hdj2011-01-28-17
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Friday, January 28, 2011
SEVENTEENTH 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 27, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following
report, which was received:
Your Committee on Senior Citizen Issues has had under consideration:
H. B. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will
cost $25,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2845) to the Committee on Finance
was abrogated.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2697, Updating the recordkeeping requirements of municipalities,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (H. B. 2697) to the Committee on the
Judiciary was abrogated.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2557, Extending the time for the Board of Education of Upshur County to meet as a
levying body,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (H. B. 2557) to the Committee on the Judiciary was abrogated.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2647, Motor Vehicles, inspection manual,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2647) was referred to
the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2586, Highways, use of state road rights of way,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2586) was referred to
the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2587, Highways, transportation of hazardous waste,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2587) was referred to
the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2619, Highways, community empowerment transportation act program,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2619) was 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:
H. B. 2400, Relating to granting licensed real estate appraisers access to commercial or
residential review documents,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2400 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-2-12, relating to granting licensed real estate
appraisers access to commercial or residential review documents,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2742, Revoking certain death benefits by divorce,
And reports the same back with the recommendation that it do pass.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2555, Establishing the misdemeanor offense of operating a motor vehicle while
sending, reading or receiving a text message.
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2555) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2696, Authorizing the county commission of Boone County to transfer its title and
interests in the Boone Memorial Hospital,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2696 - "A Bill authorizing the county comission of Boone County to
transfer its title and interests in the Boone Memorial Hospital, also known as the Boone County
Memorial Hospital, Incorporated, a West Virginia private, nonprofit corporation for the continued public use of providing needed health care in a cost-effective manner,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2696) to the Committee
on the Judiciary was abrogated.
Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 2534, Establishing a program to promote veteran friendly communities,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that reference of the bill to the Committee on the Judiciary be abrogated and with the
recommendation that the bill be referred to the Committee on Finance.
In the absence of objection, reference of the bill (H. B. 2534) to the Committee on the
Judiciary was abrogated and it was referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2505, Adding synthetic cannabinoids and hallucinogens and stimulants to the Schedule
I list of controlled substances (K2),
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2505 - "A Bill to amend and reenact §60A-1-101 the Code of West Virginia, 1931, as amended, and to amend and reenact §60A-2-204 of said code, all relating to
adding certain cannabinoids, hallucinogens and stimulants to the Schedule I list of controlled
substances; and clarifying references to definitions,"
H. B. 2522, Relating to nursing home administrative appeals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2522 - "A Bill to amend and reenact §16-5C-8, §16-5C-10 and §16-5C-
12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding a new
section, designated §16-5C-12a, all relating to nursing home administrative appeals; complaint
hearing procedures; establishing an independent disputes resolution process for nursing homes;
clarifying the informal and formal review process; and clarifying the judicial review process,"
And,
H. B. 2818, Increasing the allowable expense that may be paid for the clean-up of real
property damage by a meth lab,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2818 - "A Bill to amend and reenact §14-2A-3 of the Code of West
Virginia, 1931, as amended, relating to increasing the allowable expense under the Crime Victims
Award Program; increasing the amount that may be paid for the clean-up of real property damage
by a methamphetamine laboratory; and making technical revisions,"
With the recommendation that the committee substitutes each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2550, Interstate Compact on Educational Opportunity for Military Children,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2550 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18-10F-1 and §18-10F-2, all relating to the enactment
of the Interstate Compact on Educational Opportunity for Military Children; establishing the West
Virginia Council for Educational Opportunity for Military Children; designating membership; and
establishing powers and duties,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2550) to the Committee
on Finance was abrogated.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2511, Permitting a county board of education to include in any revenue bond for
construction projects the cost of demolition of buildings,
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. 2511) 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. 2599, Physical Therapy, fees,
H. B. 2625, Labor, elevator safety act,
H. B. 2626, Labor, supervision of elevator mechanics and apprentices,
H. B. 2639, Physical Therapy, general provisions for athletic trainers,
And,
H. B. 2640, Physical Therapy, fees for athletic trainers,
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 (H. B. 2599, H. B. 2625, H.
B. 2626, H. B. 2639 and H. B. 2640) were each referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 2 - "Requesting the Division of Highways name County Routes 1 and 3, excluding
that section of County Route 1 between mileposts 4.62 and 4.84, between Jesse and Glen Rogers in
Wyoming County the 'Glen Rogers Coal Miner Memorial Highway'."
Whereas, The community of Glen Rogers was the site of the first major coal mine in
Wyoming County, having opened in 1921 and reaching highs of employment of nearly 1,000 men
and annual production of nearly one million tons of coal annually during the 1930's and 1940's before it was closed in 1960; and
Whereas, Glen Rogers was home to several prominent individuals, including William C.
Marland, Governor of West Virginia from 1953 to 1957; and
Whereas, Sadly, coal production at Glen Rogers came at the cost of 160 working fatalities,
including four disasters; and
Whereas, A methane gas explosion November 6, 1923, killed 27 men, the worst accident
of any kind in Wyoming County history; and
Whereas, Five workers died September 23, 1922, when equipment fell on them during
construction of the mine's 720-foot deep shaft; eight lives were lost in an underground explosion
January 6, 1931; and a roof fall claimed the lives of five miners on December 9, 1957; and
Whereas, It is fitting that tribute be paid to both the sacrifices and contributions of the coal
miners and residents of this area of Wyoming County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name County Routes 1 and
3, excluding that section of County Route 1 between mileposts 4.62 and 4.84, between Jesse and
Glen Rogers in Wyoming County the "Glen Rogers Coal Miner Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Glen Rogers Coal Miner Memorial Highway"; and, be
it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to the Wyoming County
Historical Museum in Oceana.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 3 - "Requesting the Division of Highways name bridge number 36-3-3.4 on Route
3 at mile marker 3.4 in the area of Fort Seybert, Pendleton County, West Virginia, the 'Korean War
Veterans Bridge'."
Whereas, The Korean War began on June 25, 1950 and ended on January 31, 1955; and
Whereas, Over 112,000 West Virginians served with the United States Armed Forces in
Korea during the Korean War; and
Whereas, West Virginia had the nation's highest service rate during the Korean War with
over sixteen percent of its male population serving in that war; and
Whereas, West Virginia also had the highest death rate of all the states in the nation in the
Korean War and over eight hundred of its citizens perished during that war; and
Whereas, Those one hundred and twelve thousand West Virginians served their country
with honor and distinction during the Korean War with over eight hundred of its citizens having
given the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 36-3-3.4 on Route
3 at mile marker 3.4 in the area of Fort Seybert, Pendleton County, West Virginia, the "Korean War
Veterans 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 "Korean War Veterans Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Commissioner of the Division of Highways and the Pendleton County Commission.
Resolutions Introduced
Delegate Barker offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 28 - "Requesting the Division of Highways to name a segment of US Route 26 in
Boone County from Van, West Virginia, to Twilight, West Virginia, as the 'William Chapman
"Chap" Cook and Civil War Veterans Memorial Highway'."
Whereas, William Chapman "Chap" Cook was born on December 14, 1840, in Boone
County, Virginia, now, West Virginia, and returned to be buried on Cook Mountain in Boone County
following his death on July 14, 1914, in Bald Knob, West Virginia; and
Whereas, William Chapman "Chap" Cook enlisted as a Union soldier on December 19,
1861, becoming a member, initially, of the Eighth West Virginia Mounted Infantry that, on January
26, 1864, became the Seventh West Virginia Volunteer Cavalry in which William Chapman "Chap"
Cook served in Company C; and
Whereas, William Chapman "Chap" Cook, along with 1200 other brave, West Virginians,
served the Union as the Seventh West Virginia Volunteer Cavalry for four years of duty, during
which time, four hundred seventy-four men died in battle, from mortal wounds or disease; and
Whereas, It is fitting to honor William Chapman "Chap" Cook, along with all other Union
soldiers, who so freely and voluntarily risked and lost their lives in service of the State and the Union; and
Whereas, The community of Boone County, West Virginia, has voiced its heartfelt desire
to commemorate William Chapman "Chap" Cook and all other Union soldiers from Boone County
and the State of West Virginia, by the presentation of a multiple page Petition to one of its
representatives; and
Whereas, The naming of a small segment of road in honor of William Chapman "Chap"
Cook and all other West Virginian Union soldiers, is but a small gesture of gratitude for the
sacrifices made by these men and suffered by their families in order to build a greater State and
Nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the segment of road
on US 26 between Van, West Virginia, and Twilight, West Virginia, as the "William Chapman
'Chap' Cook and Civil War Veterans Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the segment of road, on both ends, as the "William Chapman 'Chap' Cook
and Civil War Veterans 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 to descendent's of William
Chapman "Chap" Cook who include seventh generation granddaughter, Mae Stringer; seventh
generation grandsons, Leo Cook and Denver Cook; eighth generation granddaughters, Nada White,
Deloris Gibson, Hazel Asbury, Vickie Stewart, Patricia Cook and Amanda Collins; and eighth
generation grandsons, Danny Ray Cook, Steven Cook and Chester Cook.
On motions for leave, Joint Resolution were introduced, read by their titles and severally
referred as follows:
By Delegates Lane and Walters:
H. J. R. 31 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article ten thereof, relating to homestead exemption increase; numbering
and designating such proposed amendment; and providing a summarized statement of the purpose
of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
By Delegates Doyle, T. Campbell, Michael, White, Manchin, Williams, Poore, Perry,
Stowers, Marshall and Lawrence:
H. J. R. 32 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending sections one, two, eight, sixteen and seventeen, article VII thereof, relating to the
executive department and creating the office of Lieutenant Governor; vacancy in governorship and
other executive departments; nomination by Governor of certain officers; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
And,
By Delegates Overington, Duke, Cowles, Householder, J. Miller, Kump, Rowan and
Howell:
H. J. R. 33 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to homestead exemption increase; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates White, Hartman, Kominar, Moore, R. Phillips, Miley, Butcher, Stowers,
Hall, Skaff and L. Phillips:
H. B. 2912 - "A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931,
as amended, relating to dedicating five percent of coal severance tax to the county of origin as phased
in over a five-year period and providing permissible uses for the moneys"; to the Committee on
Finance.
By Delegates White and T. Campbell
[By Request of the Tax and Revenue Department]:
H. B. 2913 - "A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931,
as amended, relating to corporation net income tax; and making a technical correction in the
definition of 'eligible taxpayer'"; to the Committee on Finance.
By Delegates Fragale, Boggs and Iaquinta:
H. B. 2914 - "A Bill to amend and reenact §10-1-2 of the Code of West Virginia, 1931, as
amended, relating to the funding of public libraries; permitting levies on property; permitting
libraries to seek funding from municipal and county authorities; and stating legislative intent"; to the
Committee on Political Subdivisions then Finance.
By Delegates Andes, Ashley, Armstead, Gearheart, J. Miller, Savilla, Snuffer, Walters,
Sigler, Canterbury and Azinger:
H. B. 2915 - "A Bill to repeal §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12 of the Code of West Virginia, 1931, as amended,
all relating to the Alternative and Renewable Energy Portfolio Act"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Ellem, Hamilton, Sumner, Rowan, Howell, Kump, Snuffer, Walters,
Evans, Romine and Ellington:
H. B. 2916 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting social security benefits from West Virginia personal income"; to
the Committee on Senior Citizen Issues then Finance.
By Delegate Azinger:
H. B. 2917 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-20-26, relating to prohibiting the buying, selling or in any
other fashion taking of dogs from the care of their mother until they reach eight weeks of age"; to
the Committee on Agriculture then the Judiciary.
By Delegates White and T. Campbell
[By Request of the Tax and Revenue Department]:
H. B. 2918 - "A Bill to amend and reenact §11-12-3, §11-12-5 and §11-12-86 of the Code
of West Virginia, 1931, as amended, all relating to permanent business registrations; changing the
procedure for suspending, revoking or canceling a business registration certificate; permitting a
registrant to appeal an order to suspend, revoke or cancel a business registration certificate;
permitting a business registration certificate to be revoked, canceled or suspended for nonpayment
of property taxes; changing the sparkler and novelty registration fee from annual one to an initial
one; and updating permanent registration language"; to the Committee on the Judiciary then Finance.
By Delegates Ennis, Givens, Ferro, Ferns, Swartzmiller, Storch, Varner, Jones and
Pethtel:
H. B. 2919 - "A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931,
as amended, relating to correcting the name of West Liberty University"; to the Committee on
Education.
By Delegates Skaff, D. Campbell, Miley, Caputo, R. Phillips, Lawrence, Pasdon,
Nelson, Stowers, Hall and Ferns:
H. B. 2920 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4 and §11-
13BB-5; and to amend and reenact §11-21-12 of said code, all relating to establishing a tax credit
for graduates of a higher education institution for a portion of the interest paid on student loans;
requiring the Joint Committee of Government and Finance to review the effectiveness of the tax
credit; establishing a modification reducing federal adjusted gross income for recent graduates of
higher education institutions; and providing for the promulgation of rules by the Tax
Commissioner"; to the Committee on Education then Finance.
By Delegates Swartzmiller, Pethtel, Boggs, Ennis and Perry:
H. B. 2921 - "A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as
amended, relating to redefining final average salary"; to the Committee on Pensions and Retirement
then Finance.
By Delegates White, Miley, Kominar, Boggs and Perdue:
H. B. 2922 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating to establishing the felony offense of causing serious bodily injury to another person by a person who is driving under the influence of alcohol, controlled substances or other
drugs, or any combination thereof, or driving while having an alcoholic concentration in his or her
blood of two hundredths of one percent or more, by weight, at a time when his or her privilege to
drive has been lawfully suspended or revoked for driving under the influence of alcohol, controlled
substances or other drugs, or any combination thereof, or for driving while having an alcoholic
concentration in his or her blood of two hundredths of one percent or more, by weight, or for
refusing to take a secondary chemical test of blood alcohol content, or at a time when he or she is
participating in the Motor Vehicle Alcohol Test And Lock Program; and providing criminal
penalties"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Longstreth, Caputo, Marshall, Varner, Iaquinta, Stowers, L.
Phillips, Evans and Reynolds:
H. B. 2923 - "A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931,
as amended, relating to general provisions concerning crimes; expungement of certain criminal
convictions of persons who were between the ages of eighteen and twenty-six years of age when the
offense was committed; and reducing the time in which to petition for expungement for certain
offenses committed between the ages of eighteen and twenty-two years of age involving purchase,
possession or consumption of alcoholic liquors, wine or beer"; to the Committee on the Judiciary.
By Delegates Ellem, T. Campbell, Perdue, Hunt, D. Poling, Snuffer, Anderson, Border,
Lawrence, Marshall and Azinger:
H. B. 2924 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-20-26, relating to creating 'Dutch's Law' to honor fallen law
enforcement canines and their law enforcement handlers"; to the Committee on Agriculture then the Judiciary.
By Delegates Manchin, Longstreth and Caputo:
H. B. 2925 - "A Bill to amend and reenact §50-1-8 of the Code of West Virginia, 1931, as
amended, relating to increasing the number of magistrate court clerks in Marion County by one"; to
the Committee on the Judiciary then Finance.
By Delegates Martin and Staggers
[By Request of the Division of Motor Vehicles]:
H. B. 2926 - "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"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Manchin, Lawrence and Morgan:
H. B. 2927 - "A Bill to repeal §7-7-4a, §7-7-19 and §7-7-21 of the Code of West Virginia
1931, as amended; and to amend and reenact §7-7-2, §7-7-3, §7-7-4, §7-7-6a, §7-7-6b, §7-7-6c,
§7-7-6d, §7-7-7, §7-7-7a, §7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-16a
and §7-7-20 of said code, all relating to elected county officials; removing outdated language and
requiring prosecuting attorneys to be full time; providing exceptions to the full time requirement";
to the Committee on Political Subdivisions then the Judiciary.
By Delegates White and T. Campbell
[By Request of the Tax and Revenue Department]:
H. B. 2928 - "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-24 and §11-
15B-32 of the Code of West Virginia, 1931, as amended, all relating to the administration of sales
and use tax generally; adding new definitions; clarifying present definitions; incorporating changes
to the Streamlined Sales and Use Tax Agreement; adding a computer software maintenance contract
as a Streamlined Sales and Use Tax Agreement; relieving seller of tax liability in certain instances;
and providing new effective dates"; to the Committee on Finance.
By Delegates Marshall, Fleischauer, Hatfield, Barill and Hunt:
H. B. 2929 - "A Bill to repeal §30-23-1 of the Code of West Virginia, 1931, as amended;
and amend and reenact §30-23-2, §30-23-3, §30-23-4, §30-23-5, §30-23-6, §30-23-7, §30-23-8, §30-
23-9, §30-23-10, §30-23-11, §30-23-12, §30-23-13, §30-23-14, §30-23-15, §30-23-16, §30-23-17,
§30-23-18, §30-23-19, §30-23-20, §30-23-21, §30-23-22, §30-23-23, §30-23-24, §30-23-25, §30-23-
26, §30-23-27, §30-23-28 and §30-23-29, all relating to radiologic technologists; the practice of medical imaging and radiation therapy; unlawful acts; applicable law; definitions; renaming the
Medical Imaging and Radiation Therapy Technology Board of Examiners the West Virginia Medical
Imaging and Radiation Therapy Technology Board; powers and duties of the board; rule making;
fees, special revenue account and administrative fines; requirements for radiologic technology
license and exemptions; scope of practice for a radiologic technologist; scope of practice for a
radiation therapist; requirements for temporary medical imaging and radiation therapy technology
license; license from another state and license to practice in this state; requirements for nuclear
medicine technologist license and scope of practice; requirements for magnetic resonance imaging
technologist license and scope of practice; requirements for sonographer license and scope of
practice; requirements for an apprentice license for nuclear medicine technologists, magnetic
resonance imaging technologists and diagnostic medical sonographer; requirements for podiatric
medical assistant permit and scope of practice; license and permit renewal requirements; display of
license; complaints, investigations, due process procedure, grounds for disciplinary; procedures for
hearing, right of appeal and judicial review; injunctions; and criminal proceedings and misdemeanor
penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Martin, Wells, Ashley and Hall
[By Request of the Transportation Department - Division of Highways]:
H. B. 2930 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5,
§17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to DOT-Parkways Authority
Collection Enforcement; entitled the 'Safe and Efficient Parkways Act (SEPA);' authorizing the
electronic enforcement of collection of tolls; establishing penalties for nonpayment and damage to facilities; keeping certain information collected confidential and not subject to the Freedom of
Information Act; allowing limited restricted and confidential access to certain information pursuant
to subpoenas and court orders on a strictly confidential basis; granting rule-making authority; and
defining terms"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Hatfield, Mahan and Marshall:
H. B. 2931 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-18, relating to the designation of hospitals as primary
stroke centers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates White, Kominar and Miley
[By Request of the Department of Commerce]:
H. B. 2932 - "A Bill to amend and reenact §5B-1-1a of the Code of West Virginia, 1931, as
amended, relating to authorizing the Marketing and Communications office of the Department of
Commerce to promote and sell West Virginia related items, as well as sell advertising in its
publications, events or promotions"; to the Committee on Government Organization then Finance.
By Delegate Morgan:
H. B. 2933 - "A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article, designated §5B-2H-1, §5B-2H-2
and §5B-2H-3, all relating to the Office of Economic Opportunity; transferring that office to the
Department of Commerce; establishing qualification for a director; setting forth the office's powers
and duties; and granting the office authority over the weatherization assistance program"; to the
Committee on Government Organization then Finance.
By Delegate Rodighiero:
H. B. 2934 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-2a; to amend said code by adding thereto a new section,
designated §5-10-22k; to amend said code by adding thereto a new section, designated §18-7A-26v;
and to amend said code by adding thereto two new sections, designated §18A-4-2c and §18A-4-8j,
all relating to granting all public employees, all teachers, all service employees, all public employee
retirees, all teacher retirees and all service employee retirees a $1,000 per year permanent pay
increase"; to the Committee on Finance.
By Delegates Miley, Ferro and Frazier
[By Request of the Secretary of State's Office]:
H. B. 2935 - "A Bill to repeal §3-4-1, §3-4-2, §3-4-3, §3-4-4, §3-4-5, §3-4-6, §3-4-7. §3-4-8,
§3-4-9, §3-4-10, §3-4-11, §3-4-12, §3-4-12a, §3-4-13, §3-4-14, §3-4-15, §3-4-16, §3-4-17, §3-4-18,
§3-4-19, §3-4-20, §3-4-21, §3-4-22, §3-4-23, §3-4-24, §3-4-25, §3-4-26, §3-4-27, §3-4-28, §3-4-29,
§3-4-30, §3-4-31 and §3-4-32 of the Code of West Virginia, 1931, as amended, all relating to
outdated and obsolete sections concerning voting machines in general no longer approved for use
in elections"; to the Committee on the Judiciary.
By Delegates Lawrence, Varner, Armstead, Caputo, Carmichael and Kominar:
H. B. 2936 - "A Bill to amend and reenact §3-5-17 of the Code of West Virginia, 1931, as
amended, relating to changing the date of the canvassing of votes in a primary election from the
Friday following a primary election to the Monday following a primary election"; to the Committee
on the Judiciary.
By Delegates Cowles, Hamilton, Andes, Howell, Pasdon, Ellington, Azinger, O'Neal,
Storch and Ireland:
H. B. 2937 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as
amended, relating to corporation net income tax; and reducing the tax rate to five and nine-tenths
percent effective January 1, 2012"; to the Committee on Finance.
By Delegates Manypenny, Shaver, Staggers, Martin, D. Poling, Wells and White:
H. B. 2938 - "A Bill to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-
6D-5, §11-6D-6 and §11-6D-7 of the Code of West Virginia, 1931, as amended, all relating to
establishing a tax credit for plug-in electric drive motor vehicles and vehicles using compressed
natural gas as an engine motor fuel; defining terms; specifying initial availability of the credit and
duration of the credit; providing eligibility for the credit; calculating the amount of the credit;
providing a maximum credit of $2,500 per vehicle; and updating language that applies only to plug-
in electric drive and compressed natural gas motor vehicles"; to the Committee on Roads and
Transportation then Finance.
By Delegates Pethtel, Givens, Ennis, Guthrie, D. Poling, Duke and Canterbury
[By Request of the Consolidated Public Retirement Board]:
H. B. 2939 - "A Bill to amend and reenact §5-10-2, §5-10-18, §5-10-21, §5-10-24, §5-10-25,
§5-10-44 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public
Employees Retirement System and clarifying the definition of compensation for purposes of
calculating required contributions to the system; clarifying when membership in the system
terminates and how membership may be reinstated; providing that individuals first hired after July
1, 2011 must have at least five years of contributory service to retire under the 'rule of eighty';
making technical corrections to the provision governing annuity options; requiring retirants changing
annuity options to certify that no final divorce decree or other court order prohibits the same; making technical corrections to the provision governing disability retirement; clarifying that correction of
errors provision applies to both employer errors and errors of the system's administrative body;
providing that the correction of an error with respect to a retirant may be prospective only; providing
for system of reimbursement of mistaken contributions that ensures the plan's continued qualified
status; and making technical correction to the definition of regular full-time employment in provision
governing reemployment of retirees"; to the Committee on Pensions and Retirement then Finance.
By Delegates Manypenny, Staggers, Fleischauer, Brown, Barill and Perdue:
H. B. 2940 - "A Bill to amend and reenact §22-3-9 and §22-3-13 of the Code of West
Virginia, 1931, as amended, all relating to liner requirements in new coal-waste impoundments, new
coal-waste impoundments at existing facilities, replacement coal-waste impoundments at existing
facilities and lateral coal-waste expansions of existing impoundments; requiring the Director of the
West Virginia Department of Environmental Protection to promulgate rules for liners in these
surface, coal-waste impoundments; and providing abatement procedures"; to the Committee on
Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Smith, Rowan, Frazier, Lawrence, Evans, Hall, Barker, Butcher,
Stephens, Skaff and Stowers:
H. B. 2941 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to issue a special license plate
for applicants who are hearing impaired and establishing requirements for eligibility; and fees"; to
the Committee on Roads and Transportation then Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 2517, Allowing Correctional Industries to directly purchase workers'
compensation coverage for inmates; 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. 19),
and there were--yeas 87, nays 3, absent and not voting 10, with the nays and absent and not voting
being as follows:
Nays: Ellington, Gearheart and Sigler.
Absent and Not Voting: Anderson, Cann, Crosier, Ennis, Longstreth, Mahan, Manchin,
Michael, Snuffer and Staggers.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2517) 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. 2520, Relating to centers for housing young adult offenders; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 20),
and there were--yeas 88, nays 2, absent and not voting 10, with the nays and absent and not voting
being as follows:
Nays: Gearheart and Sigler.
Absent and Not Voting: Anderson, Cann, Crosier, Ennis, Longstreth, Mahan, Manchin,
Michael, Snuffer and Staggers.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2520) 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. 2648, Increasing the faculty senate allotment for classroom teachers and librarians; 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. 21),
and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being
as follows:
Absent and Not Voting: Anderson, Cann, Crosier, Ennis, Longstreth, Mahan, Manchin,
Michael, Snuffer and Staggers.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2648) passed.
Delegate Boggs moved that the bill take effect from July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 22), and there were--yeas 90, nays
none, absent and not voting 10, with the absent and not voting being as follows:
Absent and Not Voting: Anderson, Cann, Crosier, Ennis, Longstreth, Mahan, Manchin,
Michael, Snuffer and Staggers.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2648) 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.
Second Reading
H. B. 2551, Relating generally to estates and trusts and their administration; 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. 2451, Relating to victim impact statements,
And,
Com. Sub. for H. B. 2539, Authorizing the West Virginia State Police to only use the
services of the state designated laboratory at the Marshall University Forensic Science Center for
certain testing and research.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Anderson, Cann, Crosier, Ennis, Longstreth, Mahan, Manchin, Michael,
Snuffer and Staggers.
At 11:17 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 31,
2011.
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