hdj2011-02-25-45
__________*__________
Friday, February 25, 2011
FORTY-FIFTH 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 Thursday, February 24, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegate Michael offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 100 - "Requesting the Joint Committee on Government and Finance to study the
need for legislation to clarify the law relating to the right of disposition of a deceased person's
remains."
Whereas, There is a need in this state to provide for a more clearly delineated right of
disposition to reduce potential conflicts as to who has the right to make decisions regarding the disposition of the remains of a deceased person; and
Whereas, In this state too many conflicts arise between loved ones of the deceased or other
persons with legal status as to the deceased over such important and emotionally charged decisions
as the location, manner and conditions of disposition of the deceased's remains, and other
arrangements for funeral goods and services; and
Whereas, The National Funeral Directors Association has proposed a model "Right of
Disposition Law" to better address the problems which arise relating to the right of disposition of
a deceased person's remains; and
Whereas, This model "Right of Disposition Law" would serve as a good basis for
developing and implementing legislation to address this issue; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
of the need for legislation to clarify the law relating to the right of disposition of a deceased person's
remains; 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.
Delegates T. Campbell, Mahan, Crosier and Canterbury offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 101 - "Requesting that bridge number 13-64-172.62 on Interstate 64 in Greenbrier
County, West Virginia be named the 'PFC Ralph Lewis Boone Memorial Bridge'."
Whereas, Ralph Lewis Boone was born on December 6, 1925, in Ronceverte, West Virginia; and
Whereas, Ralph Lewis Boone enlisted in the United States Marine Corps and was a private
in First Platoon, "H" Company, 6
th Marine Division; and
Whereas, Ralph Lewis Boone arrived in Okinawa on April 1, 1945 and died in action in
service to his country on the Ryuku Islands on April 16, 1945; and
Whereas, Ralph Lewis Boone was awarded the Purple Heart, the Presidential Unit Citation
Ribbon Bar with Star, the Asiatic-Pacific Campaign Medal, and the World War II Victory Medal;
and
Whereas, Ralph Lewis Boone served his country and his state with honor and distinction
and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 13-64-172.62 on
Interstate 64 in Greenbrier County, West Virginia, the "PFC Ralph Lewis Boone Memorial Bridge";
and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "PFC Ralph Lewis Boone Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the family of Ralph Lewis Boone.
Delegate Hunt offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 102 - "Requesting the West Main Street Bridge which crosses over the Coal River
in St. Albans, Kanawha County, West Virginia, specifically bridge number 20-60/14-3.64, be named
the 'Norbert E. Eagloski Memorial Bridge'."
Whereas, Norbert Edward "Norb" Eagloski of St. Albans, passed away Friday, April 30,
2010, at CAMC Memorial Division. He was born February 23, 1923, in Iron River, Michigan, the first born son of the late Vincent and Anna Eagloski, both of whom immigrated from Poland. Norb
had four siblings: Delphine Eagloski Belkawitz, Vincent Eagloski, David Eagloski, and Ruth
Eagloski Ostrowski. Norb grew up on a farm in Iron River, attended a one-room school and then
went on to high school where he played ice hockey and football. He worked in the iron ore mines
in the Upper Peninsula of Michigan and for General Motors in Chicago, Illinois, before enlisting in
the military. During World War II he was assigned to the United States Army Air Corps where he
obtained the rank of Technical Sergeant. He was stationed at Delphian Green Airfield, England with
the 8th Air Force, 452nd Bomb Group, 730th Bombing Squadron and was the flight engineer on the
B-17 named "Rose-Etta", after the pilot's young daughter. Norb flew thirty bombing missions over
Germany including the infamous attacks against the Schweinfurt ball bearing plants and the German
submarine pens. He was awarded many commendations for his heroism, including the Army Air
Corps "Distinguished Flying Cross"; and
Whereas, Norb Eagloski remained committed and dedicated to his fellow veterans
throughout his life, making many donations and trips to the Veterans Hospital in Barboursville ,
West Virginia. Upon his discharge, Norb returned to Michigan where he graduated from Michigan
State University with the aid of the GI Bill. There he met the love of his life, Peggy. They were
married in La Plata, Maryland on July 3, 1947. Norb earned a degree in agricultural engineering and
animal husbandry and Peggy received her degree in dietetics. Upon graduation, Norb's first job was
with Michigan State University's Extension Agricultural Program where he traveled throughout
Michigan teaching agricultural and animal husbandry classes. In the early 1950s, he brought his
family to South Charleston where his wife had grown up. In the later fifties, he built a home on the
banks of the Coal River in St. Albans where he lived until his passing. Norb and Peggy had five
children all of whom still live in the Kanawha Valley/Teays Valley area. They are: Sharon L.
Eagloski Kinder, whose husband is Raymond L. Kinder; Karen J. Eagloski; the Honorable Patti Ann
Eagloski Schoen whose husband is Charles F. Schoen; Cathryn S. Eagloski whose husband is Joseph
J. McQuaide; and the Honorable N. Edward Eagloski II. A prominent citizen of St. Albans, Norb was president of Intercity Realty Company and a general contractor by trade. He was a founding
member and Life Director of the West Virginia Home Builders of Greater Charleston, a Life Director
of the West Virginia Home Builders Association, a member of the National Home Builders
Association and the West Virginia Landlords and Tenants Association. He enjoyed teaching others
his skills and was attributed with giving many successful contractors their start in the business. He
was a member of Saint Francis of Assisi Catholic Church and served on various church committees,
contributing his time and talents. He also was a member of the Knights of Columbus; and
Whereas, His personal humility and honesty are the characteristics that made him large in
stature. His handshake was his word and he believed one should always leave things better than the
way one found them. Norb was preceded in death by his loving wife of almost sixty years, Margaret
Louise "Peggy" (Lillie) Eagloski and his brother, David Eagloski. He was extremely proud of his
seven grandchildren, always encouraging and challenging them to do their best, telling them "the
sky's the limit". His grandchildren are: Carl Kinder M.D.; Cindy Kinder Keith and her husband,
Rob Keith, M.D.; Lisa Kinder Pattison, PhD. and her husband, Morgan Pattison, PhD.; Rebecca
Schoen Balenovich, Esq. and her husband, John Balenovich, Esq.; David V. Schoen; and Capt
Christina M. McQuaide, USAF. One of Norb's greatest joys was to interact and be with his ten
great-grandchildren: Audrey Keith, Kaytlyn Keith, Robert Keith, Raymond Keith, Brendan Keith,
Carter Morgan, Ella Rose Morgan, Tyler Francis Degnan-Schoen and Carson-David Maxwell
Schoen; and
Whereas, Norbert Edward "Norb" Eagloski was a man dedicated to serving his country,
community and family and will be missed by all who knew him and is deserving of this tribute;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the West Main Street Bridge
which crosses over the Coal River in St. Albans, Kanawha County, West Virginia, specifically
bridge number 20-60/14-3.64, the "Norbert E. Eagloski Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Norbert E. Eagloski Memorial Bridge";
and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the surviving family of Norbert E.
Eagloski.
Delegates Morgan, Mr. Speaker, Mr. Thompson, and Delegates Reynolds, Stephens,
Sobonya, C. Miller, Ennis, Varner, Ellem, Perdue, Butcher, White, Moore, Mahan, Swartzmiller,
Storch, Pethtel, Paxton, Rodighiero, L. Phillips, Frazier, Givens, Ferro, D. Poling, Martin, Barker,
Stowers, Hall, Moye, Canterbury, Staggers, Hunt, Skaff, Walker, D. Campbell, M. Poling, Fragale,
Manchin, Marshall, Shaver, Perry, Brown, Guthrie, Boggs, Smith, Miley, Manypenny, Longstreth,
Barill, Rowan, Wells, Hatfield, Poore, Talbott, Hamilton, Iaquinta, Caputo, Fleischauer, Williams
and Lawrence offered the following resolution, which was read by the Clerk as follows:
H. C. R. 103 - "Requesting the Division of Highways to name the bridge on WV 2, spanning
the Guyandotte River, .08 miles east of US 60, as the 'Lt. Ronnie D. Ferrell Memorial Bridge'."
Whereas, Lieutenant Ronnie D. Ferrell was born on June 22, 1946, in Huntington, the son
of Oscar Ferrell and Harriett Knight Ferrell; and
Whereas, Lieutenant Ferrell grew up in Cabell County and attended the Beverly Hills
Church of Christ in Huntington; and
Whereas, Lieutenant Ferrell enlisted in the U. S. Army in 1966, served in combat in
Vietnam and was promoted to the rank of sergeant before being honorably discharged in 1966; and
Whereas, Lieutenant Ferrell worked as an electrician at INCO from 1968 to 2002 and served
as shop steward, United Steel Workers "USW" Local 40 from 1990 to 2002, served as president of
the Steel Workers Retirees "SOAR" from 2004 to 2008, he established the Memorial of Fallen
Members for the 14 workers that have lost their lives supporting their families while working at INCO. This memorial was dedicated in 2001 by Congressman Rahall; and
Whereas, Lieutenant Ferrell is a Hall of Fame member of the Southwestern District Central
Labor Council AFL-CIO; and
Whereas, Lieutenant Ferrell was an officer with the Barboursville Police Department from
1975 to 1986 and attained the rank of lieutenant; and
Whereas, Lieutenant Ferrell was a member of the Board of Directors for the Cabell
Huntington Hospital from 2005 to 2009, was a member of Minerva Lodge No. 13 AF&AM, the
American Legion Post 177 of Barboursville and the VFW Post 9738 of Guyandotte; and
Whereas, Lieutenant Ferrell was instrumental in keeping the names and memories of those
who served their country well by working for many years unofficially with the Legislature to secure
and place plaques on state bridges honoring and commemorating our state residents who served in
the United States Armed Forces; and
Whereas, In his unofficial capacity Lieutenant Ferrell gathered information, performed
research on the state's bridges and our many veterans and arranged for the ceremonies both at the
Legislature, including assisting the presence of family members, and at the bridges themselves; and
Whereas, Lieutenant Ferrell passed away on December 18, 2009 at the Emogene Dolin
Jones Hospice House having been under the care of Dr. Gabriella Ballester; and
Whereas, It is fitting to honor Lieutenant Ferrell for his service to his community, his state,
his country and the invaluable service to this Legislature by naming the bridge on WV 2, spanning
the Guyandotte River, .08 miles east of US 60, as the "Lt. Ronnie D. Ferrell Memorial Bridge";
therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the bridge on WV
2, spanning the Guyandotte River, .08 miles east of US 60, as the "Lt. Ronnie D. Ferrell Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Lt. Ronnie D. Ferrell Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation; to his wife, Cathy Mace Ferrell; his
son, Ronnie Dale "RD" Ferrell; his daughter, Beth Ingels and her husband, Daniel Ingels; his sister,
Charlotte Blake; his grandson, Bryson Ingels; Silas Beam, whom he thought of as a grandson; Dr.
Gabriella Ballester and her staff at the Emogene Dolin Jones Hospice House; the VFW Post 9738
of Guyandotte; United Steel Workers "USW" Local 40; and to the Southwestern District Central
Labor Council AFL-CIO.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 103) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Fleischauer, Barill, Marshall and Pasdon offered the following resolution, which
was read by the Clerk as follows:
H. R. 30 - "Recognizing the many contributions of the Proud Students Against Land Mines
(PSALM) at the St. Francis de Sales Central Catholic School."
Whereas, PSALM's goal is a mine and cluster bomb free world for all children. PSALM
students have collected medical supplies for land mine victims in Nicaragua, provided a prosthetic
device for a young Bosnian land mine victim, raised funds to train mine detection dogs, and
sponsored three water wells in land mine affected regions of Cambodia; and
Whereas, PSALM students have joined with over 300 non-governmental organizations in
80 countries to launch a worldwide campaign to urge governmental support to ban cluster bombs;
and
Whereas, PSALM students have made presentations at the West Virginia Capitol for
Diocesan Legislative Days, Social Justice Awareness Day at the Pope John Paul Center in Washington, DC, and were published in a book about peace along with 8 Nobel Peace Laureates;
and
Whereas, Land mines and cluster munitions pose a grave danger to civilians in situations
of conflict because of the indiscriminate way the weapons are designed to scatter explosives over
wide swaths of land and continue to endanger civilians long after a conflict is over; and
Whereas, Land mines and cluster munitions have killed or maimed more people than
nuclear, chemical and biological weapons combined; therefore, be it
Resolved by the House of Delegates:
That the House hereby recognizes the many contributions of the Proud Students Against Land
Mines (PSALM) at the St. Francis de Sales Central Catholic School; and, be it
Further Resolved, That the House extends its sincere appreciation to these committed
students who unselfishly work to save civilians, families and children from the damaging effects of
land mines and cluster munitions; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the students that participate in the Proud Students Against Land Mines (PSALM) organization and
the PSALM Coordinator at the St. Francis de Sales Central Catholic School.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 30) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Fleischauer asked for the
yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 139), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 30) adopted.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and
reported with the recommendation that it be adopted), which was read by its title, as follows:
By Mr. Speaker, Mr. Thompson:
H. R. 29 - "Amending House Rule 93, relating to the number of bills to be presented."
Resolved by the House of Delegates:
That Rule 93 of the Rules of the House of Delegates be amended to read as follows:
Bills to Be Presented in Quadruplicate Duplicate
93. All bills for introduction shall be presented in
quadruplicate duplicate, bearing the name
of the first-named sponsor and the name or names of all sponsors by whom they are to be introduced.
The original copy shall constitute the official bill for use of committees and for the permanent files
of the House,
one copy shall be used for printing and copying, one for the use and accommodation
of the news media and one
copy shall be for the Clerk's office files.
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. 3031, Authorizing professional licensing boards to obtain criminal history record
checks,
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. 3224, Removing annual credit cap for expansion projects,
And reports the same back with the recommendation that it do pass.
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 24
th
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. 205), Updating certain terms in Corporation Net Income Tax Act,
(S. B. 215), Updating certain terms in Personal Income Tax Act,
And,
(S. B. 254), Making supplementary appropriation of federal funds to Development Office
and Division of Human Services.
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. 3082, Including the surviving spouse and a designated individual previously chosen
by the deceased as a person who may designate the manner of disposition of a deceased person's
body,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3082 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating
to professions and occupations; board of funeral service examiners; definitions; specifically
including the surviving spouse and a designated individual previously chosen by the deceased as a
person who may designate the manner of disposition of a deceased person's body; crimes and their
punishment; postmortem examinations; permits required for cremation; criminal penalties; and
establishing an order of precedence among persons as to disposition of remains,"
And,
H. B. 3202, Relating to residential rental security deposits,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3202 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5 and
§37-6A-6, all relating to residential rental security deposits; relevant definitions; security deposits;
maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's
noncompliance; application of article; security deposits prior to effective date of article,"
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. 2513, Relating to the practice of pharmacy,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2513 - "A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-
5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-12a, §30-5-12b, §30-5-14a,
§30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as
amended; to amend and reenact §16-5A-9a of said code; to amend and reenact §30-5-1, §30-5-2,
§30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-
5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22,
§30-5-23, §30-5-24 §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code;
to amend said code by adding thereto three new sections, designated §30-5-31, §30-5-32, §30-5-33
and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to the practice of
pharmacist care; prohibiting the practice of pharmacist care without a license; permitting a licensed
practitioner to dispense in certain settings; providing other applicable sections; providing definitions;
providing for board composition; setting forth the powers and duties of the board; clarifying
rule-making authority; continuing a special revenue account; establishing license, registration and
permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal
requirements; providing for exemptions from licensure; providing requirement to participate in
collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring the registration of pharmacies requiring a permit for mail-order pharmacies and manufacturing of drugs;
providing requirements of filling prescriptions; providing requirements for the display of a board
authorization; permitting the board to file an injunction; setting forth grounds for disciplinary
actions; allowing for specific disciplinary actions; providing procedures for investigation of
complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing criminal penalties; and updating
references,"
H. B. 3194, Increasing the age of consent that a minor may refuse mental health treatment,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3194 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code
of West Virginia, 1931, as amended, all relating to the voluntary hospitalization at mental health
facilities; relating to the voluntary admission of minors into a mental health facility for mental
illness, intellectual disability or addiction; removing the requirement that the minor's consent be
secured before they are voluntarily admitted to a mental health facility if the minor is twelve years
of age or older; requiring the consent or an emancipated minor before he or she is voluntarily
committed; standards and procedures for releasing a minor who is fourteen years of age or older from
voluntary hospitalization, when the minor objects to the admission or treatment; standards and
procedures for the releasing a minor from voluntary hospitalization when the adult who sponsored
the admission withdraws his or her consent; relating to the release of the unemancipated minor's
drug addiction and treatment records to a parent or legal guardian; and clarifying that the state is not
obligated to pay for voluntary hospitalization,"
And,
H. B. 3243, Relating to appointments or promotions to positions in paid municipal fire
departments,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3243 - "A Bill to amend and reenact §8-15-11 of the Code of West Virginia, 1931, as amended, relating to appointments to the position of fire chief in paid municipal
fire departments not covered by civil service,"
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. 2878, Hydraulic Fracturing and Horizontal Drilling Gas Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2878 - "A Bill to amend and reenact §22-6-1, §22-6-8 and §22-6-9 of
the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new
article, designated §22-6A-1,§22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-
6A-8, §22-6A-9, §22-6A-10, §22-6A-11,§22-6A-12 and §22-6A-13; and to amend and reenact §22-
7-3 of said code, all relating to the regulation of oil and gas wells; providing definitions; requiring
disclosure of binding contract; providing additional notice requirements to surface owners; requiring
operators to take certain actions to assist surface owners; establishing new regulatory scheme for
horizontal shallow wells; providing purpose and findings for horizontal shallow wells regulation;
requiring compliance with other programs; requiring certification from department of highways;
establishing well location restrictions an exceptions thereto; providing agency inspection
requirements; authorizing predrilling water well inspections; requiring hydraulic fracturing fluids
monitoring, recordkeeping and reporting requirements; providing requirements associated with pits
and impoundments; establishing a water management plan; establishing requirements relating to
water withdrawals; providing limitations on local ordinances; prohibiting construction on certain
surface owners without authorization; requiring reports to the legislature; establishing permit
application rule-making authority; and expanding timber compensation requirements for lost timber
removed during oil and gas well activities,"
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. 2878) to the Committee
on Finance was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2876, Expanding eligibility for subsidies to enrollees in the model health plan,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2876 - "A Bill to amend and reenact §33-48-7b of the Code of West
Virginia, 1931, as amended, relating to expanding eligibility for subsidies to enrollees in the model
health plan for uninsurable individuals; and providing for emergency and legislative rules,"
H. B. 2879, Providing a one-time, nonbase building, supplemental salary increase for all
eligible state employees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2879 - "A Bill to repeal §18A-4-5c and §18A-4-5d of the Code of West
Virginia, 1931, as amended; to amend and reenact §15-2-5 of said code; to amend and reenact
§18A-4-2, §18A-4-5 and §18A-4-8a of said code; and to amend and reenact §20-7-1c of said code,
all relating to salaries for certain public employees; increasing annual salaries for members of the
state police; increasing minimum salaries of public school teachers; providing for salary equity
payments; increasing minimum salaries of school service personnel; and increasing annual salaries
for members of natural resources police officers,"
H. B. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to
coal mine operators,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2955 - "A Bill to amend and reenact §22-3-7, §22-3-8 and §22-3-19 of the Code of West Virginia, 1931, as amended, all relating to environmental resources; surface coal
mining and reclamation act; and fees assessed to coal mining operators by the Division of Mining
and Reclamation,"
And,
H. B. 3054, Relating to DNA data collection,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3054 - "A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7,
§15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B-16, all
relating to the collection and use of DNA data generally; providing for the collection of DNA
samples from certain persons; providing for a penalty of contempt for a person refusing to furnish
a DNA sample pursuant to a court order; and authorizing the West Virginia State Police to collect
certain fees for DNA testing,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Mahan, Williams, Guthrie, M. Poling, Marshall, Campbell, White,
Border, Anderson and Walters:
H. B. 3270 - "A Bill to amend and reenact §4-2-5 of the code of West Virginia, 1931 as
amended, relating to the powers and duties of the Legislative Auditor; allowing reports to be
generated by the Legislative Auditor and authorizing audits of state funds."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 3075, Increasing the time period in the hold-harmless provision when distributing state
aid to local health departments,
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. 3137, Providing for additional circumstances giving rise to "state 'on' indicators" for
purposes of extended unemployment compensation,
And reports the same back, with title amendment, with the recommendation that it do pass,
as amended.
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. 2437, Requiring that cutter heads, long wall shears and other mining machines
automatically shut-off when the methane level reaches one percent,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2437 - "A Bill to amend and reenact §22A-2-43 of the Code of West
Virginia, 1931, as amended, relating to Office of Miners' Health, Safety and Training implementing
new requirments; and to require study of requiring installation of mining machines automatic shut-
offs when methane is detected,"
H. B. 2524, Relating to the practice of speech-language pathology and audiology,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2524 - "A Bill to repeal §30-32-23 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6,
§30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-15,
§30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20 and §30-32-21 of said code, all relating to the practice of speech-language pathology and audiology; prohibiting practice without a license;
providing exemptions; specifying applicability of other law; providing definitions; continuing the
Board of Examiners for Speech-Language Pathology and Audiology; specifying qualifications of
board members; providing terms and conditions of board members' service; providing for election
of board officers; providing for compensation and expense reimbursement of board members; setting
forth powers and duties of the board; providing rule-making authority; continuing the Board of
Examiners for Speech-Language Pathology and Audiology Fund; providing qualifications for
practicing speech-language pathology or audiology; providing for provisional licenses to practice
while attaining required postgraduate professional experience; providing for waiver of requirements
for persons who hold a license from another state with substantially equivalent standards; providing
for practice pending disposition of application; requiring a license to practice in public schools;
providing requirements for attaining a license to practice in public schools; providing scopes of
practice for speech-language pathology and audiology; requiring speech-language pathology
assistants and audiology assistants to register with the board; providing registration and supervision
requirements for speech-language pathology assistants and audiology assistants; requiring a license
to telepractice; providing conditions and requirements for telepractice; providing for renewal of
licenses and registrations; providing for renewal of lapsed licenses and registrations; providing for
the suspension, revocation and refusal to renew licenses and registrations; providing for the
reinstatement of revoked licenses and registrations; authorizing actions to enjoin violations;
providing for the investigation of complaints; setting forth complaint procedures and hearing
procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial
review; providing that a single act is sufficient to justify disciplinary action; providing for criminal
proceedings; and providing for criminal penalties,"
And,
H. B. 2888, Strengthening of protections for whistleblowers of unsafe working conditions
in mines,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2888 - "A Bill to amend and reenact §22A-1-22 of the Code of West
Virginia, 1931, as amended, relating to the strengthening of protections for whistleblowers of unsafe
working conditions in mine; directing the Office of Miners' Health, Safety and Training to conduct
a study and report to the Legislature,"
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. 3096, Instituting new rules for hiring and firing of law-enforcement officers that leave
a training academy,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
The Speaker presented annual reports from various state agencies as required by the
provisions of law, as follows:
Catastrophic Illness Fund, James "Tiger" Morton
Corrections, Division of
Court of Claims
Dentists and Dental Hygenists, Board of - 2009, 2010
Environmental Protection, Department of
Special Reclamation Fund Advisory Council
Stream Restoration Fund
Forestry, Division of
Logging Sediment Control Act
Managed Timberland Impact Assessment
Health and Human Resources
Newborn Hearing Screening Project, WV
Higher Education Policy Commission - Student Veterans
Initiatives Combined Report
Joint Committee on Government and Finance
Medicine, Board of
Motor Vehicles, Division of
Motorcycle Safety Awareness Program Board
Motor Vehicle Test and Lock Program (Interlock)
Osteopathy, Board of
Parole Board, WV
Prosecuting Attorneys Institute
Public Defender Services
Psychologists, Board of Examiners of
Regional Jail and Correctional Facility Authority,
Legislative Oversight Committee on
Senior Services, Bureau of
Stringing Report, Purchasing Division
Special Investigations, Commission on
Speech, Language, Pathology and Audiology, Board of
Examiners
Treasurer's Office, WV State
Debt Capacity Report 2011
Veteran Affairs, WV Division of
Veterinary Medicine, Board of
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the title amendment of the House of
Delegates and the passage, as amended, of
Com. Sub. for S. B. 382, Specifying activities entitling certain members of National Guard
or reserve to leave of absence.
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. 392 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as
amended, relating to changing the definition of 'accredited thoroughbred horse' to require
registration with the West Virginia Thoroughbred Breeders Association"; which was referred to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 37 - "Urging members of the West Virginia Delegation to the United States
Congress to oppose any action by Congress or the President to reduce funding for Community
Service Block Grants."
Whereas, Community Service Block Grants (CSBG) are a critical source of funding for
Community Action Agencies across the country; and
Whereas, Community Action Agencies provide housing, nutrition, health care, education
and weatherization programs to low-income families, equipping them with the tools they need to
become successful members of society; and
Whereas, West Virginia has sixteen Community Action Agencies that employ 2,180
individuals; and
Whereas, Our sixteen Community Action Agencies serve all of West Virginia's fifty-five counties; and
Whereas, In 2009 close to 112,000 West Virginians, over 55,000 families, received services
through Community Action Agencies; and
Whereas, Community Action Agencies are an essential component of economic recovery,
as their main objective is the elimination of poverty; and
Whereas, in 2009, West Virginia Community Action Agencies leveraged $18,194,807 in
Community Service Block Grants into more than $90 million in additional resources for anti-poverty
efforts in West Virginia; and
Whereas, President Obama has proposed a fifty percent reduction of Community Service
Block Grants funding and made the remaining funds competitive instead of continuing the current
allocation formula; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the members of the West Virginia Delegation to the United
States Congress to oppose any action by Congress or the President to reduce funding for Community
Service Block Grants; and, be it
Further Resolved, That the Clerk of Senate is hereby directed to forward a certified copy of
this resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of
the United States House of Representatives, members of the West Virginia Congressional Delegation
and the President of the United States.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, was reported
by the Clerk and adopted:
H. C. R. 75, Urging the Governor of Florida and the Florida State Senate Legislature not to
repeal Florida's prescription tracking system,
H. C. R. 78, The "Sergeant Robert Dewey Thompson Memorial Bridge",
And,
H. C. R. 90, The "Campbell 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
S. B. 507, Continuing Broadband Deployment Council; 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. 140),
and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Carmichael, Householder, Howell, J. Miller, Overington, Savilla
and Walters.
Absent and Not Voting: Craig, Crosier and M. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 507) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for H. B. 2096, Relating to arts, entertainment and enterprise districts; 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. 141),
and there were--yeas 73, nays 24, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Cowles, Duke, Ellem, Ellington, Gearheart, Householder, Howell, Kump,
Lane, C. Miller, J. Miller, Moye, Nelson, O'Neal, Overington, Pasdon, Savilla, Sigler, Snuffer,
Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Craig, Crosier and M. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2096) 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. 2479, Relating to anesthesia; 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. 142),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Crosier, M. Poling and 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. 2479) 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. 2745, Providing that certain information provided by insurance
companies to the Insurance Commissioner is confidential; 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. 143),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Martin.
Absent and Not Voting: Craig, Crosier and M. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2745) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2745 - "A Bill to amend and reenact §33-4-14 of the Code of West Virginia, 1931, as amended, relating the confidentiality of certain information provided by insurance
companies to the Insurance Commissioner; exempting such confidential information from the
freedom of information disclosure requirements; providing that such confidential information is not
subject to subpoena or discoverable in a private civil action; commissioner's authority to release or
share documents otherwise treated as confidential in furtherance of regulatory or legal action brought
as a part of the commissioner's official duties; commissioner's authority to share otherwise
confidential and privileged documents, materials or information with other state, federal and
international regulatory agencies; commissioner's authority to share otherwise confidential and
privileged documents with state, federal and international law enforcement authorities; conditions
attached thereto; and authorizing rulemaking."
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. 2796, Relating to professional licensing boards; 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. 144),
and there were--yeas 80, nays 18, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Ashley, Carmichael, Cowles, Gearheart, Householder, Ireland,
Lane, C. Miller, J. Miller, O'Neal, Overington, Savilla, Snuffer, Sobonya, Storch and Walters.
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2796) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 145), and there were--yeas 82, nays
16, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Gearheart, Householder, Howell, Ireland, C. Miller, J. Miller, O'Neal, Savilla, Snuffer, Sobonya, Storch and Walters.
Absent and Not Voting: Craig and Crosier.
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. 2796) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2969, Requiring the disclosure of the number of stamps by brand name
that have been purchased from a nonparticipating tobacco product manufacturer; 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. 146),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2969) 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. 3000, Making it lawful to hunt coyotes with a green colored light; 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. 147),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3000) 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. 3013, Extending the Broadband Deployment Council; on third reading, coming up in
regular order, was, on motion of Delegate Boggs, laid upon the table.
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; 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. 148),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3061) 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. 3100, Permitting the sale of liquor on election day; 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. 149),
and there were--yeas 61, nays 37, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Armstead, Ashley, Barker, Border, Canterbury, Cowles, Doyle, Duke,
Ellem, Ellington, Ennis, Evans, Frazier, Gearheart, Givens, Howell, Ireland, Kump, Lane, Lawrence,
C. Miller, Moye, O'Neal, Overington, Perry, Pino, Rodighiero, Romine, Rowan, Savilla, Smith,
Snuffer, Sobonya, Sumner, Walker and Walters.
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3100) 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. 3134, Relating to child support enforcement; 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. 150),
and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Gearheart, Householder, Howell, C. Miller, J. Miller, Romine, Savilla, Sigler
and Walker.
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3134) 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. 3162, Relating to polygraph examinations required as a condition of supervision for
certain sex offenders; 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. 151),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Ennis.
Absent and Not Voting: Craig and Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3162) 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
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; 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. 2802, Prohibiting use of turning lanes for through traffic under certain
circumstances; 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. 2883, Creating regulations for commercial dog breeding; on second
reading, coming up in regular order, was read a second time, advanced to third reading with an
amendment pending and the rule was suspended to permit the offering and consideration of the
amendment on that reading.
Com. Sub. for H. B. 2953, Relating to dedication of coalbed methane severance tax
proceeds; 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. 2975, Providing for an alternative means for the initial purchaser of
junked vehicles to notify the division; on second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
H. B. 2985, Updating the Logging Sediment Control Act; 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. 2986, Relating to forest fire seasons; 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. 3064, Finding and declaring certain claims against the state and its
agencies to be moral obligations of the state; 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. 3105, Providing immunity from civil or criminal liability for first
responders who use forced entry to a residence; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3114, Allowing the development and operation of a nursing home on the grounds of
a critical access hospital meeting certain restrictions; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
H. B. 3119, Increasing the expenditure limit on public service district construction and
purchase contracts; 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. 3126, Requiring a railroad company to provide pesticide safety
information; 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. 3205, Reducing jail sentence for successful completion of education
and rehabilitation programs; 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. 3214, Designating specific criteria for seals of commissioners
appointed by the Governor to acknowledge signatures; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
H. B. 3267, Providing an additional decreasing modification reducing federal adjusted gross
income for income earned by certain military personnel and their spouses; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3268, Relating to who may claim a homestead exemption; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3269, Reducing state income tax liability for certain retired public employees; 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. 2512, Relating to pawnbrokers,
Com. Sub. for H. B. 2703, Relating to qualifications of members of certain county
commissions,
Com. Sub. for H. B. 2981, Clarifying payment for trade certifications and allowing use of
tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or
osteopathic medicine program,
Com. Sub. for H. B. 3050, Relating to the practice of dieticians,
Com. Sub. for H. B. 3067, Enhancing funding for civil legal services for the poor,
Com. Sub. for H. B. 3087, Requiring qualifying law-enforcement officers employed by a
West Virginia law-enforcement agency to receive certification to carry a concealed firearm
nationwide,
Com. Sub. for H. B. 3094, Requiring the Secretary of the Department of Health and Human
Services to use existing department funds to develop a program to compensate employees for
personal property loss,
And,
Com. Sub. for H. B. 3099, Marcellus Gas and Manufacturing Development Act.
Delegate M. Poling announced that she was absent on today when the votes were taken on
Roll Nos. 140 through 143, and that had she been present, she would have voted "Yea" thereon.
Delegate Nelson noted to the Clerk that he was absent on yesterday when the votes were
taken on Roll Nos. 135 through 138, and that had he been present, he would have voted "Yea"
thereon.
Remarks by Members
Delegate Walker addressed the House concerning the situation in the State of Wisconsin, the
responsibility of government to the working class and the neccessity of governmental value placed
on labor, and at the conclusion of his remarks, Delegate Martin asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 12:14 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon 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 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. 3143, Relating to penalties for causing injury or death to certain animals used by law
enforcement,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3143 - "A Bill to amend and reenact §19-20-24 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §61-3E-6 of said code; all relating to penalties
for causing injury or death to certain animals used by law enforcement or in law enforcement duties,"
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. 3143) 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. J. R. 29, The Silenced Majority Local Levy and Bond Amendment,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. J. R. 29 - "Proposing an amendment to the Constitution of the State of
West Virginia, amending article X thereof, by adding thereto a new section, designated section
twelve, relating to reducing from sixty percent to a simple majority the number of votes required for
approval of an excess levy, bond issue of incurring of indebtedness by a county, a municipality or
a county board of education; allowing counties, cities, school districts and municipal corporations
to approve, by a vote of the people, levies, excess levies, the incurring of indebtedness and bond
issues by a majority of the votes cast for and against the same, notwithstanding any other provision
of the constitution to the contrary; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed amendment,"
With the recommendation that the committee substitute be adopted.
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. 3004, Relating to the Greater Huntington Park and Recreation District,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3004 - "A Bill to repeal sections 2a, 11, 12 and 13 of chapter 26 of the
Acts of the Legislature, regular session, 1925 (municipal charters), section 12 of which was amended
by chapter 132, Acts of the Legislature, regular session, 1972; to repeal section 6a of chapter 194,
Acts of the Legislature, regular session, 1983, as amended by chapter 110 of the Acts of the
Legislature, regular session, 2003; and to amend and reenact sections 1, 2, 3, 4, 5, 6, 7, 8 and 9 of
chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 10 of
which was amended by chapter 122 of the Acts of the Legislature, regular session, 1933, sections
1, 5, 6 and 9 of which were amended by chapter 194, Acts of the Legislature, regular session, 1983,
section 8 of which was amended by chapter 175, Acts of the Legislature, regular session, 1991, sections 2, 3, and 4 of which were amended by chapter 110, Acts of the Legislature, regular session,
2003, and section 7 of which was amended by chapter 131, Acts of the Legislature, regular session,
2005, all relating to the Greater Huntington Park and Recreation District; requiring a public hearing
when the comprehensive plan is updated; requiring that persons employed as park rangers meet
certain law-enforcement qualifications; and making technical corrections,
And,
H. B. 3225, Expanding the definition of harassment, intimidation or bullying,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3225 - "A Bill amend and reenact §18-2C-2 and §18-2C-3 of the Code
of West Virginia, 1931, as amended, all relating to harassment, intimidation or bullying; expanding
the scope of a school board's policy prohibiting harassment, intimidation and bullying in public
schools so that it applies to acts off school grounds when the acts cause disruption in or interference
with the orderly operation of the school or creates a hostile educational environment at the school;
including electronic acts of harassment, intimidation and bullying in the types of acts covered by the
prohibition; definitions; requiring the Department of Education to adopt rules pertaining to when
local school officials shall refer students to local juvenile courts; and effective date,"
With the recommendation that the committee substitutes 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. 2976, Exempting barbers with twenty or more years of experience from continuing
education requirements,
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 the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (H. B. 2976) to the Committee on the Judiciary was abrogated.
On motions for leave, resolutions were introduced (Originating in the Committee on
Government Organization and reported with the recommendation that they each be adopted), which
were read by their titles, as follows:
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, Phillips, R., Staggers, Swartzmiller, Talbott, Azinger, O'Neal,
Nelson, Romine and Storch:
H. C. R. 104 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the current development assistance programs utilized by the various agencies in the State
of West Virginia."
W
HEREAS
, Facilitating and encouraging employment opportunities through economic
development incentives to increase the availability of good jobs with benefits is an ongoing concern
to the citizens and Legislature of West Virginia; and
Whereas, Federal government stimulus programs including the "American Recovery and
Reinvestment Act" (ARRA) are designed to enhance the various state economies; and
Whereas, The Legislature has provided various tax incentives, grants and economic
development programs for the creation and retention of jobs in this State; and
Whereas, The Legislature and the citizens need to have access to timely information about
various tax incentives, grants and economic development programs to create jobs, including the
name of entities engaged in development assistance programs, the number of jobs actually created
and/or retained and the salaries and benefits provided; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the current development assistance programs utilized by the various agencies in the State
of West Virginia; and, be it
Further Resolved, That the Development Office, Department of Commerce, Department of Revenue and the Department of Administration cooperate with the Joint Committee on Government
and Finance related to this study; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Howell,
Kump, O'Neal, Nelson, Romine and Storch:
H. C. R. 105 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the law governing the West Virginia Board of Chiropractic."
Whereas, The West Virginia State Board of Chiropractic is established to safeguard the life,
health and public welfare of the people of this state and to protect the people against the
unauthorized, unqualified and improper practice of this profession in the state of West Virginia; and
Whereas, The Board of Chiropractic licenses more than 200 in-state and 80 out-of-state
professionals; and
Whereas, The Legislature is committed to protecting the public through the licensure and
regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Chiropractic should be
reviewed to consider any appropriate and necessary revisions to the laws and rules governing these
professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing the West Virginia Board of Chiropractic; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Howell,
Kump, O'Neal, Nelson, Romine and Storch:
H. C. R. 106 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the law governing the West Virginia Board of Osteopathy."
Whereas, The West Virginia Board of Osteopathy is established to safeguard the life, health
and public welfare of the people of this state and to protect the people against the unauthorized,
unqualified and improper practice of Osteopathy in the state of West Virginia; and
W
HEREAS
, The Board of Osteopathy licenses more than 700 in-state and 200 out-of-state
professionals; and
W
HEREAS
, The Legislature is committed to protecting the public through the licensure and
regulation of professions and occupations in this state; and
W
HEREAS
, The statute governing the West Virginia Board of Osteopathy should be reviewed
to consider any appropriate and necessary updates and other revisions to the laws and rules
governing these professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing the West Virginia Board of Osteopathy; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Kump,
O'Neal, Nelson, Romine and Storch:
H. C. R. 107 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the independence of the Office of Environmental Advocate within the Department of
Environmental Protection."
Whereas, The safe-guarding of a clean and healthy environment is a concern to the
Legislature for the protection of the citizens and communities of West Virginia through reasonable
and appropriate regulatory enforcement; and
Whereas, An the office of Environmental Advocate currently exists within the Department
of Environmental Protection to work on behalf of the citizens, and the State of West Virginia has
made efforts to ensure the protection and safety of the environment; and
Whereas, It is desirable to examine the independence of the Environmental Advocate in
order to address the concerns of citizens in regard to the use and enjoyment of their land and
environment in accordance with the existing regulatory structures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the independence of the Office of Environmental Advocate within the Department of
Environmental Protection; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Howell,
Kump, O'Neal, Nelson, Romine and Storch:
H. C. R. 108 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the law governing the West Virginia Racing Commission."
Whereas, The Commission regulates the industry of racing in this state, providing
entertainment and a reliable source of revenue for the state; and
Whereas, The Legislature is committed to periodically evaluating the various programs and
regulations of state agencies to ensure they are appropriate, clear and meet the policy objectives of
the governing statutes; and
Whereas, Competitive racing in this state provides employment, revenue and entertainment
and the industry is competitive among the states where nuances in regulatory structures among the
states could provide advantages or disadvantages to racing interests in this state; and
Whereas, The statute governing the West Virginia Racing Commission should be reviewed
to consider any appropriate and necessary revisions to the laws and rules governing this industry;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing the West Virginia Racing Commission; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Howell,
Kump, O'Neal, Nelson, Romine and Storch:
H. C. R. 109 - "Requesting the Joint Committee on Government and Finance authorize a
study of the Alcohol Beverage Control Administration."
Whereas, Regulation of the trade in spirits and intoxicating liquors is necessary to protect
the public; and
Whereas, The Legislature is committed to periodically evaluating agency structures,
management practices and regulatory processes in order to determine the effectiveness of program
administration and to recommend process changes based on these evaluations to facilitate proper
regulation and enforcement; and
Whereas, A Legislative Audit survey of the employees within the Alcohol Beverage Control
Administration was presented to the Legislature in January 2011 and expressed sentiments that
enforcement activities of the agency could be enhanced through the incorporation of new
technologies and best practices; and
Whereas, Regulations enforced by the Alcohol Beverage Control Administration impact
recognized commerce activities in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the Alcohol Beverage Control Administration; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Howell,
Kump, O'Neal, Nelson, Romine and Storch:
H. C. R. 110 - "Requesting the Joint Committee on Government and Finance authorize a
study regarding Licensed Professional Counselors being reimbursed through Medicaid."
Whereas, Statute provides that Licensed Professional Counselors (LPCs) can diagnose and
treat in the state of West Virginia, however the Medicaid program does not allow LPCs to bill
independent of other licensed professionals; and
Whereas, Citizens in rural areas of the state do not have adequate access to licensed
professional counseling therapy; and
Whereas, LPCs have extensive training, education and rigorous standards to obtain
certification; and
Whereas, Currently there are 1,041 LPCs practicing in the state; and
Whereas, Most insurers available to serve the needs of the people of West Virginia,
including the Public Employees Insurance Agency, recognize the LPC profession for billing
purposes; and Whereas, Currently 17 states recognize LPCs as independent mental health
professionals who can bill Medicaid directly; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study regarding Licensed Professional Counselors being reimbursed through Medicaid; 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.
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman,
Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Azinger, Howell,
Kump, O'Neal, Nelson, Romine and Storch:
H. C. R. 111 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the Board of Examiners of Psychologists and the scope of practice of psychologists and
school psychologists."
Whereas, The Board of Examiners of Psychologists licenses more than 580 professionals;
and
Whereas, Changes have occurred in the practice of psychology that have not been
incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and
regulation of professions and occupations in this state; and
Whereas, The statute governing the Board of Examiners of Psychologists and the practice
of psychology and school psychology should be reviewed to consider any appropriate and necessary
revisions to the laws and rules governing these professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing the Board of Examiners of Psychologists and the scope of practice of
psychologists and school psychologists; 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.
The Speaker referred the resolutions (H. C. R. 104, H. C. R. 105, H. C. R. 106, H. C. R. 107,
H. C. R. 108, H. C. R. 109, H. C. R. 110 and H. C. R. 111) to the Committee on Rules.
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. 3144,Creating a criminal offense and adding misdemeanor criminal penalties for
picketing or disrupting funerals,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3144 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §61-8-15, relating to creating a criminal offense and
adding misdemeanor criminal penalties for picketing or disrupting funerals or memorial services,"
With the recommendation that the committee substitute do pass.
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 25th
day of February, 2011, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
H. B. 2556, Resetting the expiration date of provisions that allow the employment of retired
teachers as substitutes beyond the post-retirement employment limit,
Com. Sub. for H. B. 2882, Relating to the Commissioner's Assessment and Examination
Fund,
And,
Com. Sub. for H. B. 2962, Increasing the amount of a fine or penalty the Commissioner of
Banking may impose on residential mortgage brokers and lenders.
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. 2532, Zipline Responsibility Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2532 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §21-15-1, §21-15-2, §21-15-3, §21-15-4, §21-15-5, §21-
15-6, §21-15-7, §21-15-8, §21-15-9, §21-15-10, §21-15-11 and §21-15-12, all relating to zipline
regulation; authorizing the Division of Labor to regulate ziplines; authorizing the Division of Labor
to propose rules for Legislative approval; requiring permits and inspections; authorizing the Division
of Labor to charge inspection and permit fees; authorizing the Division of Labor to hire or contract
with inspectors; requiring notice of serious physical injury or fatality; requiring investigations of
serious physical injuries or fatalities; providing for service of process; authorizing the temporary
cessation of operations; insurance or bond requirements; and regulation of ziplines by cities and
counties,"
H. B. 2732, West Virginia Public Campaign Financing Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2732 - "A Bill to amend and reenact §3-12-6 of the Code of West
Virginia, 1931, as amended; all relating to public campaign financing; providing sources of revenue
for the Supreme Court of Appeals Public Campaign Financing Fund; authorizing a transfer from the
Treasurer's Unclaimed Property Trust Fund to the fund; authorizing fair administration of justice
attorney fees; authorizing fair administration of justice court fees; and providing for the collection
and deposit of such sources of revenue into the fund,"
And,
H. B. 3163, Relating to workers' compensation programs of state government entities,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3163 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-21a, relating to establishing a program to provide
workers' compensation coverage of state government entities and their employees; defining
participants and exceptions thereto; designating the insurance commissioner to manage workers'
compensation risks of state entities; creating a purchasing exemption for the program; authorizing
commissioner to assess fees, surcharges and premiums; creating fund in state treasury; authorizing
investment of funds; permitting the insurance commissioner to borrow funds from the insurance
commissioner fund for the initial operation of the program; authorizing insurance commissioner to
propose legislative rules and to adopt emergency rules; requiring reports to the Joint Committee on
Government and Finance on the status of the program; and requiring consultation by the insurance
commissioner with the State Board of Risk and Insurance Management,"
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. 3193, Permitting persons who have been convicted of felonies to qualify for jury
service,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2362, Increasing penalties for financial exploitation of an elderly person or
incapacitated adult,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2362 - "A Bill to amend and reenact §61-2-29b of the Code of West
Virginia, 1931, as amended, relating to requiring full restitution to a victim of the crime of
exploitation of an elderly person or incapacitated adult,"
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. 2362) 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. 2159, Relating to prohibiting members of the news media from being compelled to
give testimony,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2159 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §57-3-10, relating to prohibiting members of the news
media from being compelled to disclosure of sources and certain information in legal proceedings;
providing a definition; and providing exceptions thereto,"
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 back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3185 - "A Bill to amend and reenact §7-20-3 and §7-20-4 of the Code
of West Virginia, 1931, as amended, all relating to preservation of affordable housing in counties
with county impact fees,"
With the recommendation that the committee substitutes each 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. 2958, Allowing the West Virginia Racing Commission to use certain permit and
registration fees to pay salaries and other budgeted expenses,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2958 - "A Bill to amend and reenact §19-23-14 of the Code of West
Virginia, 1931, as amended, relating to allowing the West Virginia Racing Commission to use
certain permit and registration fees to pay salaries and other budgeted expenses; and providing that
judges and the Racing Commission may also impose penalties,"
H. B. 2959, Providing additional funds to the West Virginia Racing Commission,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2959 - "A Bill to amend and reenact §19-23-13b of the Code of West
Virginia, 1931, as amended, relating to providing additional funds to the West Virginia Racing
Commission for its Administration and Promotion Account,"
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 back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3098 - "A Bill to amend and reenact §19-23-10 the Code of West
Virginia, 1931, as amended, relating to the distribution of funds from certain racing funds; providing
purposes for the distributions, including funding for greyhound adoption and spay and neutering
programs for West Virginia whelped greyhounds; increasing percentages to be given as bonus
awards; and modifying the provisions for restricted races,"
H. B. 3204, Creating the West Virginia Enterprise Resource Planning Board and Executive
Committee,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3204 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5,
§12-6D-6 and §12-6D-7, all relating to the West Virginia Enterprise Resource Planning System;
creating the Enterprise Resource Planning Board; providing for composition, purpose, powers and
duties of the board; creating a steering committee; providing for composition, purpose, powers and
duties of the steering committee; providing for expense reimbursement for members of the steering committee; requiring the board to provide system access to designated employees of the legislature;
providing for criminal penalties and removal from office for violating the requirement to provide
access; creating the Enterprise Resource Planning System Fund in the state treasury; and transferring
funds allocated to the system to the Enterprise Resource Planning System Fund,"
H. B. 3068, Creating the WVU-Tech Revitalization Project,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3068 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18B-1E-1, §18B-1E-2, §18B-1E-3 and §18B-1E-4, all
relating to West Virginia University Institute of Technology, West Virginia University, the Higher
Education Policy Commission, defining certain terms; establishing a revitalization project and plan;
stating legislative findings, purpose and intent; and requiring certain reports,"
H. B. 3196, Establishing a program and procedure for certifying medications assistive
persons in the health industry,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3196 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §30-7D-1, §30-7D-2 and §30-7D-3, §30-7D-4, §30-7D-5,
§30-7D-6, §30-7D-7, §30-7D-8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12, §30-7D-13 and
§30-7D-14, all relating to medication assistive persons in the nursing home setting including a pilot
program, requirements and criminal penalty,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates White, T. Campbell, M. Poling, Kominar, Marshall, Iaquinta, D. Poling,
Stowers, Anderson, Border and Cowles:
H. B. 3271 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-4-14a; and to amend said code by adding thereto a new
section, designated §33-3-33a, all relating to the distribution of state funds to volunteer fire
companies and departments generally; establishing the Volunteer Fire Department Workers'
Compensation Premium Subsidy Fund; providing that the state auditor administer the distribution
of moneys of the fund to volunteer and part volunteer fire companies and departments to help defray
workers' compensation insurance premium increases; and providing additional funding from excess
insurance premium taxes."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2890, Energy Efficient Building Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2890 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-13BB-10, §11-13BB-11,
§11-13BB-12, and §11-13BB-13, all relating to authorizing a tax credit against business franchise
tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing
in service a residential or nonresidential energy-efficient building; defining terms; establishing the
amount of tax credit permitted; authorizing rulemaking; and requiring reports to be made,"
And,
H. B. 3034, Recognizing outstanding students who are top achievers in scholastic studies,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3034 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-2E-8g, relating to recognizing outstanding students
who are top scorers on certain statewide tests and providing rule-making authority to the state
board,"
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. 2946, Requiring the issuance of a lawful prescription for dispensing drug products
containing chemical precursors of methamphetamine,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2946 - "A Bill to repeal §60A-10-5 and §60A-10-8 of the code of West
Virginia, 1931, as amended; to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-6,
§60A-10-7 and §60A-10-11 of said code, all relating to requiring a prescription to dispense drug
products that contain as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and
other precursors of methamphetamine; making and such drugs a Schedule III drug; repealing certain
provisions and definitions that are no longer applicable; adding findings; exempting wholesalers
from certain requirements of the United States Drug Enforcement Administration relating to storage,
reporting, record keeping or physical security control requirements for controlled substances
containing ephedrine, pseudoephedrine or phenylpropanolamine; adding affirmative defenses; and
providing penalties,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 96 - "A Bill to amend and reenact §7-7-2, §7-7-3, §7-7-4, §7-7-4a, §7-7-
6b, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-
16a and §7-7-20 of the Code of West Virginia, 1931, as amended, all relating generally to
eliminating outmoded language concerning compensation of county elected officials by certain
county classes; repealing the requirement that the compensation of certain county employees be in
compliance with the Economic Stabilization Act of 1970; transferring some training program responsibilities and valuation classification of property responsibilities from the State Tax
Commissioner to the State Auditor in accordance with existing code provisions; authorizing the State
Tax Commissioner and State Auditor to establish training programs for certain employees;
eliminating language regarding the transition from part-time to full-time prosecutors inconsistent
with other code provisions; removing the limitations on food, lodging, registration fees and mileage
on authorized training; eliminating the outdated property valuations used to determine the
compensation of elected county officials; permitting a county sheriff to turn over an impounded dog
to the local humane society instead of killing it; eliminating references to county positions that no
longer exist; and removing the limitation of the costs for the housing and feeding of prisoners in
counties having a population of thirty thousand or less"; 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
Com. Sub. for S. B. 112 - "A Bill to amend and reenact article 2, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Administration; legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative agencies of the state; authorizing
certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register and as amended by the
Legislature; authorizing the Department of Administration to promulgate a legislative rule relating
to state-owned vehicles; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board
to promulgate a legislative rule relating to Teachers' Defined Contribution Retirement System;
authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to
Public Employees Retirement System; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer
error interest factors; authorizing the Consolidated Public Retirement Board to promulgate a
legislative rule relating to the West Virginia State Police; and authorizing the Ethics Commission
to promulgate a legislative rule relating to forms"; 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
Com. Sub. for S. B. 177 - "A Bill to amend and reenact article 7, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Revenue; legislative mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies of the state; authorizing certain of
the agencies to promulgate certain legislative rules in the form that the rules were filed in the State
Register; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review Committee and as amended
by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to
the commercial patent incentives tax credit; authorizing the State Tax Department to promulgate a
legislative rule relating to the exchange of information agreement between the State Tax Department
and the West Virginia Lottery; authorizing the State Tax Department to promulgate a legislative rule
relating to the exchange of information agreement between the State Tax Department and the Office
of the State Fire Marshal; authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit life insurance, credit accident and sickness insurance and credit unemployment
insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to
suitability in annuity transactions; authorizing the Insurance Commissioner to promulgate a
legislative rule relating to insurance adjusters; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to long-term care insurance; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum;
authorizing the Insurance Commissioner to promulgate a legislative rule relating to property and
casualty actuarial opinions; authorizing the Insurance Commissioner to promulgate a legislative rule
relating to credit personal property; authorizing the Insurance Commissioner to promulgate a
legislative rule relating to self-insurance pools for political subdivisions; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to valuation of life insurance companies;
authorizing the Insurance Commissioner to promulgate a legislative rule relating to recognition of
preferred mortality tables for use in determining minimum reserve liabilities; authorizing the
Insurance Commissioner to promulgate a legislative rule relating to professional employer
organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to
health maintenance organization point of service option; authorizing the Racing Commission to
promulgate a legislative rule relating to thoroughbred racing; authorizing the Racing Commission
to promulgate a legislative rule relating to greyhound racing; authorizing the Racing Commission
to promulgate a legislative rule relating to pari-mutuel wagering; authorizing the Alcohol Beverage
Control Commission to promulgate a legislative rule relating to licensed retailer operations; and
authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to
licensing of retail outlets"; 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
Com. Sub. for S. B. 228 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18-8B-1, §18-8B-2, §18-8B-3, §18-8B-4, §18-8B-5 and §18-8B-6, all relating to school dropout prevention and recovery; creating the Local Solution
Dropout Prevention and Recovery Act; providing legislative findings and purpose; defining terms;
creating a Local Solution Dropout Prevention and Recovery Committee to implement this act and
the state board rules required by this act; requiring Local Solution Dropout Prevention and Recovery
Committee to develop a comprehensive statewide student data system; establishing pilot sites to test
individual statewide student data system; creating special revenue fund in State Treasury entitled the
Local Solution Dropout Prevention and Recovery Fund; providing application process for groups
of schools, school districts or community-based education enrichment entities approved by the
county board to become designated dropout prevention and recovery pilot projects; requiring State
Board of Education emergency rules to implement dropout prevention and recovery pilot program,
application and award process; and requiring the Local Solution Dropout Prevention and Recovery
Committee to provide the Legislature with annual reports regarding the dropout prevention and
recovery pilot project"; 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
Com. Sub. for S. B. 272 - "A Bill to amend and reenact §7-11B-3, §7-11B-4, §7-11B-7, §7-
11B-8, §7-11B-9, §7-11B-10, §7-11B-17 and §7-11B-22 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia Tax Increment Financing Act; clarifying exclusions to the
definition of 'base assessed value'; revising definitions relating to governing bodies of counties and
municipalities; adding definition for 'municipality'; adding provisions which allow the funding of
improvements to terrain, capital improvements and the acquisition and installation of equipment for
ski resorts as an authorized project and project cost; adding remediation of property to definition of
'development or redevelopment project'; redefining 'project costs' to include remediation costs for
landfills, former coal or other mining sites, solid waste facilities or hazardous waste sites; defining
'remediation'; requiring the Director of the Development Office to provide the Legislature with an
itemized list of applications seeking approval of development and redevelopment districts along with a status explanation of applications on dates certain; clarifying municipalities' power to utilize tax
increment financing and to finance project costs by other means; requiring county commissions and
municipalities to send descriptions of development districts and project plans to local levying bodies
prior to issuing a notice; clarifying that municipalities are not required to seek approval when
amending project plans if the project is not enlarged or the total amount of indebtedness increased;
providing that development or redevelopment districts shall not be terminated so long as tax
increment financing obligations remain outstanding; clarifying the time when bonds may be refunded
or refinanced and when refunding bonds may be issued in principal amounts; and providing technical
corrections"; 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. 279 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §25-1-23, relating to work camps for nonviolent
offenders; authorizing the establishment of work camps for that purpose; providing definitions;
determining eligibility standards; requiring policy be developed; and providing for judicial
recommendations"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 351 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7,
§19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15;
to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to
amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid
farming as an agricultural enterprise in this state; powers and duties of the Department of
Agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition
of current facilities; noncompliance with article; and providing for certain criminal penalties and
remedies"; which was referred to the Committee on Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 456 - "A Bill to amend and reenact §5B-1-1a of the Code of West Virginia, 1931, as
amended, relating to allowing the Marketing and Communications Office of the Department of
Commerce, with the approval of the secretary, to sell partnerships, sponsorships or advertising in its
publications, events or promotions"; which was referred to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 458 - "A Bill to amend and reenact §19-1B-3, §19-1B-4, §19-1B-5, §19-
1B-7, §19-1B-11 and §19-1B-12a of the Code of West Virginia, 1931, as amended, all relating to
updating the Logging Sediment Control Act; increasing licensure and certification fees; requiring
the Division of Forestry to report certain information to the Tax Commissioner on a monthly basis;
requiring the Director of the Division of Forestry to notify the Director of the Division of Water and
Waste Management of the Department of Environmental Protection of licensure suspension or
revocation within thirty days; establishing renewal of licensure and certification on a biennial basis;
permitting the director the discretion to immediately suspend a timbering operator or operation, or
any part of a timbering operation, in any part of the state; and requiring the Director of the Division
of Forestry to convene a committee to review best management practices at least every five years."
At the request of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub.
for S. B. 458) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 465 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5B-2H-1 and §5B-2H-2; to amend said code by adding
thereto a new section, designated §11-1C-11c; to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3,
§11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to amend said code by adding
thereto a new section, designated §11-6D-9; to amend and reenact §11-6F-2 and §11-6F-3 of said
code; to amend said code by adding thereto a new section, designated §11-13A-5b; to amend and
reenact §11-13R-3 of said code; to amend and reenact §11-13S-3 of said code; to amend and reenact
§11-15-8d of said code; and to amend and reenact §24-2F-3 of said code, all relating generally to the
Marcellus Gas and Manufacturing Development Act of 2011; providing short title; making
legislative findings and declarations; amending and reinstating alternative fuel motor vehicle tax
credit; providing credit for alternative fuel refueling facilities; making legislative findings; stating
legislative purpose; defining terms; allowing credit for purchase of alternative fuel motor vehicles,
conversion of vehicles to alternative fuel motor vehicles and for commercial and residential
alternative fuel refueling facilities; providing for expiration of credits; requiring Tax Commissioner
to promulgate rules and design forms; providing for carryover of unused credits and for recapture
of credits; amending definition of 'manufacturing' for purposes of special method for appraising
qualified capital additions to manufacturing facilities for property tax purposes; providing new rules
for treatment of certified capital addition property; setting baseline for oil and gas severance tax
collections; providing for excess distribution and deposit of excess collections; amending definition
of 'research and development' for purposes of strategic research and development tax credit;
amending definition of 'manufacturing' for purposes of manufacturing investment tax credit;
providing additional exception to limitation on right to assert sales and use tax exemptions; and
clarifying meaning of 'natural gas' for purposes of Alternative and Renewable Energy Portfolio
Standard Act."
Which message was received and put on Unfinished Business, House Calendar.
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. 495 - "A Bill to repeal §3-4A-13a of the Code of West Virginia, 1931,
as amended; and to amend and reenact §3-4A-2, §3-4A-3, §3-4A-4, §3-4A-6, §3-4A-9, §3-4A-9a,
§3-4A-9b, §3-4A-10, §3-4A-10a, §3-4A-13, §3-4A-17, §3-4A-19, §3-4A-20 and §3-4A-27, all
relating generally to the use of electronic voting systems; defining terms; setting forth the
requirements of electronic voting systems; requiring public meetings held on adopting electronic
voting be held at least six months prior to the next election; providing that if an electronic voting
system is terminated, it must be replaced by an electronic voting system that complies with federal
law; deleting the requirement that the purchase or lease of vote-recording devices must be paid in
cash; deleting outmoded terms and voting systems no longer being used; updating technical
terminology; requiring at least two vote-recording devices be provided at each precinct in a primary
election; and providing that independent voters may vote in primaries as otherwise provided in
code"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 546 - A Bill to amend and reenact §8-22-18a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8-22A-28 of said code, all relating to municipal police and
firefighter pensions; authorizing the West Virginia Municipal Pensions Oversight Board to purchase
actuarial services; and extending the time for certain municipalities to request referendum on Social
Security coverage"; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 563 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-22-25a, relating to authorizing municipalities to create deferred
retirement option plans for certain employees"; which was referred to the Committee on Pensions
and Retirement 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 a joint resolution, which was read by its title as follows:
S. J. R. 9 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article X thereof by adding thereto a new section, designated section twelve, relating to
simple majority rule on all county, city, school district and municipal excess levies and bonds;
allowing counties, cities, school districts and municipal corporations to approve, by a vote of the
people, excess levies and issue bonds by a majority of the votes cast for and against the same;
numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment."
Which message was received and put on Unfinished Business, House Calendar.
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 a joint resolution, which was read by its title and
referred to the Committee on Constitutional Revision then the Committee on the Judiciary as
follows:
S. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia,
repealing section three, article IX thereof, relating to sheriffs serving more than two consecutive
terms; numbering and designating such proposed amendment; and providing a summarized statement
of the purpose of such proposed amendment."
Motions
Delegate Armstead arose, and being recognized, moved to discharge
H. B. 3659, Reducing
the consumers sales and service tax on sales, purchases and uses of food, from the Committee on
Finance.
Delegate Boggs moved that the motion to discharge lie over.
On this motion, Delegate Armstead demanded the yeas and nays, which demand was
sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 152), and there were--yeas
50, nays 26, absent and not voting 24, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Carmichael, Duke, Ellem, Ellington,
Gearheart, Hamilton, Howell, Ireland, Kump, Lane, Nelson, O'Neal, Overington, Rowan, Savilla,
Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Brown, D. Campbell, T. Campbell, Cann, Canterbury, Cowles,
Craig, Crosier, Ennis, Evans, Fragale, Givens, Householder, Iaquinta, Longstreth, Manchin,
Manypenny, Michael, C. Miller, J. Miller, L. Phillips, Romine, Staggers and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the motion
to lay over the motion to discharge prevailed.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Craig and Crosier.
At 4:19 p.m., the House of Delegates adjourned until 11:00 a.m.,Monday, February 28, 2011.