hdj2010-01-22-10
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FRIDAY, JANUARY 22, 2010
TENTH 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, January 21, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4041, Authorizing the School Building Authority to issue bonds in the maximum
aggregate amount of $500 million outstanding at any time,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4041) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4144, Relating to the board of veterinary medicine,
And reports the same back with the recommendation that it 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. 4124, Speech-Language Pathology and Audiology,
And,
H. B. 4140, Relating to the board of physical therapy,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4124 and H. B. 4140)
were each referred to the Committee on the Judiciary.
Resolutions Introduced
Delegate Smith offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 8 - "Requesting the Division of Highways to name the bridge in Bendale on State
Route 19, 0.34 mile south of the junction of County Route 19/3 and crossing the West Fork River,
bridge number 21-19-22.03, as the 'Lance Corporal Larry Steven Heater Memorial Bridge'."
Whereas, Lance Corporal Larry Steven Heater was born on June 26, 1948, in Weston, a son
of Mr. and Mrs. Arnold Heater; and
Whereas, Lance Corporal Heater grew up in Weston and graduated in 1966 from the
Weston High School; and
Whereas, While in high school, Lance Corporal Heater was a varsity wrestler in the 122
pound class. In 1966 he had eleven wins and won medals in the Elkins and Weston Wrestling
Tournaments. During his third year he only lost one match; and
Whereas, Being adept at sports in high school Lance Corporal Heater played three years of
football, playing defensive end and ran on the two mile relay track team; and
Whereas, Lance Corporal Heater entered the U.S. Marine Corps on June 1, 1968, and after
successfully completing eight weeks of training at Camp Pendleton in California, he was promoted
to Private First Class; and
Whereas, On November 22, 1968, Lance Corporal Heater was wounded and on December
1, 1968, he died in Vietnam in service to his country; and
Whereas, Lance Corporal Heater was awarded the American Purple Heart twice and the
Vietnam Purple Heart, in addition to the Sharp Shooter Medal, the Good Conduct Medal and three
additional medals; and
Whereas, Prior to joining the Marines Lance Corporal Heater was employed by the West
Virginia State Road Commission and had intended to enroll at Fairmont State College to study history; and
Whereas, It is fitting to honor Lance Corporal Heater for his service to his community, his
state and giving the ultimate sacrifice to his country by naming the bridge in Bendale on State Route
19, 0.34 mile south of the junction of County Route 19/3 and crossing the West Fork River, bridge
number 21-19-22.03, as the "Lance Corporal Larry Steven Heater Memorial Bridge"; therefore, be
it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the bridge in Bendale
on State Route 19, 0.34 mile south of the junction of County Route 19/3 and crossing the West Fork
River, bridge number 21-19-22.03, as the "Lance Corporal Larry Steven Heater 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 "Lance Corporal Larry Steven Heater 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 and to Lance Corporal Larry Steven
Heater's surviving brothers and sisters, including Gary Lynn Heater, Donnie Lee Heater, Danny Ray
Heater, Bruce Lane Heater, Gregory Heater, Billy Joe Heater, Jeffrey Heater, Barbara Heater Miller,
Vickie Heater, Linda Heater, Beverly Heater Lipps and Tammy Heater McDonald.
Delegates Morgan, Stephens, Swartzmiller, Hartman, D. Poling, Givens, Martin, Rowan,
Manypenny, Poore and C. Miller offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 9 - "Requesting that the Joint Committee on Government and Finance authorize a
study of the law governing the West Virginia Board of Examiners for Speech-Language Pathology
and Audiology."
Whereas, The Board regulating the profession of Speech-Language Pathology and
Audiology licensed over 700 speech-language pathologists and audiologists in 2009; and
Whereas, Changes have occurred in the practice of these professions 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 West Virginia Board of Examiners for Speech-language
Pathology and Audiology 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 Examiners for Speech-Language Pathology
and Audiology; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Delegates Eldridge, Stowers, Butcher and Rodighiero offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Division of Highways name the section of U.S. Route 119 that
runs through Lincoln County the 'Sgt. Justin Alan Thompson Memorial Highway'."
Whereas, Sergeant Thompson was a member of the Lincoln County Sheriff's Department
for five years; and
Whereas, Sergeant Thompson was killed in the line of duty on June 19, 2007; and
Whereas, U.S. Route 119 runs through Lincoln County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the section of U.S.
Route 119 that runs through Lincoln County the "Sgt. Justin Alan Thompson Memorial Highway";
and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the section of U.S. Route 119 that runs through Lincoln County "Sgt. Justin Alan
Thompson Memorial Highway"; 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 and the family of Sgt. Justin Alan
Thompson.
Delegates Manchin, Caputo, Cann, Fragale, Iaquinta, Longstreth, Manypenny and Miley
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting the Division of Highways erect two signs on I-79 when entering
Marion County honoring two West Virginia football legends, Sam Huff and Frank 'Gunner' Gatski that read 'Home of Football Hall of Fame Members Frank "Gunner" Gatski and Sam Huff'."
Whereas, Sam Huff was born and grew up in Edna Gas and attended and played high school
football at the now-closed Farmington High School, where he was both an offensive and defensive
lineman. While he was there, Mr. Huff helped lead the team to an undefeated season in 1951. He
earned all-state honors in 1952 and was named to the first team all Mason- Dixon Conference; and
Whereas, Mr. Huff attended and played college football at West Virginia University and
started at guard as a sophomore and tackle the next two years, after winning a letter as a backup
guard during his freshman season. He was a four-year letterman and helped lead West Virginia to
a combined four-year mark of 31-7 and a berth in the 1954 Sugar Bowl. In 1955, Mr. Huff was
voted an All-American and served as cocaptain in both the East-West Shrine Game and the Senior
Bowl; and
Whereas, Mr. Huff played in the National Football League (NFL) for the New York Giants
from 1956 to 1963 and the Washington Redskins from 1964. He played in four straight Pro Bowls
with the Giants from 1959 to 1963 and was named most valuable player of the 1961 Pro Bowl; and
Whereas, Mr. Huff became the first NFL player to be featured on the cover of Time
Magazine on November 30, 1959, and was elected to the Pro Football Hall of Fame in 1982. In
addition to being inducted into the College Football Hall of Fame, in 1988 Mr. Huff was inducted
into the West Virginia University School of Physical Education Hall of Fame and, in 1991 was
inducted into the West Virginia University Sports Hall of Fame. In 1999, Mr. Huff was inducted
into the National High School Hall of Fame and was ranked 76th on The Sporting News' list of the
"100 Greatest Football Players". On November 24, 2005, his uniform, number 75, was retired by
West Virginia University; and
Whereas, Frank "Gunner" Gatski was born on March 18, 1919 in Farmington and attended
Marshall University and Auburn University and played as a center and linebacker; and
Whereas, Mr. Gatski played center for the NFL teams Cleveland Browns from 1946 to 1956
and the Detroit Lions in 1957. In twelve seasons, his teams played for the league title eleven times;
and
Whereas, Mr. Gatski was elected to the Pro Football Hall of Fame in 1985, in a class that
included Joe Namath, Pete Rozelle, O. J. Simpson, and Roger Staubach; and
Whereas, Marshall University retired Mr. Gatski's uniform, (number 72), on October 15,
2005, the first Marshall University football player to be so honored; and
Whereas, Mr. Gatski died on November 22, 2005, in Morgantown; and
Whereas, It is fitting to honor Sam Huff and Frank "Gunner" Gatski for their outstanding
football careers that brought enormous positive attention and pride to their communities and their
state by erecting two signs on I-79 when entering Marion County honoring those two West Virginia
football legends that read "Home of Football Hall of Fame Members Frank 'Gunner' Gatski and Sam
Huff"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways erect two signs on I-79 when
entering Marion County honoring two West Virginia football legends, Sam Huff and Frank
"Gunner" Gatski that read "Home of Football Hall of Fame Members Frank 'Gunner' Gatski and
Sam Huff"; 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 the family of Frank "Gunner" Gatski and to Sam Huff and to his family
.
Delegate Smith offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 12 - "Requesting the Division of Highways to name the bridge on Murphy's Creek
on Lewis County Route 24, 0.08 mile south of the junction of Route 19 and crossing the West Fork
River, bridge number 21-24-5.03, currently named the Kitsonville W. Beam Bridge, as the 'Private
Archie A. "Whack" Jordan Memorial Bridge'."
Whereas, Private Archie A. "Whack" Jordan was born on October 22, 1932, in Weston,
a son of Edward M. and Beatrice J. Jordan; and
Whereas, Private Jordan grew up in Weston and attended Weston High School and the
Bendale Methodist Church; and
Whereas, Private Jordan was killed on August 10, 1950 in action while serving in the
United Sates Armed Forces in Hans River, Korea; and
Whereas, It is fitting to honor Private Jordan for his service to his community, his state and
giving the ultimate sacrifice to his country by renaming the bridge on Murphy's Creek on Lewis
County Route 24, 0.08 mile south of the junction of Route 19 and crossing the West Fork River,
bridge number 21-24-5.03, as the "Private Archie A. 'Whack' Jordan Memorial Bridge"; therefore,
be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to rename the bridge on
Murphy's Creek on Lewis County Route 24, 0.08 mile south of the junction of Route 19 and
crossing the West Fork River, bridge number 21-24-5.03, as the "Private Archie A. 'Whack' Jordan 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 "Private Archie A. 'Whack' Jordan 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 Michael Allen Jordan and Anna
Lee Hite and to Private Jordan's surviving brothers and sisters, including Dale Evans, Foster Evans,
Jack Evans, Charles Jordan, Jerry Jordan, James Jordan, Freda Jordan, Helen Jordan, Virginia
Jordan, Lucille Jordan and Mary Jordan.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Morgan, Stephens, Swartzmiller, Hartman, Givens, Manypenny and
Staggers:
H. B. 4157 - "A Bill to amend and reenact §5-6-1, of the Code of West Virginia, 1931, as
amended; to amend and reenact §5A-1-11 of said code; to amend and reenact §5B-1-1a of said code;
to amend and reenact §9-2-1a of said code; to amend and reenact §16-1-16 of said code; to amend
and reenact §17-16A-3 of said code; to amend and reenact §17B-2-7a of said code; to amend and
reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and
reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact
§22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-
2 of said code; to amend and reenact §24E-1-11 of said code; to amend and reenact §30-30-3 of said code; and to amend and reenact §47A-1-1 of said code, all relating to repealing outdated sunset
language"; to the Committee on Government Organization then the Judiciary.
By Delegates Butcher, Caputo, Eldridge, Rodighiero, Skaff, Hall and Stowers:
H. B. 4158 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §6-3A-1, §6-3A-2 and §6-3A-3, all relating to
neighborhood crime watch programs; creation of the organization; purpose of the program; criminal
penalties for harassing members of the program; and procedures for maintaining the anonymity of
members of this group and others that report crimes"; to the Committee on the Judiciary then
Finance.
By Delegate Givens:
H. B. 4159 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-4-22, relating to requiring insurers to notify insureds of all rate
increases before they take effect"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Fleischauer, Perdue, Hatfield, Craig, Guthrie, Beach, Marshall, Shook,
White, Kominar and Poore:
H. B. 4160 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12j; and to amend said code by adding thereto a new
section, designated §11-24-25, all relating to the creation of a tax incentive to dental practitioners
to perform dental services at no cost to indigent patients; providing a decreasing modification
reducing federal gross income; providing a decreasing modification reducing federal taxable income;
defining terms; providing amount of decreasing modifications; and requiring a schedule to be filed
with a tax return to receive the decreasing modifications"; to the Committee on Health and Human Resources then Finance.
By Delegates Moore, Guthrie, Lawrence, Marshall and Shott:
H. B. 4161 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert
Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing
for an executive director, staff and office; requiring annual reports to the Governor and the Joint
Committee on Government and Finance; and creating a Minority Affairs Fund"; to the Committee
on Government Organization then Finance.
By Delegates Guthrie, Hartman, Craig and Campbell:
H. B. 4162 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-11c, relating to providing a tax credit for obtaining certain
certifications by the United States Green Building Council Leadership in Energy and Environmental
Design (LEEducation) green building rating system or the Green Globes Building Initiative green
building rating standard; setting forth the amount of the credit; establishing who may take the credit;
establishing the amount of the credit; establishing the criteria for taking the credit; providing
rulemaking authority; and defining terms"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Shook, Craig and Morgan:
H. B. 4163 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as
amended, relating to the administration of the West Virginia Public Employees Insurance Agency;
specifically, optional participation by state institutions of higher education"; to the Committee on
Education then Finance.
By Delegates Hatfield, Perdue, Brown, Guthrie, Campbell, Wells, Wooton, Marshall,
Mahan and Givens:
H. B. 4164 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §49-7-35, relating to the creation of a pilot program for the
placement of children four to ten years of age in foster care"; to the Committee on Health and
Human Resources then Finance.
House Calendar
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 4026, Relating to higher education capital facilities generally,
H. B. 4040, Requiring county boards to adopt contingency plans designed to guarantee one
hundred eighty separate days of instruction for students,
And,
H. B. 4138, Relating to the practice of medical imaging and radiation therapy.
At 11:11 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 25,
2010.
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