hdj2011-03-01-49
__________*__________
Tuesday, March 1, 2011
FORTY-NINTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 28, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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 28
th
day of February, 2011, presented to His Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the House of Delegates:
S. B. 382, Specifying activities entitling certain members of National Guard or reserve to
leave of absence.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 78, Requiring parental consent and accompaniment for minor to use
tanning device,
And,
Com. Sub. for S. B. 474, Relating to manufacturer's liability for prescription drug warning
or instruction,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 78 and
Com. Sub. for S. B. 474) were each referred to the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 216, Modifying definition "imminent danger to physical well-being of
a child",
And,
Com. Sub. for S. B. 256, Requiring sex offenders verify e-mail and online identities,
And reports the same back, with amendment, with the recommendation that they each 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:
Com. Sub. for S. B. 60, Authorizing probation officers' supervision of sex offenders pending
availability of multijudicial officer,
Com. Sub. for S. B. 61, Relating generally to juvenile drug courts,
S. B. 358, Authorizing electronic registration of wildlife,
And,
S. B. 392, Changing definition of "accredited thoroughbred horse",
And reports the same back with the recommendation that they each do pass.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 48, Requesting the Division of Highways to erect a memorial sign on Route 60, at
or near the Caldwell exit, in Greenbrier County, that states "Home of Chan Whitt Jr., the 'Little
Prince' Billiards Champion",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. C. R. 48 - "Requesting the Division of Highways to erect a sign under
the community of Caldwell sign on Route 60, at mile marker 165 east bound, and another sign under
the community of Caldwell sign on Route 60, at mile marker 166 west bound, in Greenbrier County,
stating 'Home of Chan Whitt Jr.',"
With the recommendation that the committee substitute be adopted.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 101, The "PFC Ralph Lewis Boone Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising
that on February 25, 2011, he approved
H. B. 2556 and
S. B. 255.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2613, Authorizing the Department of Military Affairs and Public Safety
to promulgate legislative rules.
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. 35 - "A Bill to amend and reenact §11-21-10a of the Code of West Virginia, 1931, as
amended, relating to raising the tax credit for nonfamily adoptions to $4,000"; 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. 66 - "A Bill to amend and reenact §17A-3-2 of the Code of West
Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and
authorizing municipalities, by ordinance, to allow the use of low-speed vehicles on roads in
municipalities with speed limits over twenty-five miles per hour and less than thirty-five miles per
hour"; which was referred to the Committee on Roads and Transportation 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
Com. Sub. for S. B. 121 - "A Bill to amend and reenact article 3, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the Department of Environmental Protection; 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 in the form that the rules were filed in the State Register and as amended by the Legislature;
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 as amended
by the Legislature; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to hazardous waste management systems; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to surface mining reclamation;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
ambient air quality standards; authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to permits for construction and major modification of major stationary
sources of air pollution for the prevention of significant deterioration; authorizing the Department
of Environmental Protection to promulgate a legislative rule relating to standards of performance for
new stationary sources; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to control of air pollution from combustion of solid waste; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to permits for
construction and major modification of major stationary sources of air pollution which cause or
contribute to nonattainment; authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and
disposal facilities; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to emission standards for hazardous air pollutants; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to the National
Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to requirements governing
groundwater standards; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards"; 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. 202 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3 and §18-33-4, all relating
to creating a commission to develop a pilot program to help at-risk youth in West Virginia; creation
of commission; composition of the commission; powers and duties of the commission; outcome
recommendations for pilot program; goals of the pilot program; and operation of the pilot program.";
which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 229 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5 and
§18-2F-6, all relating to creating the Math and Science Teacher Loan Assistance Program; providing
legislative purpose; defining certain terms; creating a special revenue fund; requiring legislative
rules; establishing procedures for identifying public schools or geographic areas in critical need of
math and science teachers; administering loan assistance program; authorizing solicitation and
certain match of private funds; providing selection criteria and procedures for candidates; requiring
certain agreements and contracts; establishing conditions for addressing renewal, noncompliance,
deferral and exceptions; and setting limits on amount of loan assistance per recipient"; which was
referred to the Committee on Education 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
Com. Sub. for S. B. 295 - "A Bill to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the Department of Health and Human Resources; 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 Department of Health and Human
Resources to promulgate a legislative rule relating to public water systems; authorizing the
Department of Health and Human Resources to promulgate a legislative rule relating to specialized
multipatient medical transport; authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to food manufacturing facilities; authorizing the Department
of Health and Human Resources to promulgate a legislative rule relating to fire department rapid
response services licensure; authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to emergency medical services; authorizing the Department of
Health and Human Resources to promulgate a legislative rule relating to cancer registry; authorizing
the Department of Health and Human Resources to promulgate a legislative rule relating to safety
and treatment programs; authorizing the Department of Health and Human Resources to promulgate
a legislative rule relating to requirements for licensure of nonprofit corporations for conservator
service; and authorizing the Health Care Authority to promulgate a legislative rule relating to
certificates of need"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 328 - "A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-9, §17E-1-10, §17E-1-
11, §17E-1-12, §17E-1-13, §17E-1-17 and §17E-1-20 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §17E-1-14a, all
relating to the issuance, disqualification, suspension and revocation of driver's licenses and privilege
to operate a commercial motor vehicle; adding definitions; creating the offense of operating a
commercial motor vehicle while texting; providing penalties and exceptions; providing civil
penalties for motor carriers who require or allow a driver to operate a commercial motor vehicle
while texting; providing that a driver is disqualified from operating a commercial motor vehicle upon
conviction for operating a commercial motor vehicle when texting; clarifying that out-of-service
orders may pertain to a driver, commercial motor vehicle or a motor carrier operation; providing that
the licensed driver accompanying a driver holding an instruction permit must be alert and
unimpaired; adding additional certifications to the application and the face of a commercial driver's
license; providing for additional requirements related to maintenance and verification of medical
certification status; and prohibiting the division from issuing or renewing a commercial driver's
license to a person who does not possess a valid medical certification status"; which was referred
to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 330 - "A Bill to repeal §18-13-1 of the Code of West Virginia, 1931,
as amended; to repeal §18-23-4a of said code; to repeal §18B-8-3a of said code; to repeal §18B-9-2a,
§18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10 and §18B-9-12 of said code; to amend and
reenact §12-1-12d of said code; to amend and reenact §18B-1-2 and §18B-1-6 of said code; to amend
and reenact §18B-1B-4 and §18B-1B-5 of said code; to amend and reenact §18B-2A-3, §18B-2A-4
and §18B-2A-8 of said code; to amend and reenact §18B-2B-3 of said code; to amend and reenact §18B-3-1, §18B-3-3 and §18B-3-4 of said code; to amend and reenact §18B-4-1 of said code; to
amend said code by adding thereto a new section, designated §18B-4-2a; to amend and reenact
§18B-5-9 of said code; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5,
§18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code; to
amend said code by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15
and §18B-7-16; to amend and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of
said code; to amend said code by adding thereto a new section, designated §18B-8-2; to amend and
reenact §18B-9-1, §18B-9-2, §18B-9-3 and §18B-9-4 of said code; to amend said code by adding
thereto a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5,
§18B-9A-6, §18B-9A-7 and §18B-9A-8; to amend and reenact §18B-10-1 of said code; and to
amend and reenact §18B-19-10 of said code, all relating to public higher education personnel
generally; state organizations of higher education; public higher education governance; repealing
sunset provision for pilot investment program for Marshall University and West Virginia University;
extending authority to increase certain types of investment under certain circumstances; specifying
and clarifying rule-making procedures; specifying certain powers and duties of certain higher
education organizations; requiring certain governing boards to reach certain graduation rates by
certain date; establishing classification and compensation for certain employees; providing
legislative purposes and intent; providing certain definitions; requiring creation of certain
professional staff positions; setting forth minimum qualifications and specifying duties; requiring
organization rulemaking; authorizing certain supplemental retirement, health and welfare benefit
plans for certain employees; providing for certain employer and employee matches; authorizing
employee payroll deductions; requiring establishment of continuing education and professional
development programs for certain employees; setting forth certain employment practices; requiring
certain periodic reports; specifying data to be included in reports and designating report due dates;
providing certain exceptions to report due dates; requiring periodic reviews of human resources
functions at certain higher education organizations; setting forth purposes of reviews; specifying review criteria and designating completion dates; requiring prior notice of reviews and setting forth
certain exceptions; authorizing compensatory time off for certain employees in certain instances;
setting forth conditions; defining 'nonclassified' employees; limiting percentage of employees
designated nonclassified and providing certain exceptions; establishing formula for calculating
percentage; providing effective date for meeting percentage limits and requiring compliance reports;
authorizing certain employment by mutual agreement; setting forth terms, conditions and
applicability of agreements; requiring probationary period for certain employees; authorizing
catastrophic leave banks and leave transfer for certain employees; setting forth terms and conditions
for participation; codifying certain current practices; authorizing merit salary increases for certain
employees under certain conditions; requiring study of certain employment practices; requiring
report and specifying data and report due date; requiring faculty salary rules and providing for salary
increases in certain instances; authorizing sabbatical leaves for certain professional personnel;
specifying terms and conditions for participation; maintaining certain rights and benefits during
leaves of absence under certain circumstances; requiring definition of certain terms; requiring notice
of employment decisions to probationary faculty members by certain date and providing for hearings
in certain instances; stating legislative intent regarding funding for certain employee salary
schedules; specifying applicability of certain statutes; establishing certain terms and conditions and
providing certain exceptions; providing formulas for making certain salary calculations; requiring
certification of certain higher education organizations relating to certain salary funding requirements;
specifying applicability of certain rules; requiring review and approval process for certain rules and
specifying responsibilities of certain professional personnel relating to rulemaking; providing for
funding certain salary schedules; specifying certain consequences and sanctions and providing
exceptions; providing short title; requiring maintenance of uniform job classification system;
establishing job classification committee and specifying organization, powers and duties; assigning
certain other powers and duties relating to job classification; establishing compensation planning and
review committee and specifying organization, powers and duties; providing for establishment of market salary structures and minimum salary schedules; requiring periodic updates and specifying
certain other related powers and duties; providing for periodic market salary studies and specifying
application of study findings; requiring certain salary comparisons and establishing limit on
variations of average salaries among employee classes; specifying authority and duty of Higher
Education Policy Commission and Council for Community and Technical College Education over
classification and compensation system; requiring promulgation of certain personnel rules by certain
date; authorizing emergency rules with prior approval; establishing parameters for rules; specifying
mechanisms for correcting identified deficiencies and requiring and authorizing certain sanctions in
certain instances; providing for hearing employee appeals; requiring performance evaluations for
certain employees; requiring certain training for supervisory personnel; establishing terms and
conditions for exercising certain operational flexibilities for governing boards; establishing goals for
implementing certain statutes and rules; fixing certain implementation responsibilities; providing
for review and approval of governing boards' requests for tuition and fee increases greater than set
amounts; removing caps on increases in tuition and fees; clarifying procedure for rental, lease and
sale of property; making technical corrections; and deleting obsolete language"; which was referred
to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 356 - "A Bill to amend and reenact §33-31-1, §33-31-2, §33-31-6, §33-
31-7, §33-31-8, §33-31-10, §33-31-11, §33-31-15, §33-31-16, §33-31-20 and §33-36-2 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §33-31-16a, all relating to captive insurance; subjecting any captive insurance company
organized as a risk retention group to certain insurance code provisions; and correcting technical
errors"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 387 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-2-25c, relating to allowing retired officers to carry
a concealed weapon in accordance with federal law; directing the Superintendent of the State Police
to create a firearms course; and establishing a fee for said course"; 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. 408 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-
16G-5, §33-16G-6, §33-16G-7, §33-16G-8, §33-16G-9 and §33-16G-10, all relating generally to the
health benefit exchange; setting forth purpose; defining terms; providing for the establishment of the
West Virginia Health Benefit Exchange; establishing the governing board of directors; providing for
membership on the board of directors; setting forth meeting requirements of the board of directors;
allowing the board of directors to hire an executive director and appropriate staff; providing for an
annual report by the board of directors; setting forth the functions of the exchange; outlining the
board's duties and authority; setting forth a health benefit plan certification process; authorizing
emergency and legislative rulemaking; establishing a special revenue account; and authorizing
assessment of fees"; 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
Com. Sub. for S. B. 420 - "A Bill to amend and reenact §7-1-1b of the Code of West
Virginia, 1931, as amended, relating to residency requirements for county commissioners; and clarifying that a person reside in the magisterial district for which he or she is seeking election and
from which he or she is appointed or elected"; which was referred to the Committee on Political
Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 428 - "A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as
amended, relating to increasing the fees charged by the clerk of a circuit court for medical
professional liability actions"; 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 July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
S. B. 435 - "A Bill to amend and reenact §33-12C-3, §33-12C-5, §33-12C-7 and §33-12C-8
of the Code of West Virginia, 1931, as amended, all relating to surplus lines insurance; defining
terms; providing for compliance with the federal Nonadmitted and Reinsurance Reform Act of 2010;
authorizing Insurance Commissioner to enter into multistate agreement regarding taxation of surplus
lines insurance; establishing a blended taxation rate with respect to policies involving multistate
risks; authorizing participation in clearinghouse for allocation of taxes; specifying disbursement and
distribution of moneys; and exempting certain large entities from compliance with due diligence
requirements"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 461 - "A Bill to amend and reenact §48-27-903 of the Code of West
Virginia, 1931, as amended, relating to criminalizing a violation of a restraining order entered upon
a conviction for stalking or harassment; and establishing penalties"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 472 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §33-12-32a, relating to providing an exemption from
insurance licensing requirements for vendors of portable electronics when offering portable
electronics insurance generally; defining terms; establishing requirements and authority regarding
the sale of portable electronics insurance; stating authority of vendors of portable electronics to sell
portable electronics insurance; requiring training of employees who sell portable electronics
insurance; providing for the suspension of privileges and imposition of fines for violations of this
section; providing for the termination of portable electronics insurance; and giving the Insurance
Commissioner the authority to bring administrative actions on supervising entities"; which was
referred to the Committee on Banking and Insurance 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 requested the concurrence of the House of Delegates in the passage, of
S. B. 486 - "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 and the Higher Education
Policy Commission; defining certain terms; establishing a revitalization project and plan; stating
legislative findings, purpose."
At the request of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 486)
to a committee was dispensed with.
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. 508 - "A Bill to amend the Code of West Virginia, 1931, by adding
thereto a new section, designated §60-3A-3a; and to amend and reenact §60-3A-4 of said code, all
relating to liquor sampling; authorizing liquor sampling on Class A retail licenses; setting
requirements for holding a liquor sampling; creating penalties; authorizing emergency rules or
legislative rules; and defining terms"; which was referred to the Committee on the Judiciary
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 510 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating
to requiring new facility projects of public agencies and projects receiving state funds to be designed
and constructed complying with the International Code Council 2009, International Energy
Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007"; which was referred to the
Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 516 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §18-2-38 and §18-2-39, all relating to improving
public education results; requiring the state board to promulgate a rule establishing a high-quality
digital learning program; specifying ten elements the program must encompass which are elements
pertaining to student eligibility, student access, personalized learning, advancement, content,
instruction, digital learning providers, assessment, accountability, funding and delivery; recognizing
the State Board of Education's Middle School Global 21 initiative including its goals, objectives and
process; recognizing that the State Board of Education is seeking state funding for the implementation of the initiative; and requiring State Board of Education to report to the Legislative
Oversight Commission on Education Accountability at certain intervals on the implementation of
the initiative until fully implemented"; which was referred to the Committee on Education 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. 530 - "A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931,
as amended, relating to clarifying that a certain portion of revenues of racetracks that have lottery
table games be used for public projects in that county or to make payments on lottery revenue bonds;
and clarifying that a certain portion of those revenues be used for public projects in a county's
municipalities or to make payments on lottery revenue bonds"; which was referred to the Committee
on the Judiciary and Finance.
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. 582 - "A Bill to amend and reenact §29-4-15 of the Code of West
Virginia, 1931, as amended, relating to commissioners appointed by the Governor to acknowledge
signatures; and designating specific criteria for seals of commissioners."
At the request of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub.
for S. B. 582) to a committee was dispensed with.
Resolutions Introduced
Delegates Sobonya, Poore, Guthrie, Sumner, C. Miller, L. Phillips, Brown, D. Campbell,
Fleischauer, Hatfield, Lawrence, Longstreth, Mahan, Marshall, Pasdon, M. Poling, Rowan, Smith
and Storch offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 114 - "Requesting the Joint Committee on Government and Finance study the need
for legislation to create a uniform system for collection of forensic data and providing medical
treatment to victims of sex crimes in hospitals and other examination facilities."
Whereas, Other states, including our neighboring Kentucky, provide for a uniform system
whereby all hospitals that provide emergency services have a legal duty to provide sexual assault-
forensic examinations (SANE Exams), which are examinations performed on victims of sex crimes
where both the medical needs are addressed and forensic samples are gathered; and
Whereas, These states require sexual assault-forensic examinations to be conducted by
physicians or sexual assault nurse examiners (SANEs), who are registered nurses with specialized
credentials to perform SANE Exams on sex crime victims; and
Whereas, These states provide that hospitals may not deny a SANE Exam to a victim of a
sex crime because the victim chooses not to file a police report or otherwise participate in the
criminal justice system so that crucial evidence is preserved if the victim subsequently has a change
of heart; and
Whereas, These states provide SANE Examination kits at no charge to hospitals and other
examination facilities to ensure their availability when the kits are needed; and
Whereas, A uniform system of providing such sexual assault-forensic examinations by
physicians or sexual assault nurse examiners throughout the state is needed to protect the health and
well-being of victims of sex crimes and to facilitate successful prosecution of sex crime offenders;
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 create a uniform system for collection of forensic data and providing
medical treatment for victims of sex crimes in hospitals and other examination facilities; 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 Hall, Mr. Speaker, Mr. Thompson, Anderson, Andes, Azinger, Barill, Barker,
Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann, Caputo, Craig, Crosier, Doyle, Ellem,
Ellington, Ennis, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton,
Hartman, Hatfield, Hunt, Iaquinta, Ireland, Jones, Kominar, Lawrence, Longstreth, Mahan, Manchin,
Manypenny, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Pasdon, Paxton, Perdue,
Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero,
Romine, Rowan, Savilla, Shaver, Skaff, Smith, Snuffer, Staggers, Stephens, Stowers, Swartzmiller,
Talbott, Varner, Walker, Wells, White and Williams offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 115 - "The West Virginia Legislature supports raising the pay of state mine
inspectors to federal levels to keep those highly qualified and skilled inspectors working in the State
of West Virginia."
Whereas, Mine inspectors employed by the Office of Miners' Health, Safety and Training
are the most technically sound, efficient and skilled mine inspectors in the world; and
Whereas, The training received from the Office of Miners' Health, Safety and Training and
paid for by the State of West Virginia helps to raise and maintain the advanced skill level of the
inspectors; and
Whereas, Mine inspectors are not paid a salary that matches their experience or training;
and
Whereas, The deficient pay of the West Virginia pay scale for mine inspectors causes them
to leave the West Virginia coal fields for federal employment as a mine inspector; and
Whereas, When mine inspectors leave this state for federal work the state is not getting a
return on its investment in training these talented and skilled inspectors; and
Whereas, Raising the pay of state mine inspectors will help keep the best mine inspectors
in the world home in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature supports raising the pay of state mine inspectors to federal levels to keep
those highly qualified and skilled inspectors working the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Director of the Office of Miners' Health, Safety and Training.
Delegate Talbott offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C R. 116 - "Requesting the Division of Highways that bridge number 51-20-7.19 on
Route 20 near Glade View in Webster County be named the 'Honorary and Memorial Firefighters
Bridge'."
Whereas, West Virginia's first responders place their lives on the line for the safety of their
neighbors and communities, many of them volunteering their time and efforts; and
Whereas, Webster County is served by five fire departments, including the Cowen
Volunteer Fire Department, the Diana Fire Department, the Erbacon Volunteer Fire Department, the
Hacker Valley Volunteer Fire Department and the Webster Springs Volunteer Fire Department; and
Whereas, These five fire departments consist of all volunteer forces; and
Whereas, These brave men and women, and the honorary firefighters who provide them
support and encouragement, deserve to have their commitments, efforts and sacrifices recognized;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number
51-20-7.19 on Route 20 near Glade View in Webster County the "Honorary and Memorial Firefighters Bridge"; and, be it
Further resolved, That the Division of Highways is hereby requested to erect signs at both
ends of the bridge proclaiming the bridge as the "Honorary and Memorial Firefighters 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, the Cowen Volunteer Fire Department,
the Diana Fire Department, the Erbacon Volunteer Fire Department, the Hacker Valley Volunteer
Fire Department and the Webster Springs Volunteer Fire Department.
Delegates Brown, Guthrie, Hatfield, Hunt, Skaff, Wells and Nelson offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 117 - "Requesting that bridge number 20-60/18-0.04 on Route 60/18 in Belle,
Kanawha County, West Virginia be named the 'Larry K. Conley Memorial Bridge'."
Whereas, Larry K. Conley was born on November 20, 1940, in Dupont City to George and
Madeline Groah Conley and passed away on February 13, 2011; and
Whereas, Larry K. Conley joined the Town of Belle Police Department in 1964 at the age
of twenty-three. He was promoted to Chief the following year and served on the force until his
retirement in 1991. He was an active member of the Fraternal Order of Police and represented state
law enforcement in many national conferences and meetings. He also worked with state legislative
leaders in law enforcement initiatives throughout the state; and
Whereas, Larry K. Conley successfully ran for City Council in 1992 and two years later was
elected Mayor. He served the town in that capacity for sixteen years, until his death. During his
term as Mayor he actively served on many committees and boards throughout the Kanawha Valley,
including the Regional Intergovernmental Council, Regional Development Authority, West Virginia
Municipal League, Upper Kanawha Valley Mayors' Association, Kanawha County Public Safety
Grant Committee, Citizens Action Committee of Belle, Kanawha County Democratic Executive
Committee and Thunder in the Mountains; and
Whereas, Larry K. Conley was the Kanawha County Democrat of the Year in 2003, an
honor he was particularly proud of. He dedicated forty-seven years of his life serving the town of
Belle, and he did so with great joy and enthusiasm. He was by definition a true public servant;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 20-60/18-0.04 on
Route 60/18 in Belle, Kanawha County, West Virginia the "Larry K. Conley 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 "Larry K. Conley 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 Larry K. Conley, his
wife, Barbara Conley; daughters, Melody Pendergrass and her husband, Greg, of Pinch and Michele
Higginbotham and her husband, Brian, of Shrewsbury; sisters, Patricia Hicks of Belle and Sharon
Fleming of Parkersburg; grandchildren, Emma Pendergrass and Ethan Higginbotham; and lifelong
friend, Ralph Neil.
Delegates Boggs, Smith, Walker, Staggers, Perry, Pino, Talbott and Sigler offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 118 - "Requesting the Joint Committee on Government and Finance to conduct a
feasibility study for a proposed multi-county ATV trail system in Central West Virginia."
Whereas, The study area is to include the seven central West Virginia counties of Braxton,
Clay, Gilmer, Lewis, Calhoun, Nicholas and Webster; and
Whereas, These counties are very similar to the Hatfield-McCoy region in that their
economic base has dwindled substantially, resulting in significant economic hardship, due to the loss
of natural resource-based industry. Each area can benefit greatly from the successful introduction of well-managed recreational based tourism. Each area has vast networks of residual trail systems from
natural resource extraction activities. Each region is located within a day's drive of large population
centers and in areas where there is a relative shortage of motorized trail-related opportunities; and
Whereas, This provides a great opportunity for the successful development and expansion
of motorized-use trails. These regions also include large areas of privately-owned land where well-
managed trail facilities could exist without hurting the land owners interests; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a
feasibility study for a proposed multi-county ATV trail system in Central West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance shall work with the
Rahall Appalachian Transportation Institute as they were instrumental in researching and developing
the Hatfield-McCoy Regional Recreation Authority; 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 any costs associated with any work conducted by the Rahall
Appalachian Transportation Institute and any other 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 Talbott, Fragale, Guthrie, Manypenny, Martin, Pino, Reynolds, Shaver,
Swartzmiller, Wells, Hamilton, Ireland, Anderson, Duke, Ellem, Evans and Romine offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 119 - "Requesting the Joint Committee on Government and Finance study the
creation of a hunting license permitting crossbow hunting."
Whereas, West Virginia currently permits the use of a crossbow for hunting only for
individuals who have a permanent physical impairment which renders them so disabled as to be unable to use a conventional bow and arrow device; and
Whereas, Many states allow the use of crossbows by non-disabled individuals; and
Whereas, States that allow crossbow hunting have varying restrictions, license fees, safety
training requirements and specifications on crossbows permitted; and, 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
on the creation of a hunting license permitting crossbow hunting; 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 Talbott, Fragale, Guthrie, Hall, Manypenny, Martin, L. Phillips, R. Phillips, Pino,
Shaver, Swartzmiller, Wells, Anderson, Duke, Ellem, Evans and Romine offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 120 - "Requesting the Joint Committee on Government and Finance study the
effect of transferring supervisory and jurisdictional responsibilities of all or part of Coopers Rock
State Forest from the Division of Forestry to the Division of Natural Resources and prohibiting the
sale of timber in all or part of Coopers Rock State Forest."
Whereas, All West Virginia state forests are managed by and under the jurisdiction of the
Division of Forestry, except for Kanawha State Forest; and
Whereas, Kanawha State Forest is managed by and under the jurisdiction of the Division
of Natural Resources; and
Whereas, Sale of timber from Kanawha State Forest is prohibited; and
Whereas, Legislation was introduced to transfer supervisory and jurisdictional
responsibilities of Coopers Rock State Forest from the Division of Forestry to the Division of
Natural Resources and prohibiting the sale of timber from the Coopers Rock State Forest, treating
Coopers Rock State Forest like Kanawha State Forest; and
Whereas, Coopers Rock State Forest south of I-68 is utilized by the public for recreational
purposes; and
Whereas, In the past twelve months, there were approximately 200,000 recreational visitors
to the portion of the forest south of I-68; and
Whereas, There are concerns about timbering and the effects of timbering on the portion
of the forest located south of I-68; and
Whereas, The West Virginia University Division of Forestry and Natural Resources utilizes
Coopers Rock State Forest north of I-68 for research; and
Whereas, If the supervisory and jurisdictional responsibilities of the forest were transferred
to the Division of Natural Resources and timber harvest prohibited, the West Virginia University
Division of Forestry and Natural Resources may be required to relocate all educationally based labs
for students, all professional training and outreach programs, and all research that would use Coopers
Rock State Forest relative to management and stand manipulation; and
Whereas, Transferring supervisory and jurisdictional responsibilities of all or part of
Coopers Rock State Forest from the Division of Forestry to the Division of Natural Resources could
have a significant fiscal impact to the Division of Forestry and the West Virginia University Division
of Forestry and Natural Resources; and, 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
on the effect of transferring supervisory and jurisdictional responsibilities of all or part of Coopers
Rock State Forest from the Division of Forestry to the Division of Natural Resources and prohibiting
the sale of timber on all or part of Coopers Rock State Forest; 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.
Special Calendar
Third Reading
Com. Sub. for H. B. 2512, Relating to pawnbrokers; 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. 172),
and there were--yeas 91, nays 9, absent and not voting none, with the nays being as follows:
Nays: Carmichael, Duke, Ellem, Householder, Howell, Lane, Overington, Romine and
Storch.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2512) 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. 2703, Relating to qualifications of members of certain county
commissions; on third reading, coming up in regular order, was reported by the Clerk.
Delegate Miley asked and obtained unanimous consent to offer and amendment on third
reading.
On motion of Delegate Miley, the bill was amended on page two, section three, line sixteen,
immediately following the word chapter, by striking out the word "sixty" and inserting in lieu thereof
the word "six-B",
On page eight, section seven, line thirteen, immediately following the word "chapter", by
striking out the word "sixty" and inserting in lieu thereof the word "six-B",
And,
On page fourteen, section twelve, line nineteen, immediately following the word "chapter",
by striking out the word "sixty" and inserting in lieu thereof the word "six-B".
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 173),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2703) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2703 - "A Bill to amend and reenact §7-14-3 of the Code of West
Virginia, 1931, as amended; to amend and reenact §8-14-7 of said code; and to amend and reenact
§8-15-12 of said code, all relating to county civil service commissions; qualifications of members
of the Policemen's Civil Service Commission; qualifications of members of the Firemen's Civil
Service Commission; qualifications of members of other Civil Service Commissions of the counties;
restrictions from service; and disqualifications from service."
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. 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; 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. 174),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2981) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 175), and there were--yeas 100,
nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2981) takes effect July 1, 2011.
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. 3050, Relating to the practice of dieticians; 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. 176),
and there were--yeas 75, nays 25, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Ashley, Carmichael, Cowles, Duke, Ellington, Gearheart,
Householder, Howell, Ireland, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon,
Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3050) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 177), and there were--yeas 77, nays
23, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Carmichael, Cowles, Duke, Ellington, Gearheart, Householder,
Howell, Ireland, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Savilla, Sigler, Snuffer,
Sobonya, Storch, Sumner and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3050) 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. 3067, Enhancing funding for civil legal services for the poor; 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. 178),
and there were--yeas 71, nays 29, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Carmichael, Cowles, Duke, Ellem, Ellington,
Gearheart, Hamilton, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal,
Overington, Pasdon, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3067) 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. 3087, Requiring qualifying law-enforcement officers employed by a
West Virginia law-enforcement agency to receive certification to carry a concealed firearm
nationwide; 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. 179),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Wells.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3087) 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. 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; 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. 180),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Gearheart.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3094) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for S. B. 458, Updating Logging Sediment Control Act; on second reading,
coming up in regular order, was read a second time
On motion of Delegate Miley, the bill was amended on page eight, section five, line thirty-
nine after the word "not", by striking out the words "revoke the" and on line forty, by striking out
the words "compliance order lifting the suspension", and inserting in lieu thereof the words "lift the
suspension".
And,
On page twelve, section seven, line fifty-four, following the word "shall", by inserting the
words "at no more than five-year intervals", and on line fifty-six, by striking out the words "every
five years".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2159, Relating to prohibiting members of the news media from being
compelled to give testimony; 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. 2362, Increasing penalties for financial exploitation of an elderly person
or incapacitated adult; 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. 2437, Requiring that cutter heads, long wall shears and other mining
machines automatically shut-off when the methane level reaches one percent; on second reading,
coming up in regular order, was read a second time.
On motion of Delegates Miley and Caputo, the bill was amended on page one, following the
enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following:
"That the Code of West Virginia, 1931 as amended, be amended by adding thereto a new
section, designated §22A-6-11, to read as follows:
ARTICLE 6. BOARD OF COAL MINE HEALTH AND SAFETY.
§22A-6-11. Study of methane detecting shut off devices.
Study of Automatic shut-down of mining machines. -- The Board of Coal Mine Health and
Safety is directed to conduct a study of the safety of installation of methane detection shut-off
devices on machine extraction apparatus, including, but not limited to, long wall sheers and cutter
heads. The Office shall study the benefits and appropriateness of requiring the installation of these
devices, to determine if there are safety benefits, and whether the Office recommends to the
Legislature that requirements regarding mandating these devises in underground mines is warranted.
The Office shall report to the Legislature's Joint Committee on Government and Finance by
December 31, 2011 with recommendations regarding whether it is appropriate to implement any
requirements."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2498, Relating to the practice of dentistry; 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. 2500, Relating to school personnel; 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. 2513, Relating to the practice of pharmacy; on second reading, coming
up in regular order, was read a second time.
On motion of Delegate Miley, the bill was amended on page seventy-seven, section twenty-
one, line sixty-two, by striking out the word "costs", and inserting in lieu thereof the word "price".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2524, Relating to the practice of speech-language pathology and audiology; 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. 2532, Zipline Responsibility 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. 2732, West Virginia Public Campaign Financing 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. 2876, Expanding eligibility for subsidies to enrollees in the model
health plan; 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. 2878, Hydraulic Fracturing and Horizontal Drilling Gas Act; on second
reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was 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. 2879, Providing a one-time, nonbase building, supplemental salary
increase for all eligible state employees; on second reading, coming up in regular order, was read a
second time.
On motion of Delegate White, the bill was amended on page fifty, section one-c, line thirty-
eight, following the words "the following schedule" and the colon, by striking out the remainder of
subsection (b) and inserting in lieu thereof the following:
"ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Natural Resources Police Officer In Training (first
year until end of probation)$31,222
Natural Resources Police Officer (second year)$34,881
Natural Resources Police Officer (third year)$35,277
Senior Natural Resources Police Officer (fourth and
fifth year)$35,601
Senior Natural Resources Police Officer First Class
(after fifth year)$37,797
Senior Natural Resources Police Officer (after tenth
year)$38,397
Senior Natural Resources Police Officer (after
fifteenth year)$38,833
Corporal (after sixteenth year)$42,105
Sergeant$46,401
First Sergeant$48,549
Lieutenant$52,857
Captain$55,005
Major$57,153
Lieutenant Colonel$59,301
Colonel
Natural resources police officers in service at the time the amendment to this section becomes
effective shall be given credit for prior service and shall be paid salaries
as the same length of service
will entitle entitles them to receive under the provisions of this section" followed by a period,
And,
On page fifty-two, section one-c, line seventy-seven, following the words "rank to another",
by striking out the period and inserting a colon and the following words:
"Provided, however, That
any natural resources police officer who receives an increase in compensation pursuant to the
amendment and reenactment of this section in 2011 shall not receive any across-the-board pay
increase granted by the Legislature or the Governor in 2011", followed by a period.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2888, Strengthening of protections for whistleblowers of unsafe
working conditions in mines; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Miley and Withrow, the bill was amended on page one, following
the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the
following:
"That the Code of West Virginia, 1931 as amended, be amended by adding thereto a new
section, designated §22A-6-12, to read as follows:
ARTICLE 6. BOARD OF COAL MINE HEALTH AND SAFETY.
§22A-6-12. Study of whistleblower protections.
Study of Whistleblower protections. -- The Board of Coal Mine Health and Safety is directed
to conduct a study of the need to expand protections for whistleblowers and other miners who refuse
to work in situations they perceive as unsafe in underground mines. The board shall study the
benefits and appropriateness of requiring additional protections that will encourage miners to
withdrawal from and report unsafe working conditions. The Office shall investigate whether any
pattern of retribution exists against these persons, and if so to make recommendations to the
Legislature regarding implementing additional protections. The Board shall report to the
Legislature's Joint Committee on Government and Finance by December 31, 2011 with
recommendations regarding whether it is appropriate to implement any additional protections."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2890, Energy Efficient Building 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. 2946, Requiring the issuance of a lawful prescription for dispensing
drug products containing chemical precursors of methamphetamine; 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. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to coal mine operators; 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. 2958, Allowing the West Virginia Racing Commission to use certain
permit and registration fees to pay salaries and other budgeted expenses; 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. 2959, Providing additional funds to the West Virginia Racing
Commission; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
H. B. 2976, Exempting barbers with twenty or more years of experience from continuing
education requirements; 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. 3004, Relating to the Greater Huntington Park and Recreation District;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
H. B. 3031, Authorizing professional licensing boards to obtain criminal history record
checks; 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. 3034, Recognizing outstanding students who are top achievers in
scholastic studies; 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. 3044, Relating to civil forfeiture actions related to criminal activity;
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. 3054, Relating to DNA data collection; 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. 3068, Creating the WVU-Tech Revitalization Project; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
H. B. 3075, Increasing the time period in the hold-harmless provision when distributing state
aid to local health departments; 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. 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; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Miley, the bill was amended on page seven, section twenty-two, by
striking out the section in its entirety and inserting in lieu thereof the following:
"
§30-6-22. Disposition of body of deceased person; penalty.
(a) No public officer, employee, physician or surgeon, or any other person having a
professional relationship with the deceased,
shall may send, or cause to be sent to
any an embalmer,
funeral director or crematory operator the body of
any a deceased without first inquiring the desires
of
the deceased by virtue of a last will and testament, advance directive or preened funeral contract;
the surviving spouse, if he or she cohabitated with the deceased at the time of death; a person
previously designated in a signed notarized writing by the deceased to make such a decision:
Provided, That no person may be designated to serve in such capacity for more than one nonrelative
at any one time, the next of kin, or any persons who may be chargeable with the funeral expenses
of the deceased.
If any next of kin or person can be found, his or her If there is no prior directive,
designated individual or surviving spouse, then the authority and direction
of any next of kin or
persons who may be chargeable with the funeral expenses of the deceased shall be used as to the
disposal of the body of the deceased.
The provisions of this subsection are not applicable if the
remains of the decedent are subject to disposition pursuant to subsection (b) of this section.
(b) Notwithstanding any provision of this code to the contrary, a United States Department
of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who dies while serving in a branch of the United States Military as defined in 10 U.S.C. §1481 constitutes a valid
form of declaration instrument and governs the disposition of the declarant's remains. The person
named in the form as the person authorized to direct disposition of the remains may arrange for the
final disposition of the declarant's last remains.
(b)(c) Any person who violates the provisions of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than $500, nor more than $1,000, or
imprisoned
confined in jail not less than ten days nor more than ninety days, or both
fined and confined."
The bill was then ordered to engrossment and third reading.
H. B. 3096, Instituting new rules for hiring and firing of law-enforcement officers that leave
a training academy; 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. 3098, Clarifying levels of West Virginia Greyhound Breeding
Development Fund payouts, and providing funding for greyhound adoption and spay and neutering
programs; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 3137, Providing for additional circumstances giving rise to "state 'on' indicators" for
purposes of extended unemployment compensation; 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. 3143, Relating to penalties for causing injury or death to certain
animals used by law enforcement; on second reading, coming up in regular order, was read a second
time.
On motion of Delegate Miley, the bill was amended on page two, section twenty-four, line
ten, after the word "not", by inserting the following, "
less than one year nor".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3144, Creating a criminal offense and adding misdemeanor criminal
penalties for picketing or disrupting funerals; 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. 3163, Relating to workers' compensation programs of state government
entities; 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. 3171, Providing educators with the education and training necessary
to ensure the safety of state schools; 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. 3172, Including certain employees of the office of the West Virginia
Alcohol Beverage Control Commissioner be included in the classified service; 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. 3185, Allowing county commissions to waive or reduce impact fees
and capital improvement fees of affordable housing units in their county; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3193, Permitting persons who have been convicted of felonies to qualify for jury
service; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Frazier and Miley, the bill was amended on page three, section eight,
lines thirty-five and thirty-six, by striking out the words "false swearing or other infamous offense"
and inserting in lieu thereof the words "or false swearing".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3194, Increasing the age of consent that a minor may refuse mental
health treatment; 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. 3196, Establishing a program and procedure for certifying medications
assistive persons in the health industry; on second reading, coming up in regular order, was read a
second time.
On motion of Delegate Perdue, the bill was amended on page sixteen, section thirteen, line one, following the word "promulgate", by deleting the word "legislative" and inserting in lieu thereof
the word "emergency",
And,
On page sixteen, section thirteen, line two, following the word "of", by adding "section
fifteen" and a comma.
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3202, Relating to residential rental security deposits; 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. 3204, Creating the West Virginia Enterprise Resource Planning Board
and Executive Committee; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
H. B. 3224, Removing annual credit cap for expansion projects; 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. 3225, Expanding the definition of harassment, intimidation or bullying;
on second reading, coming up in regular order, was read a second time
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with restricted right to amend by Delegates M. Poling and Miley, and the rule was suspended
to permit the consideration of the amendment on that reading.
Com. Sub. for H. B. 3231, Establishing prohibited acts relating to possession of controlled
substances obtained from more than one heath practitioner; 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. 3243, Relating to appointments or promotions to positions in paid
municipal fire departments; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
H. B. 3270, Allowing reports to be generated by the Legislative Auditor and authorizing
audits of state funds; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3271, Relating to the distribution of state funds to volunteer fire companies and
departments; on second reading, coming up in regular order, was read a second time.
An amendment, heretofore filed by Delegates Armstead, Nelson and Lane accompanied the
bill.
At the request of Delegate Boggs, and by unanimous consent, the bill was 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.
At 11:46 a.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, March 2,
2011.