Jr.
Memorial Bridge'."
Whereas, Buddy Greene was born on May 27, 1948, to Lloyd E. Greene Sr. and Bevelyn
Fluharty Greene in Fairmont, West Virginia; and
Whereas, Buddy Greene lived all his life on the hillside of what is now known as the
Gateway Connector in Fairmont; and
Whereas, It was in this East Fairmont community that he attended school, first State Street
School followed by East Fairmont High School where he was a skilled athlete and an honor graduate; and
Whereas, This East Fairmont community is where Buddy made friends, delivered
newspapers, helped others in need and moved his wife there before he left for war, so she would be
surrounded by family; and
Whereas, Buddy was drafted into the Army November 20, 1967, just four months after he
was married; and
Whereas, He received basic training at Fort Bragg, North Carolina and then at Fort Eustis,
Virginia as a crew chief for the maintenance and repair of UH-1 and OH-6A helicopters; and
Whereas, Upon completion of training he was stationed at Nha Trang, South Vietnam; and
Whereas, At the time of his death, buddy was a crew chief with the 201st Aviation
Company, 17th CAG, on an administrative flight to coordinate aviation activities at Khanh Duong,
Boun Ea Yang and the U.S. installations at Ban Me Thout East and Ban Me Thout City Airfields;
and
Whereas, The Greene family had two additional sons that served during the Vietnam War;
and
Whereas, Buddy's mother still resides in the family home surrounded by additional family
members living on the same hillside near the Gateway Connector; 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 10307 located at the new Fairmont, West Virginia interchange, locally called the
"Gateway Connector", which travels over I-79 to downtown Fairmont the "SP5 Lloyd 'Buddy'
Greene Jr. 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 "SP5 Lloyd 'Buddy' Greene Jr. 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, the Commissioner of the Division of Highways, and
surviving family members of Lloyd "Buddy" Greene Jr.
Delegates Hartman and D. Campbell offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 78 - "Requesting the Division of Highways to name bridge number 42-33-23.03,
on US 33 crossing the Cheat River which is about ten miles east of Elkins, West Virginia, the
'Sergeant Robert Dewey Thompson Memorial Bridge'."
Whereas, Robert Dewey Thompson was born on October 10, 1944 to Dewey and Margie
Thompson in Wymer, West Virginia; and
Whereas, Sergeant Thompson entered the service on September 20, 1965 and trained at Fort
Bevens, Massachusetts; and
Whereas, Mr. Thompson achieved the rank of Sergeant in the 196th Light Infantry Brigade;
and
Whereas, Sergeant Thompson tragically died while bravely serving his country on May 23,
1967 as a result of an exploding land mine in Vietnam; and
Whereas, Sergeant Thompson was posthumously awarded the Purple Heart, Bronze Star
and various awards from the South Vietnamese government; 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 42-33-23.03, located on US 33 crossing the Cheat River which is about ten miles east
of Elkins, West Virginia, the "Sergeant Robert Dewey Thompson 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 "Sergeant Robert Dewey Thompson 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, the Commissioner of the Division of Highways, and
the surviving family of Robert Dewey Thompson.
Delegate Walker offered the following resolution, which was read by the Clerk as follows:
H. C. R. 79 - "Requesting that bridge number 8-4/5-2.95 over the Elk River on County Route
4/5 in Clay County, West Virginia be named the 'PFC Abraham G. Sams Memorial Bridge'."
Whereas, Abraham G. Sams was born on November 28, 1925 to Alfred M. Sams and
Fronia M. Sams; and
Whereas, Abraham G. Sams enlisted in the United States Army on March 27, 1944 in Fort
Thomas Newport, Kentucky; and
Whereas, Abraham G. Sams died on December 18, 1944; and
Whereas, Abraham G. Sams was awarded the Purple Heart; and
Whereas, Abraham G. Sams 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 8-4/5-2.95 over
the Elk River on County Route 4/5 in Clay County, West Virginia the "PFC Abraham G. Sams
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 "PFC Abraham G. Sams 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, his great nephew, James Sams and his
great niece, Teresa Lane.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 79) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 4, The "PFC Carl E. Talterson and PFC Joseph W. Sell, Jr. Memorial Bridge",
H. C. R. 5, The "Fletcher Brothers Memorial Bridge",
H. C. R. 9, The "Ronald Lee Fenstermacher Memorial Bridge",
H. C. R. 10, The "Everett 'Bud' Currence Memorial Bridge",
H. C. R. 11, The "Raymon Dale Kesling Memorial Bridge",
H. C. R. 13, The "Delegate Mike Porter Memorial Road",
H. C. R. 14, The "Senator Don Caruth Memorial Road",
And,
H. C. R. 22, The "Delegate Dale F. Riggs Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
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. 3070, Relating to publication of the State Register,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3070) was referred to
the Committee on Finance.
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. 3050, Relating to the practice of dieticians,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3050) was referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3003, Relating to leave of absence for members of the National Guard or Armed
Forces Reserves who are also public officials and employees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3003 - "A Bill to amend and reenact §15-1F-1 of the Code of West
Virginia, 1931, as amended, relating to specifying additional activities for which members of the
National Guard or Armed Forces Reserves who are also public officials and employees are entitled
to a leave of absence; and limiting applicability to permanently employed persons,"
With the recommendation that the committee substitute 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. 3067, Enhancing funding for civil legal services for the poor,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3067) was referred to
the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3038, Clarifying inconsistences in the election code,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3038) was referred to
the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2765, Relating to the retirement plans administered by the West Virginia Consolidated
Public Retirement Board,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2542, Clarifying requirements and procedures for access to cemeteries and grave sites
located on private land,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2542 - "A Bill to amend and reenact §37-13A-1, §37-13A-2 and §37-
13A-5 of the Code of West Virginia, 1931, as amended, all relating to access to cemeteries and grave
sites located on privately owned land generally; allowing access for the purposes of installation of
monuments or grave markers; allowing access to a person who has the written permission of a family member, close friend or descendant of a deceased person to enter the property solely for the purpose
of installing monuments or grave markers or preparing the cemetery plot for burying a deceased
person by those granted rights of burial to that plot; requiring notice and description of monuments
or grave markers to be installed; permitting objections to installation; requiring written reasons for
denial of access to install; and providing injunctive relief,"
H. B. 2766, Relating to contribution rate for the Deputy Sheriff Retirement System,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2766 - "A Bill to amend and reenact §7-14D-7 of the Code of West
Virginia, 1931, as amended, relating to increasing the maximum contribution rate to be paid by the
county commission or concurrent employer,"
H. B. 2921, Redefining final average salary,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2921 - "A Bill to amend and reenact §5-10-2 of the Code of West
Virginia, 1931, as amended, relating to redefining final average salary,"
And,
H. B. 2939, Clarifying the definition of compensation for purposes of calculating required
contributions to the public employees retirement system,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2939 - "A Bill to amend and reenact §5-10-2, §5-10-18, §5-10-21, §5-
10-24, §5-10-25, §5-10-44 and §5-10-48 of the Code of West Virginia, 1931, as amended, all
relating to the Public Employees Retirement System; clarifying the definition of compensation for
purposes of calculating required contributions to the system; changing definition of final average salary; clarifying when membership in the system terminates and how membership may be
reinstated; providing that individuals first hired after July 1, 2011 must have at least five years of
contributory service to retire under the 'rule of eighty'; requiring retirants changing annuity options
to certify that no final divorce decree or other court order prohibits the same; clarifying that
correction of errors provision applies to both employer errors and errors of the system's
administrative body; providing that the correction of an error with respect to a retirant may be
prospective only; and providing for reimbursement of mistaken contributions that ensures the plan's
continued qualified status,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 303 - "A Bill to amend and reenact §19-20-14, §19-20-15, §19-20-16,
§19-20-17 and §19-20-18 of the Code of West Virginia, 1931, as amended, all relating to adding
captive cervids to the list of animals protected from dogs which have killed, wounded or worried any
of the listed animals; recovering damages; assessing damages by appraisers; killing a dog lawfully;
harboring a dog unlawfully; and providing penalties"; which was referred to the Committee on
Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 376 - "A Bill to amend and reenact §36B-3-102 of the Code of West Virginia, 1931,
as amended, relating to permitting unit owners' associations to institute legal action against a unit
owner to collect dues or assessments that are overdue or in arrears to the association"; 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 July 1, 2009,
and request the concurrence of the House of Delegates in the passage, of
S. B. 413 - "A Bill to amend and reenact §19-23-5 and §19-23-6 of the Code of West
Virginia, 1931, as amended, all relating to changing the title of the West Virginia Racing
Commission's racing secretary to executive director"; which was referred to the Committee on
Government Organization.
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. 464 - A Bill to amend and reenact §61-7A-2 and §61-7A-5 of the Code
of West Virginia, 1931, as amended, all relating to the state mental health registry generally;
clarifying that only final commitments for treatment be reported to the registry; complying with
federal requirements relating to petitions for relief from prohibition against possessing a firearm;
increasing information to be provided by petitioners; expanding the factors to be considered by a
reviewing court; and expanding the findings a court must make in granting a petition"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 21 - "Requesting the Division of Highways name the bridge on I-79, spanning WV
14, commonly called the Big Chimney Interchange Bridge, the 'Hodges Brothers Bridge'."
Whereas, Eugene Hodges, Otmer Hodges, Carl Hodges, Gerald Hodges, Bobby Hodges,
Larry Hodges and Gary Hodges are brothers who grew up in Big Chimney, West Virginia; and
Whereas, Eugene, Otmer, Carl, Gerald, Bobby and Larry all served honorably in different
branches of the United States military; and
Whereas, Eugene Hodges served at Camp Hood, Texas, and survived the Omaha Beach
Landing during World War II; and
Whereas, Otmer Hodges served at Fort Knox, Kentucky, and was with the 2
nd Battalion, 19
th
Infantry Regiment of the 24
th Division, in Chinju, Korea, where he became missing in action. He
was later declared killed in action and was posthumously awarded the Purple Heart and the Bronze
Star Medal; and
Whereas, Carl Hodges served at Fort Lewis, Washington, and was an MP with the Air
Force; and
Whereas, Gerald Hodges served as a cook with the Navy's 5
th Naval District off North
Korea; and
Whereas, Bobby Hodges served with the 82
nd Airborne Division, Fort Bragg, North
Carolina; and
Whereas, Larry Hodges served in Fort Hood, Texas, with the 4
th Armored Division in Crailsheim, Germany; and
Whereas, It is fitting and proper, to honor the Hodges brothers for their dedication,
commitment and sacrifice to their state and country, by naming the bridge on I-79, spanning WV 14,
commonly called the Big Chimney Interchange Bridge, the "Hodges Brothers Bridge"; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridge on I-79, spanning WV 14, commonly called
the Big Chimney Interchange Bridge, the "Hodges Brothers 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 "Hodges Brothers Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to Gary Hodges.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 24 - "Requesting the Commissioner of the Division of Highways name bridge
located between Morgantown and Westover, Monongalia County, West Virginia, on U.S. Route 19,
known as the Westover Bridge and crossing the Monongahela River, specifically bridge number 31-
19/18-0.15, the 'Joseph C. Bartolo Memorial Bridge'."
Whereas, Joseph C. Bartolo was born on March 12, 1937, in Morgantown, West Virginia
and was a life-long resident of the area; and
Whereas, Joseph C. Bartolo was the son of the late Ernest P. Bartolo, Sr. and Virginia Craig
Bartolo; and
Whereas, Joseph C. Bartolo served as a Deputy Monongalia County Sheriff and advanced
through the ranks to Chief Deputy Sheriff, where he served in that capacity for sixteen years before
being elected Sheriff of Monongalia County; and
Whereas, Joseph C. Bartolo served four, four-year terms as Sheriff of Monongalia County;
and
Whereas, Joseph C. Bartolo was elected Mayor of the City of Westover for two, two-year
terms between serving as Sheriff of Monongalia County; and
Whereas, Joseph C. Bartolo passed away on January 14, 2009, at his home in Morgantown
and only fourteen days after his last term as Sheriff ended. He was survived by his wife, Helen; two
sons, Joseph E. Bartolo and Burt Barrell, and three daughters, Vicky Anderson, Rachael Bartolo and
Corrine Spangler; and two siblings, Bill Bartolo, currently a Monongalia County Commissioner, and
Ernest Bartolo, Jr., retired and part-time teacher at Fairmont State University. He was preceded in
death by one brother, James Bartolo, and a son, Kurt Barrell; and
Whereas, Joseph C. Bartolo was a committed and respected public servant and worked
tirelessly on many issues for the benefit of the citizens of Westover and Monongalia County. He
placed high priorities on the area's youth and seniors and met with them frequently at various
activities in support thereof. He was a beloved husband, father, brother and friend who passed away
after many years in the service to his community, county, state and country and will be missed by
all who knew him; and
Whereas, The life of Joseph C. Bartolo shall be recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways name
the bridge between Morgantown and Westover, Monongalia County, West Virginia, on U.S. Route
19, known as the Westover Bridge and crossing the Monongahela River, specifically bridge number
31-19/18-0.15, the "Joseph C. Bartolo 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 "Joseph C. Bartolo Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of Joseph C. Bartolo.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Michael:
H. B. 3154 - "A Bill to amend and reenact §11-21-12e of the Code of West Virginia, 1931,
as amended, relating to taxation; personal income tax; and providing an exemption from taxation for
active duty military personnel who are residents of West Virginia and stationed in the state"; to the
Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates White and T. Campbell:
H. B. 3155 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §9-5-21, relating to requiring the Department of Health and Human
Resources to annually review the rates paid to health care providers and report it's findings to the Legislature"; to the Committee on Health and Human Resources then Finance.
By Delegates Reynolds, Sobonya, Marshall, Barill, C. Miller and Morgan:
H. B. 3156 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-3-1c, relating to the method of appraising certain affordable
multifamily rental housing property for ad valorem property tax purposes"; to the Committee on the
Judiciary then Finance.
By Delegates Miley and Rowan:
H. B. 3157 - "A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931,
as amended, relating to providing for an additional family court judge for the twenty-third family
court district"; to the Committee on the Judiciary then Finance.
By Delegate Iaquinta:
H. B. 3158 - "A Bill to amend and reenact §17C-6-7a of the Code of West Virginia, 1931,
as amended, relating to allowing the use of traffic law photo-monitoring devices to detect or prove
traffic law violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Poore:
H. B. 3159 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-5a, relating to the development and approval of certain
training programs relating to the possession of epinephrine and the administration of epinephrine in
emergency situations; and authorizing certain individuals to obtain a prescription for epinephrine,
purchase epinephrine and administer epinephrine in emergency situations"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegates Savilla, Gearheart, Overington, Armstead, C. Miller, Kump, Carmichael and Andes:
H. B. 3160 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-16A-6a, relating to transferring powers of construction and
maintenance activities of parkways authority, including the transference of personnel and equipment
used by the parkways authority for maintenance and construction activities to the Division of
Highways"; to the Committee on Roads and Transportation then Government Organization.
By Delegate Lane:
H. B. 3161 - "A Bill to amend and reenact §5-3-2 of the Code of West Virginia, 1931, as
amended, relating to assignment of cases to private attorneys by bid; requiring that the Joint
Committee on Government and Finance approve any proposed settlement involving the office of the
Attorney General; and, providing that any proceeds received in any civil action involving the office
of the Attorney General be deposited in the General Revenue Fund to be appropriated by the
Legislature"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Brown, Frazier, Hunt, Moore, Poore, Armstead, Hamilton and
Lane:
H. B. 3162 - "A Bill to amend and reenact §62-11D-2 of the Code of West Virginia, 1931,
as amended, relating to polygraph examinations required as a condition of supervision for certain
sex offenders released on probation, parole or supervised release; amending the number of polygraph
examinations that may be conducted by an examiner within a twenty-four hour period; and amending
the number of conclusive examinations that may be conducted on a sex offender by the same
examiner within one year"; to the Committee on the Judiciary.
By Delegate Perry
[By Request of the Insurance Commission]:
H. B. 3163 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-2-21a, relating to workers' compensation programs of state
government entities and their employees; defining participants and exceptions thereto; designating
the Insurance Commissioner to manage workers' compensation risks of state entities; creating a
purchasing exemption for the program; authorizing commissioner to assess fees; creating fund in
State Treasury; authorizing investment of funds; permitting loan from Insurance Commissioner's
administrative fund to the state entities' workers' compensation program fund and repayment to the
administrative fund; and authorizing Insurance Commissioner to propose legislative rules and to
adopt emergency rules"; to the Committee on Banking and Insurance then Government Organization
then the Judiciary.
Special Calendar
Third Reading
H. B. 2164, 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. 88),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent and Not Voting: Doyle.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2164) 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. 2533, Requiring the identities of signatories to a certificate for a person
seeking ballot access to be made public and verified; 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. 89),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent and Not Voting: Doyle.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2533) 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. 2613, Authorizing the Department of Military Affairs and Public Safety
to promulgate legislative rules; on third reading, coming up in regular order, was, on motion of
Delegate Boggs, laid over.
Com. Sub. for H. B. 2709, Allowing county school boards to enter into energy-saving
contracts; 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. 90),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2709) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 91), and there were--yeas 99, nays
1, absent and not voting none, with the nays being as follows:
Nays: Howell.
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. 2709) 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. 2949, Providing definitions of "low income" for purposes of property
tax relief programs; 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. 92),
and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:
Nays: Cowles, Howell and J. Miller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2949) 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. 3021, Adding two new members to the Comprehensive Behavioral
Health Commission; 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. 93),
and there were--yeas 91, nays 9, absent and not voting none, with the nays being as follows:
Nays: Andes, Gearheart, Householder, Howell, Kump, J. Miller, O'Neal, Savilla and
Snuffer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3021) 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. 3028, Expanding the responsibilities of the Maternal Mortality Review
Team; 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. 94),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3028) 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. 3115, Making a supplementary appropriation to the Department of Education -State
Aid to Schools; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken
(Roll No. 95), and there were--yeas
100, nays none, absent and not voting none.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3115) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 96), and there were--yeas 100, nays
none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3115) 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.
H. B. 3116, Relating to the authority of school curriculum teams and local school
collaborative processes; 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. 97),
and there were--yeas 96, nays 4, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Snuffer and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3116) 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:
Com. Sub. for H. B. 2555, Establishing the misdemeanor offense of operating a motor
vehicle while sending, reading or receiving a text message,
Com. Sub. for H. B. 2882, Relating to the Commissioner's Assessment and Examination
Fund,
And,
Com. Sub. for H. B. 2962, Increasing the amount of a fine or penalty the Commissioner of
Banking may impose on residential mortgage brokers and lenders.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 205, Updating certain terms in Corporation Net Income Tax Act,
S. B. 215, Updating certain terms in Personal Income Tax Act,
S. B. 254, Making supplementary appropriation of federal funds to Development Office and
Division of Human Services,
Com. Sub. for H. B. 2586, Authorizing the Department of Transportation to promulgate
legislative rules,
Com. Sub. for H. B. 2626, Authorizing the Department of Commerce to promulgate
legislative rules,
Com. Sub. for H. B. 2885, Allowing a guardian or conservator to be employed or in an
employment contract with a behavioral health provider,
And,
H. B. 2918, Relating to permanent business registrations.
Miscellaneous Business
Delegate D. Poling announced that he was absent on yesterday when the vote was taken on
Roll No. 87, and that had he been present, he would have voted "Yea" thereon.
Delegate Doyle then announced that he was absent in earlier proceedings when the votes
were taken on Roll Nos. 88 and 89, and that had he been present, he would have voted "Yea"
thereon.
At 11:46 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 17,
2011.