hdj2010-02-02-21
__________*__________
TUESDAY, FEBRUARY 2, 2010
TWENTY-FIRST 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 1, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Wells, 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 2
nd
day of February, 2010, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 4040), Requiring county boards to adopt contingency plans designed to guarantee one
hundred eighty separate days of instruction for students.
Resolutions Introduced
Delegates Butcher, Eldridge, Rodighiero and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 20 - "Requesting the Division of Highways to name bridge number 23-16/8-0.23
on Market Street in Man, Logan County, West Virginia the 'PFC Ezra Craft Memorial Bridge'."
Whereas, PFC Ezra Craft was born on August 30, 1946, and was raised in Logan County,
West Virginia; and
Whereas, PFC Ezra Craft was killed in action while serving his country in Vietnam on May
28, 1968; and
Whereas, On that fateful day in 1968, PFC Ezra Craft gave the last full measure of devotion
to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it
henceforth stand as a permanent memorial so that PFC Ezra Craft's supreme sacrifice will never be
forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-16/8-0.23 on
Market Street in Man, Logan County, West Virginia the "PFC Ezra Craft Memorial Bridge"; and,
be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "PFC Ezra Craft Memorial Bridge" with a designation that PFC
Ezra Craft served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
Resolution to the family of PFC Ezra Craft and the Secretary of the Department of Transportation.
Delegate Shaver offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 21 - "Requesting the bridge crossing the Shavers Fork River at Parsons in Tucker
County, West Virginia, specifically bridge number 47-219-8.25, be named the 'Sheriff O. Gay
Hovatter Memorial Bridge'."
Whereas, Sheriff O. Gay Hovatter was born in Tucker County, West Virginia in 1895. He
served the Auviltown and Parsons communities in Tucker County as a merchant for twenty-five
years and opened the state liquor store in Parsons, managing it until 1943; and
Whereas, Sheriff O. Gay Hovatter was an outstanding organizer and citizen in the
community, serving in the United States Army during World War I in the field artillery. He was a
commander of the American Legion Cheat Valley Post 101 and was the first commander and
organizer of the General Garnett Post 4322 of the Veterans of Foreign Wars. He was a member of
the Pythagoras Lodge No. 128, Ancient Free and Accepted Masons, Order of Eastern Star No. 91
and Independent Order of Odd Fellows, Parsons Lodge No. 99; and
Whereas, Sheriff O. Gay Hovatter was elected sheriff of Tucker County in 1944. He was
killed in the line of duty on September 9, 1946, along with Sergeant Horne of the West Virginia State
Police while attempting to arrest one Mark McCauley in Mineral County for stealing a truck.
McCauley shot both officers with a .38 revolver. Sergeant Horne died within ten minutes. Sheriff
O. Gay Hovatter died en route to the hospital. McCauley was captured the next day and was
subsequently convicted of the murder of the two officers. He then had the dubious distinction of
being the last person hanged at the West Virginia Penitentiary prior to the introduction of the electric
chair at that institution. Sheriff O. Gay Hovatter was one of three law-enforcement officers killed
in the line of duty in Tucker. He served his community, state and country with distinction, making
the supreme sacrifice as the chief law-enforcement officer of his home county. The Parsons City
Council believes that it is fit and proper to honor the achievements and sacrifice of Sheriff O. Gay
Hovatter by naming a new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 47-219-8.25
crossing the Shavers Fork River in the city limits of Parsons in Tucker County, West Virginia,
"Sheriff O. Gay Hovatter Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Sheriff O. Gay Hovatter 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 Parsons City Council.
Delegates Eldridge, Iaquinta, Talbott, Butcher, Rodighiero, Fragale, Stowers and Barker
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 22 - "Requesting the bridge at Woodville, Lincoln County, West Virginia,
specifically bridge number 22-3/10-1.83 be named the 'PFC Karol Clay Memorial Bridge'."
Whereas, Private First Class Karol Clay was born in Boone County, West Virginia,
September 4, 1949, the son of Frank and Edith Clay (both deceased) and was the youngest child.
His father was a coal miner and his mother a housewife. He dropped out of school at age 16 and
moved to Chicago, Illinois to seek employment. He worked there for the Clark Candy Company,
where he received a work related injury resulting in severe burns over much of his body. The Draft
Board declared him ineligible to serve in the military due to these injuries, but he volunteered and
entered the United States Army on November 30, 1967, while a resident of Chicago. He trained at
Campbell, Kentucky, graduating in February, 1968; and
Whereas, Private First Class Karol Clay was with Company D, 26 Engineers' Battalion in
Vietnam where he was mortally wounded in action on August 10, 1968. He was awarded,
posthumously, the Purple Heart and The Bronze Star Medal. Private First Class Karol Clay was
buried in the family cemetery on Right Fork Road at Morrisvale, West Virginia. He never married;
and
Whereas, He served his adopted community, home state and country with distinction,
making the supreme sacrifice while on a mission in Vietnam and it is fit and proper to honor the
achievements and sacrifice of Private First Class Karol Clay, a native West Virginian by naming a
new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested that the bridge at Woodville, Lincoln
County, West Virginia, specifically bridge number 22-3/10-1.83 be named the "PFC Karol Clay
Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "PFC Karol Clay Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the surviving family of Private First
Class Karol Clay.
Delegates Butcher, Eldridge, Rodighiero and Stowers offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 23 - "Requesting the Division of Highways to name the new State Route 10 bridge
over the Guyandotte River at Man, Logan County, West Virginia the 'SFC Terrance N. Gentry
Memorial Bridge' upon the bridge's subsequent completion and opening."
Whereas, SFC Terrance N. Gentry was born on June 28, 1949, and raised in Man, West
Virginia; and
Whereas, SFC Terrance N. Gentry was killed in action while serving with the 101
st
Airborne Division in Vietnam on August 25, 1969; and
Whereas, On that fateful day in 1969, Terrance N. Gentry gave the last full measure of
devotion to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it
henceforth stand as a permanent memorial so that SFC Terrance N. Gentry's supreme sacrifice will
never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the new State Route 10 bridge
over the Guyandotte River at Man, Logan County, West Virginia the "SFC Terrance N. Gentry
Memorial Bridge" upon the bridge's subsequent completion and opening; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "SFC Terrance N. Gentry Memorial Bridge" with a designation
that SFC Terrance N. Gentry served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
Resolution to the family of SFC Terrance N. Gentry and the Secretary of the Department of
Transportation.
Delegates Butcher, Eldridge, Rodighiero and Stowers offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Requesting the Division of Highways to name bridge number 23-10-9.00 on
State Route 10 at Man, Logan County, West Virginia the 'PFC Franklin L. Conn Memorial Bridge'."
Whereas, PFC Franklin L. Conn was born on November 29, 1941, and raised in Accoville,
West Virginia; and
Whereas, PFC Franklin L. Conn was killed in action while serving his country in Vietnam
on November 12, 1965; and
Whereas, On that fateful day in 1965, PFC Franklin L. Conn gave the last full measure of
devotion to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it
henceforth stand as a permanent memorial so that PFC Franklin L. Conn's supreme sacrifice will
never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-10-9.00 on
State Route 10 at Man, Logan County, West Virginia the "PFC Franklin L. Conn Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "PFC Franklin L. Conn Memorial Bridge" with a designation that
PFC Franklin L. Conn served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of PFC Franklin L. Conn and the Secretary of the Department of
Transportation.
Delegates Butcher, Eldridge, Rodighiero and Stowers offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 25 - "Requesting the Division of Highways to name bridge number 23-10-8.26 on
old State Route 10 in Man, Logan County, West Virginia the 'PFC Clarence Ellis Memorial
Bridge'."
Whereas, PFC Clarence Ellis was born on May 28, 1948, and raised in Hunt, West Virginia;
and
Whereas, PFC Clarence Ellis was killed in action while serving his country in Vietnam on
January 17, 1969; and
Whereas, On that fateful day in 1969, PFC Clarence Ellis gave the last full measure of
devotion to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it
henceforth stand as a permanent memorial so that PFC Clarence Ellis' supreme sacrifice will never
be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-10-8.26 on old
State Route 10 in Man, Logan County, West Virginia the "PFC Clarence Ellis Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "PFC Clarence Ellis Memorial Bridge" with a designation that PFC Clarence Ellis served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of PFC Clarence Ellis and the Secretary of the Department of Transportation.
Mr. Speaker, Mr. Thompson, and Delegates Marshall, Anderson, Andes, Armstead, Azinger,
Barker, Beach, Blair, Boggs, Brown, Butcher, Campbell, Canterbury, Caputo, Carmichael, Cowles,
Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Evans, Ferro, Fleischauer, Frazier, Givens, Guthrie,
Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Klempa, Lane, Longstreth, Manchin,
Manypenny, Martin, McGeehan, Michael, Miley, C. Miller, Moore, Morgan, Overington, Paxton,
Perdue, Perry, Pethtel, Phillips, D. Poling, Poore, Porter, Rodighiero, Romine, Ross, Rowan,
Schadler, Schoen, Shott, Skaff, Smith, Spencer, Staggers, Stephens, Stowers, Sumner, Susman,
Varner, D. Walker, T. Walker, Walters, Wells and Williams offered the following resolution, which
was read by the Clerk as follows:
H. R. 12 - "Designating February 2, 2010, as 'Crime Victims Day at the Legislature'."
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime
Victims Day at the Legislature" by providing all of the crime victim agencies and individuals who
serve victims of crime an opportunity to educate the members of the Legislature and the public about
the many services available to assist victims of crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of crime and their families
in West Virginia strive to foster the healing of victims and their families through treatment for their
many needs including, but not limited to, advocacy for and on behalf of victims and their families,
medical treatment and mental health counseling, compensation, and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of
crime and families make valuable contributions to those who have been affected by crime in our
State; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many
organizations and individuals who serve the needs of victims of crime and appreciate their many
contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to
foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 2, 2010, as "Crime Victims Day at
the Legislature"; and, be it
Further Resolved, That the House of Delegates expresses its appreciation to the many
organizations which serve victims of crime and their families throughout our State and for the
dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the
appropriate official with the West Virginia Crime Victims Compensation Fund, Cheryle M. Hall,
Clerk of the Court.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Petitions
Delegates Ennis and Givens presented a petition on behalf of their constituents, requesting
the Division of Highways remove the passing zone on Route 27, Washington Pike; which was
referred to the Committee on Roads and Transportation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Reynolds:
H. B. 4264 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931,
as amended, relating to requiring the manually counting of ballots in five percent of the relevant
precincts in only contested elections"; to the Committee on the Judiciary.
By Delegate Reynolds:
H. B. 4265 - "A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §61-6-1a of said code, all relating to
prohibiting the taking of lawfully possessed arms and ammunition during a declared state of
emergency or riot; and making legislative findings and declarations"; to the Committee on the
Judiciary.
By Delegates Moye, Barker, M. Poling, Stephens, Campbell, Schoen, Rodighiero, D.
Poling and Argento:
H. B. 4266 - "A Bill to amend and reenact §21-1B-2 and §21-1B-3 of the Code of West
Virginia, 1931, as amended, all relating to verifying legal employment status of workers; providing
new definitions; requiring employers to register with and utilize the electronic verification of work
authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of
1996, Public Law 104-208, Division C, Section 403(a); 8 U.S.C. Section 1324a, and operated by the
United States Department of Homeland Security, known as the E-Verify Program; and providing
dates by which employers are to meet the verification requirements"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates J. Miller, Blair, Cowles, Overington and Duke:
H. B. 4267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24-3-11, relating to creating a mandatory grace period for the
payment of water and sewer bills"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates D. Walker, Iaquinta, Smith, Paxton, Hall and Perry:
H. B. 4268 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-1-7, relating to exempting from certain taxation and
toll fees members of the military service of the state or United States who are totally disabled as the
result of injuries received on active duty; and providing exceptions"; to the Committee on Veterans'
Affairs and Homeland Security then Finance.
By Delegate Reynolds:
H. B. 4269 - "A Bill to amend and reenact §47-19-1 of the Code of West Virginia, 1931, as
amended, relating to restricting the sale of drug paraphernalia to licensed pharmacies"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Varner, Butcher, Martin, Crosier, D. Walker, Kominar and Boggs:
H. B. 4270 - "A Bill to amend and reenact §17C-17A-5 of the Code of West Virginia, 1931,
as amended, relating to regulation of the commercial transportation of coal; funding of weight and
safety enforcement activities of the Public Service Commission; and allowing the commission to
keep the funds it receives from the sale of permits for transportation upon the coal resource
transportation system"; to the Committee on the Judiciary then Finance.
By Delegates Varner, Schadler, Ross and Lawrence:
H. B. 4271 - "A Bill to amend and reenact §17C-6-7 of the Code of West Virginia, 1931,
as amended, relating to speed restrictions; prima facie evidence of speed by certain devices; changing
Department of Public Safety to State Police in this section of said code; and applying this section to
all municipalities of the state"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Fleischauer, Brown, Doyle, Guthrie, Hatfield, Hunt, Miley, Moore,
Perdue, Poore and Staggers:
H. B. 4272 - "A Bill to amend and reenact §33-16E-2 of the Code of West Virginia, 1931,
as amended, relating to expanding the applicability of Prescription Fairness Act requirements to
dependants covered by health insurance for contraceptive coverage by health insurance plans"; to
the Committee on Banking and Insurance then the Judiciary.
By Delegate Morgan:
H. B. 4273 - "A Bill to amend and reenact §33-46A-2 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §33-46A-4a, all
relating to professional employer organizations; revising definition of 'professional services',
subjecting unlicensed professional employer organizations to penalty and other provisions regulating the unauthorized transaction of insurance; and authorizing insurance fraud unit to conduct
investigations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Manypenny, Klempa, Martin, Brown, Ferro, Ross, Barker, Hartman,
Hatfield and Argento:
H. B. 4274 - "A Bill to amend and reenact §11-13Z-3 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new article, designated §11-13AA-1, §11-
13AA-2, §11-13AA-3 and §11-13AA-4, all relating to creating a tax credit for residential renewable
energy systems; defining terms; providing amount of the credit; providing limitations and requiring
the Tax Commissioner to promulgate rules for claiming and applying the tax credit; and changing
the duration of the residential solar energy tax credit"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then Finance.
By Delegate Campbell:
H. B. 4275 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as
amended, relating to authorizing excess funds in the courtesy Patrol Fund to be transferred back to
the Tourism Promotion Fund"; to the Committee on Roads and Transportation then Finance.
By Delegate Guthrie:
H. B. 4276 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-
5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA-
12, §11-13AA-13, §11-13AA-14 and §11-13AA-15, all relating to authorizing a tax credit against
business franchise tax, corporate net income tax or personal income tax for eligible expenditures
incurred in placing in service a residential or nonresidential energy efficient building"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
By Delegates Boggs, Miley, Barker and Caputo:
H. B. 4277 - "A Bill to amend and reenact §22-6-1 and §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-3 and §22-11-8 of said code, all
relating to authorizing the Secretary of the Department of Environmental Protection to issue National
Pollutant Discharge Elimination System permits; defining terms; and correcting antiquated
language"; to the Committee on the Judiciary.
By Delegate Reynolds:
H. B. 4278 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §51-1-22, relating to authorizing the Supreme Court of Appeals
to promulgate rules to establish and implement a uniform bail schedule"; to the Committee on the
Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4279 - "A Bill to amend and reenact §17-16A-3, §17-16A-5, §17-16A-6, §17-16A-10,
§17-16A-11, §17-16A-13a, §17-16A-19 and §17-16A-29 of the Code of West Virginia, 1931, as
amended, all relating to renaming the West Virginia Parkways, Economic Development and Tourism
Authority; reorganizing the membership of the authority; redefining terms; authorizing the authority
to issue revenue bonds for parkway projects; prohibiting the authority from constructing new tourism
projects or new economic development projects; clarifying certain powers of the authority relating
to parkway projects, tourism projects and economic development projects; clarifying certain powers
of the Department of Transportation with respect to parkway projects; clarifying the power of the
Authority to reimburse the Department of Transportation for costs associated with parkway projects;
clarifying certain powers of the authority with respect to real and personal property; clarifying the
powers of the authority to fix and revise tolls for transit over certain parkway projects; requiring
notice and public hearings prior to fixing initial rates or tolls on parkway projects; requiring a
discount program for purchasers of EZ Pass transponders prior to fixing initial rates or tolls on
parkway projects; deleting superannuated language; and making technical corrections throughout";
to the Committee on Finance.
By Delegate Reynolds:
H. B. 4280 - "A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended;
to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-5, §20-2-5c, §20-2-6, §20-2-
6a, §20-2-37, §20-2-42l, §20-2-42p and §20-2-46e of said code; to amend and reenact §20-7-9 and
§20-7-11 of said code; and to amend and reenact §20-15-2 of said code, all relating to the regulation
of carrying firearms; clarifying that hunting statutes generally do not prohibit the otherwise lawful
carrying of handguns for self-defense purposes; clarifying that persons who are licensed or otherwise
authorized to lawfully carry concealed weapons are not subject to limitations on how firearms may
be carried or transported in wooded areas or in or on vehicles or vessels; providing additional lawful
means for the transportation of unloaded rifles or shotguns in or on vehicles and vessels;
consolidating and clarifying certain criminal penalty provisions; defining terms relating to firearms;
and consolidating certain definitions"; to the Committee on Natural Resources then the Judiciary.
By Delegates Ellem, Miley, Wooton, Hamilton, D. Poling, C. Miller, Williams, Border,
Hunt, Ashley and Lane:
H. B. 4281 - "A Bill to repeal §9-4C-5 of the Code of West Virginia, 1931, as amended; to
repeal §27-1A-12 of said code; to repeal §27-2-1a and §27-2-1b of said code; to amend and reenact
§9-4C-1 of said code; to amend §9-5-11c of said code; to amend §9-6-1 of said code; to amend and
reenact §11-27-10 and §11-27-11 of said code; to amend and reenact §16-1-4 of said code; to amend
and reenact §16-2D-2 and §16-2D-5 of said code; to amend and reenact §16-5F-2 of said code; to
amend and reenact §16-5O-2 of said code; to amend and reenact §16-22-1 and §16-22-2 of said
code; to amend and reenact §16-29A-3 of said code; to amend and reenact §16-30-7 and §16-30-24
of said code; to amend and reenact §27-1-3, §27-1-6, §27-1-7 and §27-1-9; to amend and reenact
§27-1A-1, §27-1A-4 and §27-1A-6 of said code; to amend and reenact §27-2-1 of said code; to
amend and reenact §27-2A-1 of said code; to amend and reenact §27-4-1 of said code; to amend and
reenact §27-5-9 of said code; to amend and reenact §27-9-1 of said code; to amend and reenact
§27-12-1 of said code; to amend and reenact §29-15-1, §29-15-5 and §29-15-6 of said code; to amend and reenact §44A-1-1 and §44A-1-2 of said code; and to amend and reenact §49-4A-6 of said
code, all relating to replacing references to 'mental retardation' with 'intellectual disability';
replacing the term 'mentally retarded' with 'intellectually disabled' or 'individuals with an
intellectual disability'; renaming an intermediate care facility for the mentally retarded (ICF-MR)
to an intermediate care facility for individuals with an intellectual disability (ICF-ID); altering
definitions of terms; and deleting obsolete references"; to the Committee on the Judiciary.
By Delegates J. Miller, Blair, Cowles, Lane, Walters, McGeehan, Shott, C. Miller,
Andes, Armstead and Sobonya:
H. B. 4282 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-44-14, relating to creating the 'Health Care Choice Act'; and
enabling insurers authorized to sell insurance coverage in selected states to engage in the business
of insurance in West Virginia"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Butcher, Eldridge, Stowers and Rodighiero:
H. B. 4283 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to exempting recreational vehicles owned by a resident of this state who is seventy
years of age or older from ad valorem taxes"; to the Committee on Finance.
By Delegates Spencer, Staggers, Hunt, Longstreth, Lawrence, Morgan, Boggs, Perdue,
M. Poling, Campbell and White:
H. B. 4284 - "A Bill to amend and reenact §48-27-503 of the Code of West Virginia, 1931,
as amended, relating to prevention and treatment of domestic violence; protective orders; and
providing that an order include the requirement that a respondent wear a monitoring device"; to the
Committee on the Judiciary.
By Delegates Moore, Walters, Reynolds and Azinger:
H. B. 4285 - "A Bill to amend and reenact §31-17-4 of the Code of West Virginia, 1931, as
amended, and to amend and reenact §31-17A-3, §31-17A-4, §31-17A-6, §31-17A-12 and §31-17A-
13 of said code, all relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking; allowing the Commissioner of Banking to reduce or waive
application fees, bond amounts and net worth requirements of nonprofit business entities, including
community housing development organizations; providing that mortgage loan originators may be
employed by only one mortgage broker or lender at any time; allowing the commissioner to reduce
or waive the application fees for mortgage loan originators employed by nonprofit organizations or
other community housing development organizations; providing that a mortgage loan originator
license may not be transferred or assigned and that a mortgage loan originator changing employers
must provide thirty days prior notice to the commissioner and pay a fee of $50; increasing the
amount of prelicensing education required for loan originators from twenty to twenty-two hours;
providing a procedure for the commissioner to follow whenever taking an enforcement action under
article seventeen-a of this code; allowing any person not licensed as a mortgage lender or broker
under article seventeen of chapter thirty-one of this code or article four of chapter forty-six-a of this
code to register with the Nationwide Mortgage Licensing System and Registry and provide a surety
bond in the appropriate amount for any mortgage loan originators it employs; and allowing the
commissioner to reduce or waive the bond amounts imposed by article seventeen-a for mortgage
loan originators employed by nonprofit corporations or other nonprofit business entities, including
community housing development organizations, if the commissioner determines that such action
would not violate any applicable law"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegates Talbott and Crosier:
H. B. 4286 - "A Bill to amend and reenact §20-2-42 of the Code of West Virginia, 1931, as
amended, relating to the indexing of license and stamp fees; and extending the provision allowing
increases in the fees indexed to increases in the Consumer Price Index from January 1, 2011, to
January 1, 2021"; to the Committee on Natural Resources then Finance.
By Delegates D. Walker, Lawrence, Butcher, Armstead, Martin, Hall and Eldridge:
H. B. 4287 - "A Bill to amend and reenact §61-3C-14b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Computer Crime and Abuse Act; and providing that a
person convicted of a crime against a minor is denied Internet access as part of punishment and
penalty"; to the Committee on the Judiciary.
By Delegate Reynolds:
H. B. 4288 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931,
as amended, relating to requiring that not less than fifty percent of the moneys remaining in the
Tourism Promotion Fund be expended to West Virginia companies"; to the Committee on Natural
Resources then Finance.
By Delegate Reynolds:
H. B. 4289 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17C-10B-1, relating to the regulation and operation of low-speed
vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Paxton:
H. B. 4290 - "A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §18A-2-9a, all
relating to setting standards for assignment of high school athletic directors"; to the Committee on
Education.
By Delegates Moore, Walters, Reynolds and Azinger:
H. B. 4291 - "A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931,
as amended, relating to the requirement of criminal background investigations including fingerprint
checks through both the West Virginia State Police and the Federal Bureau of Investigation for every
applicant seeking approval to charter and/or control a state bank, state credit union, or a foreign bank
state agency or representative office, every applicant seeking a license to engage in the business of
money transmission, currency exchange, or other activity regulated under article two, chapter thirty-
two-a, every applicant subject to the commissioner's supervision seeking a license to engage in the
business of regulated consumer lending, mortgage lending or brokering, and every Division of Banking financial institutions regulatory employee applicant"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegates Morgan, Stephens, Staggers, Craig, Manchin and Miley:
H. B. 4292 - "A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as
amended, relating to requirements to serve as a magistrate; requiring an associate degree or four
years of experience to serve as a magistrate; authorizing the Supreme Court Administrator to dismiss
magistrates from annual training; and deleting antiquated provisions"; to the Committee on the
Judiciary.
By Delegates Talbott and Crosier:
H. B. 4293 - "A Bill to amend and reenact §20-2-21 of the Code of West Virginia, 1931, as
amended, relating to reporting beaver trapping and reporting"; to the Committee on Natural
Resources then the Judiciary.
By Delegates Moore, Walters, Reynolds and Azinger:
H. B. 4294 - "A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as
amended, relating to the need for a county depository to execute a bond only for public funds
deposited in amounts exceeding the amount that is insured by an agency of the federal government";
to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, Walters, Reynolds and Azinger:
H. B. 4295 - "A Bill to amend and reenact §38-1-8a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §44-13-4a of said code, all relating to the gathering and
reporting of residential mortgage foreclosure data and statistics; providing for the electronic
reporting of such information directly to the Division of Banking by trustees; and providing that the
county clerks shall submit a list of the reports of such foreclosures filed by trustees"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegates Lane, Walters and Armstead:
H. B. 4296 - "A to amend Bill and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue special
registration plates bearing the inscription 'Support Coal Miners'"; to the Committee on Roads and
Transportation then Finance.
By Delegates Moore, Walters, Reynolds and Azinger:
H. B. 4297 - "A Bill to amend and reenact §46A-4-102 of the Code of West Virginia, 1931,
as amended, relating to providing that mortgage loan originators employed by regulated consumer
lenders must be licensed or registered with the Nationwide Mortgage Licensing System and Registry
and requiring regulated consumer lenders provide notice of change of ownership and/or control of
such institutions to the West Virginia Division of Banking"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegates White, Campbell, Michael and Ross:
H. B. 4298 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as
amended, relating to exempting certain employers and employees from the requirements of the
insurance provisions of chapter thirty-three of this code"; to the Committee on Banking and
Insurance then Finance.
By Delegates White, Campbell, Michael and Ross:
H. B. 4299 - "A Bill to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia Public Employees Insurance Agency; and providing that
nonstate retired employees who have worked for their last nonstate employer for less than five years
are responsible for their entire premium cost for coverage"; to the Committee on Banking and
Insurance then Finance.
By Delegates White, Campbell, Michael and Ross:
H. B. 4300 - "A Bill to amend and reenact §5-16-17 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia Public Employees Insurance Act; and when employees may
enroll without limitations of preexisting conditions"; to the Committee on Banking and Insurance
then Finance.
By Delegates White, Campbell, Michael and Ross:
H. B. 4301 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as
amended, relating to clarifying that surviving spouses and dependents of deceased public employees
may only participate in major medical group plans"; to the Committee on Banking and Insurance
then Finance.
By Delegates Hatfield, Brown, Guthrie, Marshall, Martin, Paxton, Rodighiero and
Wells:
H. B. 4302 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to ensuring patient
safety; defining terms; creating an 'acuity-based patient classification system'; directing hospitals
to establish an acuity standard; establishing minimum direct-care registered nurse to patient ratios;
providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to
perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing
for quality assurance; requiring appropriate orientation and competence in clinical area of assignment
with documentation thereof to be maintained in personnel files; and exempting critical access
hospitals"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates White, Campbell, Michael and Ross:
H. B. 4303 - "A Bill to amend and reenact §5-16D-1 of the Code of West Virginia, 1931,
as amended, relating to clarifying that the Public Employees Insurance Agency Finance Board may
offset annual retiree premium increases with amounts held in the trust"; to the Committee on
Finance.
By Delegates Miley, Wooton, Barker, Moore, Shook, Ferro, Ellem, Schoen and
Sobonya:
H. B. 4304 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §17C-5A-3a of said code, all relating to requiring persons
convicted of driving under the influence of alcohol and who are on probation, paroled or on other conditional release for that offense to participate in the Motor Vehicle Test and Lock Program;
establishing conditions for participation in the program; and providing a sentencing court with the
authority to set eligibility requirements for participation in the program"; to the Committee on the
Judiciary then Finance.
By Delegate Reynolds:
H. B. 4305 - "A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to
amend and reenact §7-1-3 of said code; to amend and reenact §8-12-5 of said code; to amend and
reenact §61-7-1, §61-7-2, §61-7-6, §61-7-9, §61-7-11a and §61-7-14 of said code; to amend said
code by adding thereto six new sections, designated §61-7-11b, §61-7-16, §61-7-17, §61-7-18, §61-
7-19 and §61-7-20; to amend said code by adding thereto two new sections, designated §64-5-1a and
§64-5-1b; to amend said code by adding thereto a new section, designated §64-7-3a; to amend said
code by adding thereto two new sections, designated §64-10-3a and §64-10-3b; and to amend said
code by adding thereto a new article, designated §64-12-1 and §64-12-2, all relating to limitations
upon the keeping and bearing of arms; defining terms; repealing language concerning county and
municipal ordinances restricting firearms or ammunition; creating additional exceptions to certain
restrictions on where deadly weapons may be possessed; declaring the provisions of the code to be
the sole means by which the keeping and bearing of arms may be regulated; preempting any
ordinance, rule, policy or administrative action inconsistent therewith; exceptions; exempting certain
officers, employees and agents of the United States, this state or a political subdivision of this state
from restrictions or prohibitions on possessing weapons imposed by private property owners;
requiring all property owners that have legally restricted or prohibited the possession or carrying of
weapons on their premises to give notice of such prohibitions or restrictions by posting specified
signs; format of signs; effect of failure to properly post signs indicating such prohibition or
restriction; prohibiting the registration of firearms or firearm owners; exceptions; penalty for
unlawfully registering firearms or firearm owners; compliance period for purging prohibited
registries; limiting seizures of concealable weapons; providing remedies for unlawful seizure of concealable weapon; establishing regulations for gun buy-back programs to protect interests of
owners of stolen firearms and evidence of certain crimes; and repealing certain provisions of the
Code of State Rules restricting the possession or carrying of firearms"; to the Committee on the
Judiciary.
House Calendar
third reading
H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal; 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. 17),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Cann, Carmichael, Lawrence, Schoen and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2561) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2612, Increasing penalties for failing to report child abuse; 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. 18),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Cann, Carmichael, Lawrence, Schoen and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2612) 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 H. B. 4133, Clarifying the requirements to practice marriage and family
therapy; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 4142, Relating to the board of sanitarian; on second reading, coming up in regular
order, was read a second time.
On motion of Delegate Miley, the enacting section was amended to read as follows:
"That §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8,
§30-17-9, §30-17-10, 30-17-11, §30-17-12, §30-17-13, §30-17-14 and §30-17-15, of the Code of
West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by
adding thereto five new sections, designated §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-
17-20, all to read as follows" followed by a colon.
The bill was then ordered to engrossment and third reading.
H. B. 4171, Relating to criminogenic risk and needs assessments; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2503, Requiring licensed a tattoo artist to inform patrons, prior to
performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the
reading of magnetic resonance imaging,
And,
Com. Sub. for H. B. 2663, Expanding the power of municipal parking authority officers.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Cann, Carmichael, Lawrence, Schoen and Wooton.
Miscellaneous Business
Delegate Border announced that he was absent on yesterday when the votes were taken on
Roll Nos. 14, 15 and 16, and that had he been present, he would have voted "Yea" thereon.
At 11:26 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 3,
2010.