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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]
hdj2011-02-17-37


__________*__________


Thursday, February 17, 2011

THIRTY-SEVENTH 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 Wednesday, February16, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Delegate Iaquinta addressed the House regarding the recent tragedy in Elkins involving a U. S. Marshal, and at the conclusion of his remarks, Delegate Boggs asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Committee Reports

Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
H. B. 2149, Increasing compensation for conservation officers,
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. 2149) was referred to the Committee on Finance.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 2986, Relating to forest fire seasons,
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. 2986) was referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 3000, Making it lawful to hunt coyotes with a green colored light,
And,
H. B. 3072, Creating a hunting permit to safely accommodate visually impaired hunters,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 3000 and H. B. 3072) were each referred to the Committee on the Judiciary.
Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 2988, Amend the definition of "accredited thoroughbred horse" to require registration with the Thoroughbred Breeders Association,
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. 2988) was referred to the Committee on the Judiciary.
Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 3098, Clarifying levels of West Virginia Greyhound Breeding Development Fund payouts, and providing funding for greyhound adoption and spay and neutering programs,
And reports the same back with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3098) was referred to the Committee on Finance.
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. 37, The "Cpl. Druey L. Hatfield Memorial Bridge",
H. C. R. 63, The "Alan B. Mollohan Gateway",
H. C. R. 70, Naming the bridge on US Route 220 in the City of Keyser the "Memorial Bridge",
And,
S. C. R. 18, Requesting DOH name bridge on Corridor H in Moorefield, Hardy County, "Richard Lee 'Dickie' Moyers Veterans Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2890, Energy Efficient Building Act,
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. 2890) was referred to the Committee on Finance.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2545, Requiring onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration (OSHA) approved 10-hour construction safety program,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2545) was referred to the Committee on Government Organization.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2812, Requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience,
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. 2812) was referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2894, Changing surcharge on fire and casualty insurance policies to one percent and dedicating the money to volunteer and part-volunteer fire departments,
And,
H. B. 3020, Preventing taxpayer subsidization of health insurance covering elective abortions,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2894 and H. B. 3020) were each referred to the Committee on Finance.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2863, Providing for the costs of disability physical and/or mental examinations approved by the Consolidated Public Retirement Board under the West Virginia State Police plan,
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. 2863) was referred to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Pensions and Retirement and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Pethtel, Ennis, Givens, Guthrie, Poling, D., Canterbury and Duke:
H. C. R. 80 - "Requesting the Joint Committee on Government and Finance study requiring the Consolidated Public Retirement Board to deduct from monthly benefits to retirees sums to pay retiree association dues."
Whereas, Various retiree associations would like to have their monthly dues deducted from retiree's monthly benefit;
Whereas, There will probably be a cost to the various retirement systems administered by the Consolidated Public Retirement Board;
Whereas, There is uncertainty and concern as to how retirees will react to increases in monthly dues which would then be automatically deducted from their monthly benefit;
Whereas, There is uncertainty as to the best method by which retirees should be notified if there is a dues increase that would affect their monthly benefit;
Whereas, Consulting with the Consolidated Public Retirement Board, various retiree associations and retirees would serve to eliminate this concern and uncertainty; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study ; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 80) to the Committee on Rules.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 3145, Providing a one-time bonus to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System,
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. 3145) was referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2703, Relating to qualifications of members of certain county commissions,
And,
H. B. 3030, Increasing the number of municipalities that may participate in the Municipal Home Rule Pilot Program,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2703 and H. B. 3030) were each referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 3063, Increasing the salary of public service district board members,
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. 3063) was referred to the Committee on Finance.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2046, Exempting from the sales and use tax special equipment installed in a motor vehicle for the use of a person with physical disabilities,

And,
H. B. 2449, Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2046 and H. B. 2449) were each referred to the Committee on Finance.
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. 2009, Providing a tax incentive to dental practitioners to perform dental services at no cost to indigent patients,
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. 2009) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 3122, Allowing the West Virginia State Police and the Division of Labor to confirm the validity of an employees identification card,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3122) was referred to the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor and Economic Development and Small Business has had under consideration:
H. B. 2437, Requiring that cutter heads, long wall shears and other mining machines automatically shut-off when the methane level reaches one percent,
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. 2437) was referred to the Committee on the Judiciary.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
H. B. 2475, Including certain records of the Division of Juvenile Services in the exemptions from disclosure under the Freedom of Information Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, to take effect from passage, a bill of the House of Delegates as follows:
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 motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"§1. Boone County Commission authorized to transfer its title and interests in the Boone Memorial Hospital.

(a) The Boone County Commission holds title to the assets of the Boone County public hospital doing business as the Boone Memorial Hospital, also known as the Boone County Memorial Hospital, pursuant to section fourteen, article three, chapter seven of the code of West Virginia.
(b) The Boone Memorial Hospital, Incorporated, is a private, nonprofit corporation formed by the board of trustees of Boone Memorial Hospital.
(c) The Boone County Commission may transfer its title to Boone County Memorial Hospital to the private, nonprofit corporation, the Boone Memorial Hospital, Incorporated, so that the hospital may continue to provide medical care and emergency medical services to the hospital's service area in a cost-effective and efficient manner and to more fully serve the health care needs of the county.
(d) Notwithstanding the provisions of section three, article three, chapter seven of said code, the disposition of the assets of Boone Memorial Hospital by public auction would be impractical, potentially adverse to the interests of the hospital's service area and the objectives of the county might not be accomplished by the sale at public auction.
(e) The Boone County Commission is hereby authorized to transfer to the private, nonprofit corporation, the Boone Memorial Hospital, Incorporated, all of its right, title and interest to all of the assets of Boone Memorial Hospital, both tangible and intangible, real, personal and mixed, wheresoever located, that are necessary to operate the hospital, for a fair and adequate consideration, either monetary or non-monetary, that may include public benefits that may accrue, without considering, by itself alone, the fair market value of the property, those certain parcels or tracts of land and buildings, situate in the city of Madison, Boone County, West Virginia, conveyed unto the County Commission of Boone County, also known as the County Court of Boone County, by deed dated January 26, 1963, from Tracy S. McNeely and Wilma McNeely, recorded in Deed Book 104 at page 471 (designated Tax Map 15 Parcel 57); by deed dated May 4, 1965, from Tracy S. McNeely and Wilma McNeely, recorded in Deed Book 110 at page 265 (designated Tax Map 15 Parcel 78); by deed dated September 10, 1966, from Arthur R. Robertson and Myrtle Robertson, recorded in Deed Book 114 at page 129 (designated Tax Map 15 Parcel 60); by deed dated January 24, 2000, from Wilma McNeely widow, Barbara Ann McNeely Gregory and Arlen Wayne Gregory, Linda Kay McNeely Holstein and Jack G. Holstein, and Jerry Ken Mullins, recorded in Deed Book 227 at page 73 (designated Tax Map 15 Parcel 62); and by deed dated May 16, 2005, from the Boone Medical Clinic, Incorporated, recorded in Deed Book 247 at page 410 (designated Tax Map 15 parcel 35).
(f) The deed of conveyance from the Boone County Commission to the private, nonprofit corporation, the Boone Memorial Hospital, Incorporated, shall contain a provision that the ownership shall revert to the Boone County Commission should the property cease to be used as a hospital for a period of twelve months: Provided, That this reversionary interest may be modified at any time to the extent necessary to allow for future financing of a new hospital in Boone County."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 98), 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: Lane, Moore and Morgan.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2696) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 99), 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: Lane, Moore and Morgan.
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. 2696) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 61 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-2b; and to amend and reenact §62-15-4 of said code, all relating generally to juvenile drug courts; appointment of hearing officers for juvenile drug courts; and authorizing additional juvenile drug courts"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
S. B. 219 - "A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-8-1 and §21A-8-10 of said code, all relating to maintaining solvency of the Unemployment Compensation Fund; providing a mechanism for the Governor to borrow funds from the Revenue Shortfall Reserve Fund and deposit those funds into the Unemployment Compensation Fund if the balance of the Unemployment Compensation Fund drops below $20 million; providing that no amount borrowed shall exceed $20 million; and providing for repayment of any outstanding loans from the Revenue Shortfall Reserve Fund or other funds legally available"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 329 - "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-24 and §11-15B- 32 of the Code of West Virginia, 1931, as amended, all relating to the administration of sales and use tax generally; adding new definitions; clarifying present definitions; incorporating changes to the Streamlined Sales and Use Tax Agreement; adding a computer software maintenance contract as a Streamlined Sales and Use Tax Agreement; relieving seller of tax liability in certain instances; and providing new effective dates"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 331 - "A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to corporation net income tax; and making a technical correction in the definition of 'eligible taxpayer'"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
S. B. 371 - "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"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
S. B. 375 - "A Bill to amend and reenact §18B-4-7 of the Code of West Virginia, 1931, as amended, relating to authority of institutions of higher education to confer degrees; applicability of provisions; minimum standards; requiring collection and dissemination of certain information; authorizing certain reviews and audits; and providing for revocation of degree-granting authority under certain conditions"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 439 - "A Bill to amend and reenact §21-9-11a of the Code of West Virginia, 1931, as amended, relating to clarifying that the filing of a complaint with the state regulatory board is a prerequisite for the filing of a lawsuit"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegate Talbott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 81 - "Requesting County Route 26, beginning from the intersection with State Route 15 then proceeding through 26/1 to the Randolph County line, be named the 'Eli "Rimfire" Hamrick Trail'."
Whereas, Eli "Rimfire" Hamrick was born in Webster County on March 28, 1868, and died in his native county on April 1, 1954, and his actions, love for the mountain ways and devotion to wildlife made him admired as a humble son of the hills and a legendary figure in Webster County; and
Whereas, In 1913, Eli "Rimfire" Hamrick was employed as a yard-man at the Webster Springs Hotel by owner, John T. McGraw, a Democratic National Committeeman and rigorous political figure of the day, and "Rimfire" had the task of preparing the chickens for meals at the hotel and was asked by hotel manager, James Wooddell, how he killed the chickens. Eli Hamrick answered the hotel manager's question by stating "with my Rimfire Rifle, by God" and was thereafter known as "Rimfire". "Rimfire" was an expert in word lore and a tenderhearted man who loved wildflowers and animals. "Rimfire" opened a jewelry, watch repair and gun shop in the Town of Addison (Webster Springs) in 1910 and at times also worked as a game warden, look-out tower keeper, fire warden and handyman. "Rimfire" married at age 52 and spent his honeymoon at the Turkey Creek Fire Tower, where he was employed as a keeper at the time; and
Whereas, 1924 presidential candidate, John W. Davis, asked "Who was 'Rimfire' to have had the face as sad as Lincoln's?" The six-foot three-inch mountaineer was a true son of the hills, posed for the statues of the Mountaineer in Charleston, located on the East Lawn of the Capitol and also in Washington, D.C. and was named the "Typical Mountaineer". In 1932, "Rimfire" took his first and only venture into politics running on the Republican ticket for the State Senate supported by West Virginians who believed they had a winner in the "Typical Mountaineer" who had won fame as the model for the statue at the West Virginia State Capitol and using the campaign slogan "You put me at the Capitol in bronze, now send me there in person"; and
Whereas, In all that has been written and said of Eli "Rimfire" Hamrick, it is clear that he was a gentleman, and the story of the "honorable man of the hills" is a bit of West Virginia history worth preserving; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested that County Route 26, beginning from the intersection with State Route 15 then proceeding through 26/1 to the Randolph County line, be named the "Eli 'Rimfire' Hamrick Trail"; 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 road, containing bold and prominent letters proclaiming the road to be named the "Eli 'Rimfire' Hamrick Trail"; 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 Eli 'Rimfire' Hayrick.
Delegates Gearheart and Ellington offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 82 - "Requesting the Legislature establish a Joint Legislative Committee on Public Service Commission Accountability and Effectiveness for the purpose of studying the accountability and effectiveness of the Public Service Commission, and proposing legislation consistent with the committee's findings."
Whereas, Rising utility costs continue to consume a greater portion of the incomes of West Virginians and act as an impediment to economic development; and
Whereas, The Public Service Commission was created not only to regulate and ensure the availability of public utilities, but also to protect the interest of the using and consuming public; and
Whereas, The Legislature seeks to address concerns that sufficient accountability does not currently exist to ensure that the Public Service Commission is adequately protecting those interests; therefore, be it
Resolved by the Legislature of West Virginia:
That a Joint Legislative Study Committee on Public Service Commission Accountability and Effectiveness be created for the purposes of studying the issue of the accountability and effectiveness of the Public Service Commission, and the feasibility of creating legislation consistent with the committee's findings; and proposing legislation to achieve this goal; and, be it
Further Resolved, That the Joint Legislative Committee on Public Service Commission Accountability and Effectiveness examine the following issues in relation to the Public Service Commission:
(1) The process of applying for and receiving rate modifications, including the feasibility of authorizing the commission to unilaterally decrease rates when an investigation concludes that consumers are being overcharged;
(2) A description of all revisions to policies or practices, or both, of the commission intended to ensure that utilities adopt and utilize best management practices in their respective operations;
(3) A description of any current practices or policies, or both intended to minimize the amount of any possible over-recovery from rate payers paying interim rates while a rate case is pending;
(4) An analysis of the method by which machinery, equipment, fixtures and infrastructure is depreciated following the acquisition by a subsequent owner, and whether such method is consistent with the purposes for which depreciation is allowed;
(5) An analysis comparing the current utility rates in each of the twenty-eight border counties with the comparable rates for the non-West Virginia counties which share a common boundary with each;
(6) Whether an economic impact analysis should be required with respect to applications for substantial rate increases; and
(7) Whether the consumer advocate's actions in principal and effect have remained consistent with the original intent, and if not, how to correct such problems; and, be it
Further Resolved, That the study committee shall consider such other information or documentation as the committee may request in order to achieve the goals of this resolution.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Anderson, Ellem, Storch, Gearheart, Sigler, Ellington, Nelson, Savilla and Howell:

H. J. R. 39 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article ten thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Kump:
H. J. R. 40 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 7, article VI thereof, relating to creating a legislative districting and apportionment commission for the apportionment of the Senate and House of Delegates after census; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Martin:

H. B. 3164 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-23, relating to creating a pilot program for incarceration and treating low risk inmates who are disabled or impaired as a result of medical, physical or mental disease or condition"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Hunt, T. Campbell, Morgan, Boggs, Pasdon and Armstead:

H. B. 3165 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9 and §51-1B-10, all relating to the establishment of an Intermediate Court of Appeals"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Lawrence, Cann, Fragale, Frazier, Iaquinta, Miley and Morgan:

H. B. 3166 - "A Bill to amend and reenact §8-5-5 of the Code of West Virginia, 1931, as amended, relating to municipalities; election of officers; and permitting municipalities to stagger the terms of elected officers"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates C. Miller, Sobonya and Sumner:

H. B. 3167 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to the use of the name or likeness of elected or appointed officials on publicly-owned vehicles except for ceremonial purposes; limiting elected or appointed officials from placing their name or likeness on trinkets paid for with public funds; limiting elected or appointed officials from using public funds to distribute certain published materials bearing their name or likeness within one hundred twenty days prior to a primary or general election in which a public official is a candidate; definitions; and providing exceptions"; to the Committee on the Judiciary.
By Delegates Caputo, Boggs, Butcher, Staggers, Manypenny, Moye, Ferro, Fleischauer, Martin, Hunt and Longstreth:

H. B. 3168 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensation of State Police for off-duty time when they are required to be on standby to be called back to work; and providing a stipend for housing cost for officers who reside in and are assigned to the highest five counties according to median monthly housing cost"; to the Committee on Finance.
By Delegates Kominar, White, Pasdon and Varner:

H. B. 3169 - "A Bill to amend and reenact §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-8 and §11-13U-10 of the Code of West Virginia, 1931, as amended, all relating to reinstating the high-growth business investment tax credit; broadening the definition of 'eligible companies' to include start-up, early stage, growth-oriented businesses that may not otherwise qualify for the tax credit; extending the expiration to five years with a provision for reauthorization; and increasing the annual allocation for credits from $1 million to $2 million"; to the Committee on Finance.
By Delegate Hatfield:

H. B. 3170 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-12d, relating to pharmacists, pharmacy technicians, pharmacy interns and pharmacies; and providing that pharmacists may not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Caputo, Longstreth, Manchin, M. Poling, Givens, Rowan, Smith, Martin, Ellem, Walker and Frazier:

H. B. 3171 - "A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to providing teachers, administrators and others having direct contact with students with the education and training necessary to ensure the safety of state schools"; to the Committee on Education then Finance.
By Delegates Caputo, Pethtel, Williams, D. Poling, Varner, Mahan, Ferro, Shaver, Hamilton and Boggs:

H. B. 3172 - "A Bill to amend and reenact §60-2-12 of the Code of West Virginia, 1931, as amended, relating to providing that enforcement officers and inspectors employed by the office of West Virginia Alcohol Beverage Control Commissioner be included in the classified service under the Civil Service System"; to the Committee on Government Organization then Finance.
By Delegates Walker, Hunt and Frazier:

H. B. 3173 - "A Bill to amend and reenact §48-5-604 and §48-5-606, of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-9-206, §48-9-207, §48-9-302 and §48-9-403 of said code, all relating to amending and adding to divorce, distribution of property and child custody guidelines to take into consideration the presence of an autistic child"; to the Committee on the Judiciary.
By Delegates Brown, Fragale, Moore and Skaff:

H. B. 3174 - "A Bill to amend the Code of West Virginia,1931, by adding thereto a new section, designated §60-3A-3a; and to amend and reenact §60-3A-4 of said code, all relating to allowing Class A retail licensees or freestanding liquor retail outlets the ability to conduct responsible liquor sampling events on days of the week, other than Sunday; and providing that violators of these sections are subject to the criminal and civil penalties provisions of article three-a"; to the Committee on Government Organization then the Judiciary.
By Delegates Savilla, Andes, Gearheart, Ellington, Snuffer, Hall and Armstead:

H. B. 3175 - "A Bill to amend and reenact §17-16A-13a of the Code of West Virginia, 1931, as amended, relating to public notice and hearing requirements of the Parkways Authority"; to the Committee on Government Organization then the Judiciary.
By Delegates Barill, Butcher, D. Campbell, Caputo, Crosier, Fleischauer, Frazier, Manchin, Marshall, Moore and Pasdon:

H. B. 3176 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding a magistrate to Monongalia County"; to the Committee on the Judiciary then Finance.
By Delegates Lawrence, Marshall, Doyle, Pino, Hunt and Frazier:

H. B. 3177 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-16, relating to permitting an owner who sells real property pursuant to a deed of trust to terminate a preexisting tenancy; and providing notice requirements"; to the Committee on the Judiciary.
By Delegate Perdue:

H. B. 3178 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding a new article, designated §16-43-1, §16-43-2 and §16-43- 3 of said code; to amend and reenact §60-3A-17 of said code; and to amend and reenact §60-8-4 of said code, all relating to funding for substance abuse services through increased taxes on beer, wine and liquor; increasing the barrel tax on nonintoxicating beer; increasing the tax on purchases of liquor; increasing the liter tax; creating a Prevention, Intervention, Treatment and Recovery Fund to fund substance abuse programs; creating the Alcohol and Drug Disbursement Board; setting forth the board's membership and term lengths; and requiring annual reports be made to the Legislature"; to the Committee on Health and Human Resources then Finance.
By Delegates Kominar, Cann, Barker, Butcher and Manypenny:

H. B. 3179 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7; and to amend said code by adding thereto a new section, designated §5-10-22k, all relating to cost-of-living increases for state employees and retirees"; to the Committee on Government Organization then Finance.
Special Calendar

Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were each reported by the Clerk and adopted:
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".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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; 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. 100), and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Gearheart, Kump, Savilla and Snuffer.
Absent and Not Voting: Lane, Moore and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2555) 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, having been postponed in earlier proceedings, was, on motion of Delegate Boggs laid over.
Com. Sub. for H. B. 2882, Relating to the Commissioner's Assessment and Examination Fund; 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. 101), and there were--yeas 97, nays 0, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Lane, Moore and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2882) 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. 2962, Increasing the amount of a fine or penalty the Commissioner of Banking may impose on residential mortgage brokers and lenders; 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. 102), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: Lane, Moore and Morgan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2962) 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

S. B. 205, Updating certain terms in Corporation Net Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 215, Updating certain terms in Personal Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 254, Making supplementary appropriation of federal funds to Development Office and Division of Human Services; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2586, Authorizing the Department of Transportation to promulgate legislative rules; 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. 2626, Authorizing the Department of Commerce to promulgate legislative rules; 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. 2885, Allowing a guardian or conservator to be employed or in an employment contract with a behavioral health provider; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2918, Relating to permanent business registrations; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2542, Clarifying requirements and procedures for access to cemeteries and grave sites located on private land,
H. B. 2765, Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board,
Com. Sub. for H. B. 2766, Relating to contribution rate for the Deputy Sheriff Retirement System,
Com. Sub. for H. B. 2921, Redefining final average salary,
Com. Sub. for H. B. 2939, Clarifying the definition of compensation for purposes of calculating required contributions to the public employees retirement system,
And,
Com. Sub. for 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
Leaves of Absence

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

Delegate Poore addressed the House concerning school bullying, and at the conclusion of her remarks, Delegate L. Phillips asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Delegate Howell addressed the House concerning H. B. 2554, Intrastate Coal and Use Act, and at the conclusion of his remarks, Delegate Snuffer asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 12:11 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 18, 2011.

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