hdj2011-02-23-43
__________*__________
Wednesday, February 23, 2011
FORTY-THIRD DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 22, 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
Delegates Manchin, Anderson, Ashley, T. Campbell, Caputo, Doyle, Iaquinta, Kominar,
Longstreth, Miley, Morgan, D. Poling, M. Poling, Reynolds, Stowers, Varner, Walters and White
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 97 - "Requesting that the Joint Committee on Government and Finance authorize
a broad study of budgeting, including budget formats, approaches, processes, procedures and
controls; administration of fiscal notes; revenue estimating; performance accountability and
incentives; mechanisms for proposing a legislative budget; and additional resources for budget analysis, research and oversight."
Whereas, The citizens demand and deserve that their government be transparent,
responsive, proactive, accountable, efficient and effective and by it being so, will enjoy greater
prosperity, jobs, safety, welfare, and trust in their government; and
Whereas, The State's line-item budget format predates the ratification of the Modern Budget
Amendment of 1968; and
Whereas, The line-item budget format inadequately supports the decision making by
policymakers due to the commingling of programs within spending unit line-items; and
Whereas, Over time the line-item budget has seen substantial consolidation within the
"unclassified" and other less restrictive line-items of appropriation; and
Whereas, The current line-item budget format contains no mechanisms to limit
employment, establish goals and objectives or link performance to spending authority and provides
no basis for performance measurement and accountability; and
Whereas, Strict control of the line-item format has not been maintained over the decades
to limit certain types of spending to corresponding budget line-items, also known as "activities",
fundamental to its original design, such as confining personal services spending to "personal
services" activities, employee benefits to "employee benefit" activities; and
Whereas, Spending units have found creative ways to avoid fund expirations and otherwise
manipulate the budget process; and
Whereas, The past decades have witnessed innovations in budget types and approaches with
performance-based budgeting, zero-based budgeting and program-based budgeting approaches
pushing out line-item budgeting in many other states and political subdivisions across the nation; and
Whereas, The state is currently undertaking procurement of a new enterprise resource
planning solution which will be capable of facilitating changes in the state's budgeting and
accountability systems; and
Whereas, Relying on state agencies to provide fiscal notes on legislative proposals often yields unsatisfactory results, whether for a lack of fiscal note dedicated staff, skills, time or priority
by executive or judicial branch entities or because of political, organizational or personal bias or
perceived bias on the part of legislators; and
Whereas, The topics of some fiscal notes and research questions do not fit within the
jurisdiction of any existing state office or may not concern the expenditure of state funds but rather
the impact upon private markets; and
Whereas, The Legislature currently has no means of developing its own, joint, nonpartisan
revenue estimates which could bring the Executive to public account; and
Whereas, Unlike some states, West Virginia has no "legislative budget commission" or
legislative entity responsible for the proposal of a legislative budget prior to the creation of the
executive budget proposal which would provide another point of reference as work on the executive
budget proposal commences; and
Whereas, In addition to the finance committee staff of the respective houses, which serve
the committee and its chair in the development, research and analysis of appropriation and policy
bills, many states maintain joint legislative budget offices with budget specialists charged with very
focused areas of responsibility and content knowledge rivaling that of cabinet secretaries and
directors, serving all members and committees and consulting throughout the budget process and
making reports; and
Whereas, As a part-time Legislature, a full-time budget office could be especially helpful
in monitoring budget activities and agency performance on a year-round basis; and
Whereas, There has long been a casual dialog regarding the Legislature's need to produce
its own fiscal notes and the need for a legislative budget office but never an intensive study to weigh
potential benefits against likely costs; and
Whereas, The citizens demand and deserve that their elected officials be prudent in levying
and maintaining taxes and parsimonious in spending the proceeds thereof; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
broad study of budgeting, including budget formats, approaches, processes, procedures and controls;
administration of fiscal notes; revenue estimating; performance accountability and incentives;
mechanisms for proposing a legislative budget; and additional resources for analysis, research and
oversight; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2012, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
Delegates Morgan, Craig, Stephens, Sobonya, Reynolds and C. Miller offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 98 - "
Recognizing the Mighty Wurlitzer Pipe Organ in the Keith-Albee Theatre as
the Official Theatre Pipe Organ in the State."
Whereas, The original Wurlitzer Theatre pipe organ has been returned to the Keith-Albee
Theatre and is the sole remaining theatre pipe organ installed in its original Theatre in the State of
West Virginia; and
Whereas, This surviving Theatre organ was originally built and installed in the Keith-Albee
Theatre in 1928 when the structure was first built, and is an historic survivor of 83 years; and
Whereas, The Theatre organ is a uniquely American musical invention, designed and
constructed to provide sound and accompaniment in the silent era of motion pictures; and
Whereas, Between 1910 and the 1930's, there were nearly 7,000 Theatre pipe organs across
the United States performing each day for motion pictures; and
Whereas, Soon after sound came to motion pictures, the Theatre organs were abandoned,
discarded, given away, or left to languish dormant in their Theatres, leaving at the present time approximately 125 Theatre organs in public venues nationally, and only 40 remain in their original
theatres; and
Whereas, in 2001, the Huntington Theatre Organ Project, Inc., a not-for-profit, tax-exempt
West Virginia Corporation consisting of private citizens was established to renovate and install a
Theatre pipe organ in the Keith-Albee Theatre in Huntington, West Virginia; and
Whereas, The Huntington Theatre Organ Project, Inc., has obtained parts of the Moller
Theatre pipe organ originally installed in the Smoot Theatre, Parkersburg, West Virginia and the
Granada Theatre in Bluefield, West Virginia, which will be added to the original Theatre pipe organ
installed in the Keith-Albee Theatre; and
Whereas, The glorious, majestic sounds of the most powerful musical instrument ever
produced will once again thrill West Virginians in such events as mini-musical concerts between
movies, Marshall University Artists Series, an annual concert series, and educational curriculum
programs with area schools and universities; and
Whereas, The Theatre pipe organ installed in the Keith-Albee Theatre is the only remaining
Theatre pipe organ built for a Theatre in the Great State of West Virginia and the glorious, majestic
sounds of the most powerful musical instrument ever produced will once again thrill West Virginians
in such events as mini-concerts between films, and annual concert series, and educational curriculum
programs with area schools and universities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Mighty Wurlitzer Pipe Organ in the Keith-Albee Theatre be hereby designated as
the Official Theatre Pipe Organ for the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this
resolution to the Huntington Theatre Organ Project, Inc., the Director of the Division of Culture and
History, and the American Theatre Organ Society.
Delegates Morgan, Anderson, Barill, Barker, Boggs, Brown, Butcher, D. Campbell, T.
Campbell, Cann Caputo, Carmichael, Craig, Crosier, Doyle, Ellington, Ennis, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall Hamilton, Hatfield, Hunt, Iaquinta Jones,
Kominar, Lawrence, Manypenny, Marshall, Martin, Michael, Miley, Moore, Moye, Pasdon, Paxton,
Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling. M. Poling, Poore, Reynolds,
Rodighiero, Skaff, Smith, Staggers, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Wells,
White and Williams offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. R. 27 - "Expressing the sense of the Legislature that designating the annual observance
of September 17, Constitution Day, also be declared 'Robert C. Byrd Remembrance Day' for the
State of West Virginia in order to honor the lifetime of service given by Senator Byrd to the United
States of America and the people of West Virginia."
Whereas, the Honorable Robert C. Byrd was a native West Virginian and the longest
serving United States Senator continuously elected by the people of West Virginia; and
Whereas, Senator Byrd faithfully served the people of West Virginia in the United States
Congress from 1953 until his death on June 28, 2010 at the age of 92; and
Whereas, thanks to his generous spirit Senator Byrd started the Scholastic Recognition
Award in 1969, which awards the valedictorian at each West Virginia public and private high school
with a savings bond, and he was instrumental in delivering millions of dollars in federal aid to the
state of West Virginia to build roads, schools and hospitals; and
Whereas, Senator Byrd was elected to more leadership positions than any other Senator in
history and at the time of his death he was the highest-ranking Senator in the majority party, known
as the President pro tempore; and
Whereas, Senator Byrd served as the senior member of the Senate Appropriations
Committee, was the Chairman of the Senate Appropriations Subcommittee on Homeland Security,
and a member of the Senate Budget, Armed Services, and Rules and Administration Committees and
he cast more than 18,689 roll call votes, which is more votes than any other Senator in U.S. history
and held a 97 percent attendance record in his more than 50 years in the Senate; and
Whereas, Senator Byrd was instrumental in establishing the holiday Constitution Day and
was well known for always carrying a copy of the United States Constitution in his pocket it is fitting
to honor his memory on September 17; and
Whereas, The State of West Virginia is thankful and proud of the numerous
accomplishments and many years of dedicated service of Senator Robert C. Byrd a statesman,
politician, avid fiddle player and true West Virginian therefore, be it
Resolved by the Legislature of West Virginia:
That September 17 is hereby declared "Robert C. Byrd Remembrance Day" in West Virginia;
and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the
children and grandchildren descendants of Robert C. Byrd; and, be it
Further Resolved, that the Clerk of the House forward a copy of this resolution to each West
Virginia Congressional Representative; and, be it
Further Resolved, that the Clerk forward a copy of this resolution to the Governor of West
Virginia with the request that the Governor issue a proclamation designating September 17 as
"Robert C. Byrd Remembrance Day."
Delegates Moore, Azinger, Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann,
Caputo, Craig, Crosier, Ennis, Evans, Fleischauer, Fragale, Givens, Guthrie, Hall, Hartman, Hatfield,
Ireland, Jones, Kominar, Lawrence, Longstreth, Mahan, Manchin, Marshall, Michael, Miley,
Morgan, O'Neal, Pasdon, Paxton, L. Phillips, R. Phillips, Pino, D. Poling, Poore, Reynolds,
Rodighiero, Rowan, Shaver, Skaff, Smith, Snuffer, Sobonya, Stephens, Stowers, Talbott, Walker,
Wells and White offered the following resolution, which was read by the Clerk as follows:
H. R. 28 - "Designating February 23, 2011, as 'Community Action Day'."
Whereas, Community action agencies in the Mountain State work to assist low-income
West Virginians; and
Whereas, Community action agencies try to find the causes of poverty and how to achieve self-sufficiency; and
Whereas, These community action agencies have been serving low-income families
throughout West Virginia's 55 counties for more than 40 years; and
Whereas, Community action agencies conduct programs to meet the needs of low-income
West Virginians; and
Whereas, these programs consist of Head Start, weatherization, housing, energy assistance,
home rehabilitation, job training and placement, nutrition for the elderly and children, counseling,
health, education, welfare reform, family mentoring and many others; and
Whereas, Community action agencies, in partnerships with elected officials, the private
sector and the citizens of West Virginia, continue to identify low-income conditions and pursue
solutions; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 23, 2011, as "Community Action
Day"; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia
Legislature and all citizens of West Virginia to join in recognizing the value and importance of
community action programs in West Virginia; and, be it
Further Resolved, The Clerk of the House of Delegates is hereby requested to forward a copy
of this resolution to the West Virginia Community Action Partnership.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 28) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2763, Prohibiting the Executive Director of Workforce West Virginia from billing a
reimbursable employer under the unemployment compensation law for overpaid amounts of benefits
paid to a claimant,
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. 2953, Relating to dedication of coalbed methane severance tax proceeds,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 or county
commissions; requiring moneys deposited in the Infrastructure Fund prior to July 1, 2011, be
distributed to county economic development authorities or county commissions; 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 and county
commissions; requiring approval of respective county commissions and the Development Office
prior to expending certain 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 certain funds, including emergency rules,"
With the recommendation that the committee substitute 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. 3064, Finding and declaring certain claims against the state and its agencies to be moral
obligations of the state,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3064 - "A Bill finding and declaring certain claims against the state and
its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the
payment thereof,"
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. 2802, Prohibiting use of turning lanes for through traffic under certain circumstances,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2802 - "A Bill to amend and reenact §17C-7-9 of the Code of West
Virginia, 1931, as amended, relating to driving on roadways laned for traffic; prohibiting use of
turning lanes for through traffic under certain circumstances; and providing criminal penalties,"
And,
H. B. 2975, Providing for an alternative means for the initial purchaser of junked vehicles
to notify the division,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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; and 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,"
With the recommendation that the committee substitutes each 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. 2883, Creating regulations for commercial dog breeding,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2883 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating
regulations for commercial dog breeding operations,"
With the recommendation that the committee substitute do pass.
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. 2930, Safe and Efficient Parkways Act,
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. 2930) was referred to
the Committee on the Judiciary.
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. 3183, Creating the Tourist-Oriented Directional Signs Program,
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. 3183) 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. 3166, Permitting municipalities to stagger the terms of elected officers,
And,
H. B. 3185, Allowing county commissions to waive or reduce impact fees and capital
improvement fees of affordable housing units in their county,
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. 3166 and H. B. 3185)
were each 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. 2973, Increasing the excise tax on cigarettes and all other tobacco products,
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. 2973) was 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. 3247, Community-Based Services 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. 3247) 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. R. 22, Amending Rule 94 of the Rules of the House of Delegates, relating to increasing
the allowable number of sponsors of a bill to twenty-five,
And reports the same back with the recommendation that it be rejected.
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. 89, The "Ten Mile Creek Veteran's Memorial Bridge",
And,
S. C. R. 13, Requesting DOH name State Route 3, between Yawkey and Julian, "LCPL
Rodney A. Breedlove Memorial Highway",
And reports the same back with the recommendation that they each be adopted.
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. 26, The "Fort Pearsall Highway",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 26 - "Requesting the Division of Highways to name that portion
of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West
Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, as the "Pearsall Land Grant Historic District,"
With the recommendation that the committee substitute be adopted.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 3241, Clarifying powers and duties of certain public higher education organizations
and oversight of higher education capital facilities,
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. 3241) was referred to
the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with a title amendment, to
take effect from passage, a bill of the House of Delegates, as follows:
H. B. 2556, Resetting the expiration date of provisions that allow the employment of retired
teachers as substitutes beyond the post-retirement employment limit.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate title amendment was reported by the Clerk:
H. B. 2556 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931,
as amended, relating to resetting the expiration date of provisions that allow the employment of
retired teachers as substitutes beyond the post-retirement employment limit in certain circumstances;
requiring certain additional information be included in the affidavit submitted to the Consolidated
Public Retirement Board; requiring the affidavit be submitted to the State Board of Education; and
requiring certain additional information be included in the report to the Joint Committee on
Government and Finance and the Legislative Oversight Commission on Education Accountability."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate title
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. 124), 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. 2556) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 125), 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. 2556) 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 that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2882, Relating to the Commissioner's Assessment and Examination Fund.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2962, Increasing the amount of a fine or penalty the Commissioner of Banking may
impose on residential mortgage brokers and lenders.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 57 The "Lance Corporal John Darrell Smith Memorial Bridge".
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. 193 - "A Bill to amend and reenact §30-29-1, §30-29-2, §30-29-3 and
§30-29-5 of the Code of West Virginia, 1931, as amended, all relating to certifying law-enforcement
officers generally; expanding the responsibilities of the law-enforcement training subcommittee and
renaming it the law-enforcement professional standards subcommittee; clarifying the authority to
decertify or reactivate a law-enforcement officer's certification; adding the West Virginia Troopers
Association to the subcommittee membership; expanding duties of the Governor's committee and
the subcommittee; separating from a law-enforcement agency results in an officer's certification
becoming inactive; reactivating a law-enforcement officer's certification by the subcommittee, if
acting as the Governor's committee's designee; providing a procedure to have an officer's
certification reactivated; rehiring of officer reactivated not required; and providing for immunity
from civil liability"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 241 - "A Bill to amend and reenact §5B-1-2 of the Code of West
Virginia, 1931, as amended; to amend and reenact §5B-2-8 and §5B-2-9 of said code; and to amend
and reenact §5F-2-1 of said code, all relating generally to Division of Tourism and Tourism
Commission; clarifying that Division of Tourism and the Tourism Commission are separate entities
within Department of Commerce; modifying composition of Tourism Commission; and modifying
the Tourism Commission's annual reporting requirement"; which was referred to the Committee on
Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 243 - "A Bill to amend and reenact §11-13J-4a, §11-13J-6, §11-13J-8
and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating to the Neighborhood
Investment Program Act; specifying that board members who are affiliated, directly or indirectly,
with an applicant may not discuss or vote on the applicant's proposal; increasing total maximum
aggregate tax credits certified in any state fiscal year; specifying total maximum aggregate tax credits
allowed in any state fiscal year; extending the date for termination of the Neighborhood Investment
Program; and providing technical and clerical cleanup"; 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
Com. Sub. for S. B. 247 - "A Bill to amend and reenact §11-15-8d of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§11-15-9n, all relating to consumers sales and service tax and use tax; specifying that effective on
July 1, 2011, restrictions on exemptions by a construction contractor do not apply for certain
purchases of primary material handling equipment, racking and racking systems and their
components nor do these restrictions on exemptions apply to purchases of building materials and
certain tangible personal property if the purchaser of contracting services would be entitled to claim
a newly created exemption; specifying exemption for certain purchases of primary material handling
equipment, racking and racking systems and their components, building materials and certain
tangible personal property; specifying the application for certification of exemption and plan
describing investment to be made; specifying application and plan filing date; specifying treatment
of late filings and untimely filings of application and plan; specifying loss of exemption if
investment is not made within the expansion period; defining terms; specifying exclusions and limitations for qualified warehouses and distribution facilities; specifying exclusions and
disqualifications for failure to meet statutory criteria and requirements; specifying over-the-counter
sales restrictions; specifying manufacturing, fabrication and assembly restrictions; specifying statute
of limitations; specifying issuance of assessments against the purchaser of contracting services
entitled to the newly created exemption and not against a contractor who relied in good faith upon
validity of an exemption; specifying that the taxpayer first pay to the vendor the tax and then apply
to the State Tax Commissioner for a refund or credit; and alternative use of the direct pay permit
number"; 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
Com. Sub. for S. B. 263 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §17A-6-10d, relating to special plates for the testing of
vehicles operated by nonprofit corporations engaged in research and development of motor vehicles,
special fuels or equipment for motor vehicles; requiring written records be kept; prohibiting bonding;
requiring vehicles to be insured; and exempting the vehicles from safety inspections, but requiring
the vehicles to be safe"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 388 - "A Bill to amend and reenact §7-1-3ff of the Code of West
Virginia, 1931, as amended, relating to allowing a fire chief from a county fire company to appoint
a member of the chief's fire company to serve as the chief's designee on a property safety
enforcement agency"; which was referred to the Committee on Political Subdivisions then the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 460 - "A Bill to amend and reenact
§15-10-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §19-1A-4 of said code; and to amend and reenact
§20-7-1 of said code, all relating to clarifying that Division of Forestry natural resources police
officers are under the control and direction of the Director of the Division of Forestry; permitting the
director to enter into memorandums of understanding with other law-enforcement agencies; and
clarifying the duties of the director"; which was referred to the Committee on the Judiciary then
Finance.
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. 28 - "Requesting the Division of Highways name the intersection of Stoney Ridge,
connecting with the K.A. Ammar, Jr. Bridge at the Bluefield, West Virginia, intersection and King
Coal Highway (I-73/74 Corridor) in Mercer County, the 'Christine West Interchange'."
Whereas, Christine West has dedicated her time, energy, leadership and funds toward
building and upgrading the King Coal Highway (I-73/74) Corridor; and
Whereas, Christine West was appointed to serve as a voting member on the King Coal
Highway Authority on July 23, 1999; and
Whereas, Christine West is also a member of the National Interchange of the I-73/74,
consisting of the states of West Virginia, Virginia North Carolina, South Carolina, Michigan and
Ohio; and
Whereas, Christine West has given her time and money traveling the proposed corridor to
garner support from social and government organizations, as well as from local officials and state
and federal legislators; and
Whereas, It is fitting, that a lasting tribute be made to such an outstanding public servant
such as Christine West, whose dedication and commitment to the people of West Virginia has
spanned so many years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the intersection of
Stoney Ridge, connecting with the K.A. Ammar, Jr. Bridge at the Bluefield, West Virginia,
intersection and King Coal Highway (I-73/74 Corridor) in Mercer County, the "Christine West
Interchange"; 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 "Christine West Interchange"; 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 Christine West.
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. 29 - "Requesting the Division of Highways name the new King Coal Highway
Interchange, also known as the I-73/74 Corridor, at the intersection of U.S. Route 52 and U.S. Route
460 in Mercer County, West Virginia, 'The K.A. Ammar, Jr. Interchange'."
Whereas, K.A. Ammar, Jr. has dedicated over twenty-five years of energy, time and funds
toward the upgrading of the existing U.S. Route 52; and
Whereas, K.A. Ammar, Jr. has served as President of the Bluefield to Huntington Highway
Association, the Great Lakes to Florida Highway Association, the I-73/74 Corridor Association and
the King Coal Highway Authority; and
Whereas, K.A. Ammar, Jr. spearheaded the creation of the I-73/74 Corridor Association
in the six states included in the ISTEA and TEA21 federal legislation; and
Whereas, K.A. Ammar, Jr. has traveled the corridor gathering support from numerous social
and governmental organizations; and
Whereas, K.A. Ammar, Jr. has diligently served his community to gain the generous support
received from Congressman Nick J. Rahall, Jr., Governors Caperton, Underwood and Wise; and
Whereas, K.A. Ammar, Jr. should be recognized and honored during his lifetime by naming
the new interchange at the intersection of U.S. Route 52 and U.S. Route 460 in Mercer County as
"The K.A. Ammar, Jr. Interchange" for this distinguished and dedicated citizen of West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the King Coal Highway
Interchange, also known as I-73/74 Corridor, at the intersection of U.S. Route 52 and U.S. Route 460
in Mercer County, West Virginia, "The K.A. Ammar, Jr. Interchange"; 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 "The K.A. Ammar, Jr. Interchange"; 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 K.A. Ammar, Jr.
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. 30 - "Requesting the Division of Highways to name bridge number 03-119-16.22,
both north and southbound, the 'PFC Willie Ray Stollings Memorial Bridge'."
Whereas, Willie Ray Stollings was born February 21, 1920, and raised in Boone County,
West Virginia; and
Whereas, Willie Ray Stollings worked very hard at various jobs during the depression; and
Whereas, PFC Willie Ray Stollings was inducted into the United States Army on July 11, 1941, and trained at Camp Gordon in Florida, Fort Benning and Camp Wheeler in Georgia and Fort
Dix in New Jersey; and
Whereas, PFC Willie Ray Stollings embarked in January 1944, where he served in
European Theatre; and
Whereas, PFC Willie Ray Stollings engaged in the D-Day invasion of France with the 12th
Army Infantry, 4
th Infantry Division; and
Whereas, On June 11, 1944, PFC Willie Ray Stollings was wounded in battle and received
the Purple Heart Medal; and
Whereas, Sadly, on June 22, 1944, PFC Willie Ray Stollings succumbed to his battle
wounds; and
Whereas, It is fitting and proper, to honor PFC Willie Ray Stollings for making the ultimate
sacrifice for his country and state, by naming the bridge in his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number
03-119-16.22, both north and southbound, the "PFC Willie Ray Stollings 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 "PFC Willie Ray Stollings 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 PFC Willie Ray
Stollings.
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. 32 - "Requesting the Division of Highways to name bridge number 10-60-10.57 on US Route 60 in Gauley Bridge, West Virginia, the 'Sgt. Scott Angel Memorial Bridge'."
Whereas, Sgt. Scott Angel was born and raised in Gauley Bridge, West Virginia; and
Whereas, Sgt. Scott Angel was a graduate of Valley High School at Smithers, where he was
a quarterback for the football team and captain of the baseball team; and
Whereas, Besides playing football and baseball at school he spent time enjoying the
outdoors while hunting and fishing; and
Whereas, Sgt. Scott Angel served three tours of duty in Iraq during Operation Iraqi
Freedom; and
Whereas, While Sgt. Scott Angel was not bravely serving overseas he was a helicopter
repairman and crew chief assigned to Company, 4th Battalion, 101st Aviation Regiment, 159th
Combat Aviation Brigade, 101st Airborne Division at Fort Campbell, Kentucky; and
Whereas, While training in Alabama on September 11, 2007 he was killed in a Blackhawk
crash; and
Whereas, Sgt. Angel was survived by his loving wife Megan and his infant daughter,
Sophia; and
Whereas, In 2008, on the first anniversary of his death, the conference room at his Battalion
Headquarters at Ft. Campbell was named the "SSA Conference room" in honor of Scott and the
other two fallen soldiers involved in the Blackhawk accident; and
Whereas, He was also included in a cookbook, "Dinner with Warriors" that was published
in honor of fallen and injured soldiers from the Iraq and Afghanistan wars; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 10-60-10.57 on
US Route 60 in Gauley Bridge, West Virginia, the "Sgt. Scott Angel Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Sgt. Scott Angel Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways and the family
of the late Sgt. Scott Angel.
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. 33 - "Requesting the Division of Highways to name bridge number 26.69, on Route
16, in Wyoming County, the 'Justin Lane Haga Janes and Matthew Robert Wrenn Memorial
Bridge'."
Whereas, Justin Lane Haga Janes was born October 29, 1987; and
Whereas, Justin Lane Haga Janes was an active member of the Mullens Church of God
including the Youth Group; and
Whereas, Justin Lane Haga Janes graduated from Oak Hill High School in 2006; and
Whereas, Matthew Robert Wrenn was born November 22, 1989; and
Whereas, Matthew Robert Wrenn was an active member of the Mullens Church of God
including the Youth Group; and
Whereas, Matthew Robert Wrenn was a Senior at Wyoming East High School and was a
student at Technical Center enrolled in carpentry; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn enjoyed hunting, riding
ATVs, camping and cooking; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn often went to New Richmond
Rest Home and Mullens Manor to help with the residents; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn started mowing grass and
shoveling snow at a young age, letting people pay what they wanted and doing it for free for those
who could not afford to pay anything; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn built a cabin out of logs that they cut themselves and stayed there on weekends, but came home early on Sunday morning in time
for church; and
Whereas, Sadly, Justin Lane Haga Janes and Matthew Robert Wrenn left this earth on
November 26, 2007, and November 27, 2007, after succumbing to injuries from an automobile
accident; and
Whereas, Justin Lane Haga Janes and Matthew Robert Wrenn left behind their loving
families and a host of friends; and
Whereas, It is fitting, to honor Justin Lane Haga Janes and Matthew Robert Wrenn, by
naming this bridge in their memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 26.69,
on Route 16, in Wyoming County, the "Justin Lane Haga Janes and Matthew Robert Wrenn
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 "Justin Lane Haga Janes and Matthew Robert Wrenn
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 families of Justin Lane Haga
Janes and Matthew Robert Wrenn.
Motions
The Clerk read a written motion, heretofore submitted by Delegate J. Miller, which was as
follows:
"Mr. Speaker, I move, pursuant to House Rule 90, to create a Special Committee on Implementing
Federal Healthcare Reform.
The special committee shall consist of nine members, six Democrats and three Republicans. The
Speaker shall appoint the Democrats and the Minority Leader shall point the Republicans. The This special
committee's object shall be to determine the best way to implement federal healthcare reform in West Virginia."
On motion of Delegate Boggs, the foregoing written motion by Delegate J. Miller was laid
over.
Special Calendar
Unfinished Business
H. C. R. 7, The "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial
Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
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 S. B. 382, Specifying activities entitling certain members of National Guard
or reserve to leave of absence; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 126)
and there were yeas 100, nays none and absent and voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 382) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 382 - "A Bill to amend and reenact §15-1F-1 of the Code of West
Virginia, 1931, as amended, relating to 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;
setting the maximum number of hours eligible for leave in an a calendar year; and limiting
applicability to public officials and employees permanently employed."
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. 2639, Authorizing miscellaneous boards and agencies to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
Delegate Ferns requested to be excused from voting on the passage of
Com. Sub. for H. B. 2639 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse the Gentleman member from voting.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 127),
and there were--yeas 81, nays 19, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Ashley, Cowles, Duke, Ellington, Evans, Gearheart, Householder,
Howell, Kump, Lane, J. Miller, O'Neal, Overington, Romine, Savilla, Sobonya and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2639) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 128), and there were--yeas 83, nays
17, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Householder,
Howell, Kump, J. Miller, O'Neal, Overington, Savilla, Snuffer and Walters.
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. 2639) 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. 2791, Requiring the Superintendent of the State Police to implement a plan to increase
the number of troopers; 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. 129),
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 (H. B. 2791) 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. 2889, Creating the "Jason Flatted Act of 2011"; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 130),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Sigler.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2889) 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. 2971, Relating to the definition of the term "durable medical equipment"; 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. 131),
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 (H. B. 2971) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 132), 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. 2971) 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. 2993, Relating to the West Virginia Commercial Patents Incentives Tax Act; on third
reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.
There being no amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 133),
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 (H. B. 2993) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2993 - "A Bill to amend and reenact §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-
13AA-7, §11-13AA-11 and §11-13AA-12 of the Code of West Virginia, 1931, as amended, all
relating to modifying the provisions of the West Virginia Commercial Patents Incentives Tax Act
generally; defining terms; providing for tax credit carryover and accrual; restricting eligibility for tax
credit; providing for disallowance of tax credit; providing for strict construction; and retroactively
adjusting the effective date of the provisions of the Act."
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. 3003, Relating to leave of absence for members of the National Guard
or Armed Forces Reserves who are also public officials and employees; on third reading, coming up
in regular order, was, on motion of Delegate Boggs, laid upon the table.
Com. Sub. for H. B. 3060, Providing a different procedure for determining the credit for
utility taxpayers with net operating loss carry over relating to the corporation net income tax; 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. 134),
and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Householder and J. Miller.
Absent and Not Voting: Kump.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3060) 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. 2208, Providing for actual costs to be paid for municipal audits and
reducing the cap on audits for Class IV municipalities,
Com. Sub. for 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,
Com. Sub. for H. B. 3032, Relating to emergency powers of the Secretary of State,
And,
Com. Sub. for H. B. 3145, Providing a one-time bonus to certain annuitants of the Public
Employees Retirement System and the State Teachers Retirement System.
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. 507, Continuing Broadband Deployment Council,
Com. Sub. for H. B. 2096, Relating to arts, entertainment and enterprise districts,
Com. Sub. for H. B. 2479, Relating to anesthesia,
Com. Sub. for H. B. 2745, Providing that certain information provided by insurance
companies to the Insurance Commissioner is confidential,
Com. Sub. for H. B. 2796, Relating to professional licensing boards,
Com. Sub. for H. B. 2969, Requiring the disclosure of the number of stamps by brand name that have been purchased from a nonparticipating tobacco product manufacturer,
H. B. 3000, Making it lawful to hunt coyotes with a green colored light,
Com. Sub. for H. B. 3061, Creating a volunteer certification so that a health or mental health
professional may provide volunteer services in this state without having to have a license issued by
this state,
H. B. 3100, Permitting the sale of liquor on election day,
H. B. 3134, Relating to child support enforcement,
And,
H. B. 3162, Relating to polygraph examinations required as a condition of supervision for
certain sex offenders.
At 12:03 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
* * * * * * *
Evening Session
* * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving Committee Reports.
Committee Reports
Chairman 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:
S. B. 222, Relating to Municipal Police Officers and Firefighters 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 (S. B. 222) 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. 3119, Increasing the expenditure limit on public service district construction and
purchase contracts,
And reports the same back with the recommendation that it 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 (H. B. 3119) to the Committee on Finance
was abrogated.
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. 3126, Requiring a railroad company to provide pesticide safety information,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3126 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §31-2-16, relating to railroad companies providing
pesticide safety; requiring a railroad company to provide pesticide safety information at a central
location accessible to employees of the railroad company and to the public and local communities
along the right-of-way treated by pesticide use; and requiring a railroad company to provide pesticide
safety training annually to its employees who work along railroad rights,of,way and in rail yards,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3126) to the Committee
on the Judiciary was abrogated.
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. 3163, Relating to workers' compensation programs of state government entities,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Government Organization be dispensed with, but that it be referred to the Committee on the
Judiciary.
In the absence of objection, reference of the bill (H. B. 3163) to the Committee on
Government Organization was abrogated.
In accordance with the former direction of the Speaker, the bill was then referred to the
Committee on the Judiciary.
Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23
rd
day of February, 2011, presented to His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(S. B. 184), Relating to disposition of remains of military service member who dies while
serving in military,
(S. B. 200), Correcting names of state institutions of higher education,
(S. B. 255), Making supplementary appropriation of unappropriated moneys to various
accounts,
And,
(S. B. 342), Making supplementary appropriation to Governor's Office--Civil Contingent
Fund.
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. 3205, Reducing jail sentence for successful completion of education and rehabilitation
programs,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3205 - "A Bill to amend and reenact §31-20-5d of the Code of West
Virginia, 1931, as amended, relating to providing persons convicted of a criminal offense and
sentenced to confinement in a regional jail a reduction in sentence for successful completion of
education and rehabilitation programs; increasing the time permitted by a sentence reduction from
one day to five days per program; adding an alcohol awareness program to the programs offered;
increasing the total time permitted by sentence reduction to thirty days; and establishing an
enrollment fee for each program,"
And reports the same back 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. 3205) to the Committee
on Finance was abrogated.
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. 2986, Relating to forest fire seasons,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2986 - "A Bill to amend and reenact §20-3-5 of the Code of West
Virginia, 1931, as amended, relating to regulation of outdoor burning; modifying prohibited and
permissible fire times and seasons; revising the procedure for obtaining a burning permit; increasing
permit fees; exempting agriculture from permit fees; setting forth fire control requirements; and
establishing criminal and civil penalties,"
And,
H. B. 3105, Providing immunity from civil or criminal liability for first responders who use
forced entry to a residence,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3105 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §55-7-26, relating to immunity from civil and criminal
liability for first responders who use forced entry in response to a 911 call,"
With the recommendation that the committee substitutes each 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. 2985, Updating the Logging Sediment Control Act,
And,
H. B. 3114, Allowing the development and operation of a nursing home on the grounds of
a critical access hospital meeting certain restrictions,
And reports the same back with the recommendation that they each do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3172, Including certain employees of the office of the West Virginia Alcohol Beverage
Control Commissioner be included in the classified service,
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. 3172) 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. 3214, Designating specific criteria for seals of commissioners appointed by the
Governor to acknowledge signatures,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3214 - "A Bill to amend and reenact §29-4-15 of the Code of West
Virginia, 1931, as amended, relating to designating specific criteria for seals of notary
commissioners,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2992, Authorizing the equal pay commission to study the "glass ceiling" concept,
And,
H. B. 3209, Permitting the Secretary of State to dissolve a corporate entity if its professional
license has been revoked,
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. 2992 and H. B. 3209)
were each 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. 2958, Allowing the West Virginia Racing Commission to use certain permit and
registration fees to pay salaries and other budgeted expenses,
And,
H. B. 3204, Creating the West Virginia Enterprise Resource Planning Board and Executive
Committee,
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. 2958 and H. B. 3204)
were each 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. 3222, Authorizing the Secretary of State to charge fees for current electronic and online
services,
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. 3222) was referred to
the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
On motion for leave, bills were introduced (Originating in the Committee on Finance and
reported with the recommendation that they each do pass), which were read by their titles, as
follows:
By Delegates Williams, Mahan, Marshall, Stowers, Iaquinta, D. Poling, L. Phillips,
Manchin, Reynolds, Guthrie and Walters:
H. B. 3268 - "A Bill to amend and reenact §11-6B-2 of the Code of West Virignia, 1931, as
amended, and to reenact §11-6B-4 of said code, all relating to who may claim a homestead
exemption for purposes of ad valorem property taxes and providing that surviving spouse of a
claimant must refile to retain the homestead exemption after the death of a claimant,"
And,
By Delegates White, T. Campbell, M. Poling, Kominar, Marshall, Mahan, Williams,
Varner, Anderson, Border, and Ashley:
H. B. 3269 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to reducing state income tax liability for certain retired public employees,
certified by proper authority as permanently and totally disabled, and surviving spouses; increasing
the amount of retirement income received from certain state and federal retirement systems that is
excluded from the calculation of income subject to state personal income taxes; and establishing an
effective date for the increased exclusion."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 3267, Providing an additional decreasing modification reducing federal adjusted gross
income for income earned by certain military personnel and their spouses,
And reports the same back with the recommendation that it 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. 238 - "A Bill to amend and reenact §4-10-8 of the Code of West
Virginia, 1931, as amended; to amend and reenact §5F-1-2 of said code; to amend and reenact
§5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §9A-1-1,
§9A-1-2 and §9A-1-4 of said code; and to amend said code by adding thereto four new sections,
designated §9A-1-1a, §9A-1-1b, §9A-1-1c and §9A-1-1d, all relating to redesignating the Division
of Veterans' Affairs as the Department of Veterans' Assistance within the executive branch;
establishing the time period for review of the Department of Veterans' Assistance by the Joint Standing Committee on Government Organization and the Joint Committee on Government
Operations; providing that the Veterans' Council be part of the Department of Veterans' Assistance;
providing that the department be supervised by a secretary-level administrator; establishing the salary
of the secretary; providing an effective date for redesignation; making other changes to the code to
comport with the amendment; and providing technical and clerical cleanup"; 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. 282 - "A Bill to amend and reenact §17-2D-2 and §17-2D-5 of the Code
of West Virginia, 1931, as amended, all relating to continuing the pilot Highway Design-Build
Program; increasing the annual amount allowed to be spent on design-build projects; authorizing
additional projects after the effective date of this amendment; and providing that individuals
involved in the preliminary planning of a design-build project will not be authorized to participate
in the team selected to construct the project"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 344 - "A Bill to amend and reenact §11-6F-2 and §11-6F-3 of the Code
of West Virginia, 1931, as amended, all relating to reducing the required original cost of
manufacturing facilities and reducing the required cost of the capital addition when determining
eligibility for the special method for appraising such property; and excluding unimproved real
property from the measure of the certified capital addition property"; 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 July 1, 2009,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 474 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §55-8-16, relating to choice of law products' liability
claims that are based upon prescription drug manufacturer's alleged failure to warn"; which was
referred to the Committee on Health and Human Resources then 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. 514 - A Bill to amend and reenact §18B-17-2 of the Code of West Virginia, 1931, as
amended, relating to higher education; legislative rules; and authorizing a rule for the Higher
Education Policy Commission regarding authorization of degree-granting institutions"; which was
referred to the Committee on Education 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. 538 - A Bill to amend and reenact §18B-3D-5 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §18B-3D-6, all
relating to establishing the Learn and Earn Cooperative Education Program; authorizing expenditure
of certain funds; defining eligibility to receive funding; setting terms for required cash match; and
requiring legislative and emergency rules"; which was referred to the Committee on Education then
Finance.
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. 10 - "Requesting March 30 annually be designated as 'West Virginia Vietnam
Veterans Recognition Day'."
Whereas, Vietnam Veterans have not received the recognition they so rightly deserve for
serving our country so bravely; and
Whereas, Since their return from Vietnam, many veterans have been forgotten and left to
fight serious illnesses on their own without help from the people these veterans fought to protect;
and
Whereas, The Vietnam War was fought in Vietnam from 1961 to 1975 where more than
58,000 members of the United States Armed Forces lost their lives and more than 300,000 were
wounded; and
Whereas, In honor of the 3,000 men and women of West Virginia who served in the Armed
Forces in Vietnam during the conflict on behalf of the nation and in honor of the 749 West
Virginians listed on the Vietnam Memorial Wall in Washington, DC and Charleston, West Virginia;
and
Whereas, March 30, 1975 was the day the United States Armed Forces completed
withdrawal of combat troops from Vietnam; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests March 30 annually be designated as "West Virginia Vietnam
Veterans Recognition Day"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor.
At 5:40 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 24,
2011.
Webmaster | © 2024 West Virginia Legislature **
