hdj2011-01-18 -07
__________*__________
Tuesday, January 18, 2011
SEVENTH 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, January 17, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2161, Creating the Herbert Henderson Office of Minority Affairs,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2161) was referred to
the Committee on Finance.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegate Hamilton offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 9 - "Requesting that bridge number 49-16-9.04 on County Route 16 at mile marker
9.04 in South Buckhannon, Upshur County, West Virginia be named the 'Ronald Lee Fenstermacher
Memorial Bridge'."
Whereas, Ronald Lee Fenstermacher was born on March 31, 1946 in Upshur County to Mr.
and Mrs. Richard Fenstermacher; and
Whereas, Ronald Lee Fenstermacher graduated from Buckhannon-Upshur High School in
1965 and enlisted in the United States Marine Corps during his senior year under the 120 Day Plan;
and
Whereas, Ronald Lee Fenstermacher entered the service on August 10, 1965 and received
basic training at Parris Island, South Carolina and was stationed at Fort Geiger, North Carolina,
Camp Pendleton, California, Okinawa, Japan and the Philippines before beginning his tour in
Vietnam on July 15, 1966; and
Whereas, Ronald Lee Fenstermacher attained the rank of Private First Class and died in
combat on July 24, 1966, while serving with the 2
nd Platoon, Battalion 35, 5
th Marine Division in Quang Tri Province, Vietnam; and
Whereas, Ronald Lee Fenstermacher was awarded the Purple Heart, the National Defense
Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; and
Whereas, Ronald Lee Fenstermacher served his country with honor and distinction;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 49-16-9.04 on
County Route 16 at mile marker 9.04 in South Buckhannon, Upshur County, West Virginia the
"Ronald Lee Fenstermacher Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Ronald Lee Fenstermacher Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the family of Ronald Lee
Fenstermacher.
Delegates Hamilton and Smith offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 10 - "Requesting that bridge number 49-20-8.33 on County Route 20 at mile marker
8.33 in the community of Arlington, Upshur County, West Virginia be named the Everett 'Bud'
Currence Memorial Bridge."
Whereas, Everett "Bud" Currence was born on October 21, 1947 in Morgantown, West
Virginia to Howard William and Wilhelmina Hill Currence; and
Whereas, Everett "Bud" Currence graduated from Buckhannon-Upshur High School in 1965
and enlisted in the United States Marine Corps during his senior year under the 120 Day Plan; and
Whereas, Everett "Bud" Currence entered the service on August 10, 1965 and received basic
training at Parris Island, South Carolina; and
Whereas, Everett "Bud" Currence attained the rank of Private First Class and died of a high
fever aboard the U.S.S. Princeton awaiting orders to go ashore to Vietnam while serving with
Company M, Platoon 3-5, 1st Marine Division; and
Whereas, Everett "Bud" Currence was awarded the National Defense Service Medal, the
Vietnam Service Medal and the Republic of Vietnam Campaign Medal; and
Whereas, Everett "Bud" Currence served his country with honor and distinction; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 49-20-8.33 on
County Route 20 at mile marker 8.33 in the community of Arlington, Upshur County, West Virginia
the "Everett "Bud" Currence Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Everett 'Bud' Currence Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the family of Everett "Bud"
Currency.
Delegates Hamilton and M. Poling offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting that bridge number 49-3-2.46 on County Route 3 at mile marker
2.46 in the Kesling Mill Community, Upshur County, West Virginia be named the 'Raymon Dale
Kesling Memorial Bridge'."
Whereas, Raymon Dale Kesling was born on October 4, 1939, in Buckhannon, West
Virginia to Mr. And Mrs. Ancil Kesling; and
Whereas, Raymon Dale Kesling attended Buckhannon-Upshur High School and entered the
United States Army in February 1962, being promoted to Staff Sergeant; and
Whereas, Raymon Dale Kesling served for three years in Germany and was stationed at Ft.
Benning, Georgia before beginning his tour in Vietnam on December 10, 1966; and
Whereas, Raymon Dale Kesling was assigned to Company A, 4
th Battalion, 12
th Infantry,
199
th Infantry Brigade and died on February 24, 1967, during a secret sneak attack in the Kien Tuong
Province, Vietnam; and
Whereas, Raymon Dale Kesling was awarded the Purple Heart, the National Defense Service
Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; and
Whereas, Raymon Dale Kesling served his country with honor and distinction; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 49-3-2.46 on
County Route 3 at mile marker 2.46 in the Kesling Mill Community, Upshur County, West Virginia
the "Raymon Dale Kesling Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "Raymon Dale Kesling Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the family of Raymon Dale Keeling.
Delegates Frazier, Gearheart and Ellington offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 12 - "Requesting the Athens-Pipestem Road in Mercer County, West Virginia,
beginning at the intersection of Route 20 and Vermillion Street in the Town of Athens then
proceeding north on Route 20 through the Town of Athens, continuing north on Route 20 and ending
at the Summers County line, be named the 'Senator Homer K. Ball Memorial Road'."
Whereas, The Honorable Homer K. Ball was born on October 14, 1924 in Lerona, West
Virginia, the son of the late William Harvey Ball and Sallie Keaton Ball. He was a graduate of
Athens High School, received his B. A. Degree from Concord College (now University) in Athens
and earned his Master's Degree in Public Health from the University of Michigan; and
Whereas, Homer K. Ball served in the West Virginia House of Delegates from 1995 through
1996, in the West Virginia Senate from 1997 through 2000 and as sheriff of Mercer County from
1965 through 1968, served on the Athens Town Council, was a representative on the National Silver
Haired Congress and as Chairman of the Mercer County Democratic Party; and
Whereas, Homer K. Ball was a faithful member of the Concord United Methodist Church,
a member of the Concord Masonic Lodge #48, AF and AM, a member of Chapter #26 of the Royal
Arch Masons and a member of the Athens Lion Club; and
Whereas, Homer K. Ball retired from Concord University after serving for over twenty-five years as the Director of Physical Plant and founded the Homer K. Ball Golf Tournament held at
Pipestem State Park that has been ongoing for twenty-one years and has raised more than $300,000
for student scholarships at Concord University; and
Whereas, Homer K. Ball served his country in the United States Army during the World War
II in the Pacific Theater; and
Whereas, Homer K. Ball died on August 21, 2008, at his home in Athens, Mercer County,
West Virginia. He was survived by his wife of fifty-four years, Helen Blankenship Ball; a daughter,
Laura Jean Ball; his son, Gregory K. Ball; his son Phillip B. Ball and his wife Kathy; his two
grandchildren, Martha Claire Ball and Jackson Henry Ball; and four siblings: Madeline Hurt and her
husband Jim Bob Hurt; Ruby Jean Bishop, William Kenneth Ball and James W. "Jimmy" Ball and
his wife Dreama Ball. He was preceded in death by his daughter, Martha Jean Ball; and
Whereas, Homer K. Ball was a committed and respected public servant and worked tirelessly
on many issues for the benefit of the citizens of Athens and Mercer county. He was a beloved
husband, father, brother and friend who died after many years in the service to his community, county,
state and country and will be missed by all who knew him; and
Whereas, The life of Homer K. Ball shall be recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested that the Athens-Pipestem Road in Mercer
County, West Virginia, beginning at the intersection of Route 20 and Vermillion Street in the Town
of Athens then proceeding North on Route 20 through the Town of Athens, continuing north on Route
20 and ending at the Summers County line, be named the "Senator Homer K. Ball Memorial Road";
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 road, containing bold and
prominent letters proclaiming the road to be named the "Senator Homer Ball Memorial Road"; 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 Senator
Homer K. Ball.
Delegates Frazier, Gearheart and Ellington offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 13 - "Requesting the Maple Acres Road in Mercer County, West Virginia, beginning
at the intersection of Route 20 and the Maple Acres Road 19/33 in the community of New Hope and
proceeding on the Maple Acres Road through Glenwood past the Elks Country Club toward Route
460 and ending at the intersection with Route 123 West, be named the 'Delegate Mike Porter
Memorial Road'."
Whereas, The Honorable Thomas Michael "Mike" Porter was born May 10, 1941 in
Lashmeet, West Virginia, the son of the late Robert Jackson "Jack" Porter and Mary Magdalene
"Maggie" Mills Porter. He was a 1959 graduate of Matoaka High School and attended Concord
University and West Virginia Institute of Technology. Mike was the owner-operator of Associated
Construction & Trucking, Inc., now known as the Thomas M. Porter Co. in Princeton. He attended
Johnston's Chapel Baptist Church in Princeton and was a U. S. Army veteran. Mike was an excellent
racecar driver and was a participant in the Busch Grand National Racing Circuit winning over one
hundred races in the late model stock division. He also broke the speed record at Daytona International Speedway; and
Whereas, Thomas Michael "Mike" Porter died on September 27, 2010, at Charleston Area
Medical Center in Charleston, West Virginia. He was elected to the West Virginia House of
Delegates in 2004, 2006 and 2008 and was a current candidate to again represent the people of Mercer
County. As a delegate he served on the Government Organization Committee, of which he was the
current Minority Vice Chair, on the committee on Roads and Transportation, the Veterans Affairs
Committee, of which he was the current Minority Vice Chair, the Homeland Security Committee and
as a member of the Legislative Intern Committee; and
Whereas, Thomas Michael "Mike" Porter is survived by his wife of forty-eight years, Evelyn
"Ruth" Hedrick Porter of Princeton; one son Thomas Michael "Mikey" Porter, Jr. and wife Sharon
of Princeton; two grandchildren, Jacob Porter and Jared Porter, both of Princeton and one sister, Patty
Porter Grace of Princeton. His sister, Jane Porter Childers preceded him in death; and
Whereas, Thomas Michael "Mike" Porter was a committed and respected public servant and
worked tirelessly on many issues for the benefit of the citizens of Mercer county and was a strong
proponent of the coal industry. He was a beloved husband, father, grandfather and brother who died
in the service to his community, county and state and will be missed by all who knew him; and
Whereas, The life of Thomas Michael "Mike" Porter shall be recognized and honored;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Maple Acres Road in Mercer
County, West Virginia, beginning at the intersection of Route 20 and the Maple Acres Road 19/33
in the community of New Hope and proceeding on the Maple Acres Road through Glenwood past the Elks Country Club toward Route 460 and ending at the intersection with Route 123 West, be named
the "Delegate Mike Porter Memorial Road."; 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 road, containing bold and
prominent letters proclaiming the road to be named the "Delegate Mike Porter Memorial Road"; 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 Delegate
Thomas Michael "Mike" Porter.
Delegates Frazier, Gearheart and Ellington offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 14 - "Requesting the Princeton-Athens Road in Mercer County, West Virginia,
beginning at the intersection of Route 20 and Route 104 in the City of Princeton (known as 'the
Athens Crossroads') then proceeding North on Route 20 to the town limits of Athens and continuing
with Route 20 and South State Street and ending at the intersection with Vermillion Street in Athens,
be named the 'Senator Don Caruth Memorial Road'."
Whereas, The Honorable Donald T. Caruth was born May 23, 1950 in Princeton, West
Virginia, the son of the late William B. Caruth, Sr. and Elizabeth Shipe Caruth. He was a graduate
of Athens High School, received his B. A. Degree from Concord College (now University) in Athens
and earned his J. D. Degree from West Virginia University College of Law. He was a member of the
West Virginia State Bar, Mercer County Bar Association, former Executive Director, West Virginia
Career College, West Virginia Industrial Council, former Adjunct Professor Concord College and Bluefield State College and former Regional Supervisor, Veteran's Education and Training, West
Virginia Department of Education; and
Whereas, Donald T. Caruth died on May 1, 2010, at his home in Athens, Mercer County,
West Virginia. He was survived by his wife, Laura Ann Cochran Caruth, five daughters: Maria,
Andrea, Christie, Allison and Madison; and three siblings: Nancy Van Deusen and husband, Donald,
Linda Lockwood and husband Don, and Jim D. Caruth and wife, Wanda; and
Whereas, Donald T. Caruth began his political career in 2002 when he was elected to the
House of Delegates. He was elected to the State Senate in 2004 and again in 2008. He served as the
Senate Minority Leader for the 78
th Legislature. He was active in his community serving as Athens
Town Council Attorney and Treasurer; he was a member of the New River Parkway Authority, Board
of Directors, Athens Volunteer Fire Department and Athens Medical Center, Children's Home
Society of West Virginia and West Virginia Business and Industry Council 2008 Legislator of the
Year. On March 13, 2010, Governor Manchin presented him with the Distinguished West Virginian
Award. He was an active member of the Concord United Methodist Church in Athens and served as
Chairman of the Church Council and other committees of the church. He was a partner in the law
firm of Brewster, Horhous, Cameron, Caruth, Moore, Kersey & Stafford, PLLC of Bluefield. Donald
T. Caruth was a committed and respected public servant and worked tirelessly on many issues for
the benefit of the citizens of Athens and Mercer County. He was a beloved husband, father, brother
and friend who died in the service to his community, county and state and will be missed by all who
knew him; and
Whereas, The life of Donald T. Caruth shall be recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested that the Princeton-Athens Road in Mercer
County, West Virginia, beginning at the intersection of Route 20 and Route 104 in the City of
Princeton (known as "The Athens Crossroads") then proceeding North on Route 20 to the town limits
of Athens and continuing with Route 20 and South State Street and ending at the intersection with
Vermillion Street in Athens, be named the "Senator Don Caruth Memorial Road"; 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 road, containing bold and
prominent letters proclaiming the road to be named the "Senator Don Caruth Memorial Road"; 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 Senator
Donald T. Caruth.
Delegates Iaquinta, Fleischauer, Longstreth, Stephens, Walker and Azinger offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 15 - "Requesting the Joint Committee on Government and Finance to continue
studying the needs, challenges, and issues facing West Virginia veterans returning from recent service
and those generations that have served before for the purpose of making recommendations on how
the State of West Virginia can better assist them in getting the care and opportunities they deserve.
Whereas, The State of West Virginia's Legislative Select Committee on Veterans' Affairs
continues to receive information from veterans, local health care providers, social workers, and
educational services personnel identifying the current state of affairs in post-deployment services
available to veterans; and
Whereas, The information the committee has received illustrates that many veterans were
either dissatisfied with or unable to receive the treatment options that are currently available or that
they may be eligible for; and
Whereas, During the 2010 interim period, the committee received new and disturbing
information regarding issues unique to homeless and women veterans; and
Whereas, The committee met with Mrs. Deborah Mullen, wife of the Chairman of the Joint
Chiefs of Staff, Admiral Mike Mullen, and learned that more and more women veterans are taking
refuge in homeless shelters with their children than ever before; and
Whereas, Many women veterans do not consider themselves veterans, nor do they feel they
deserve the benefits offered to all veterans per their service to their country; and
Whereas, The committee also learned that children of both veterans and currently serving
military service members suffer unique emotional and logistical challenges that often go undiagnosed
and unnoticed; and
Whereas, The committee recommended the adoption of the Interstate Compact on
Educational Opportunity for Military Children to help ease some of this burden to those affected
children; and
Whereas, By recommendation of The Veterans Initiative Task Force established in 2009 and
this committee, the Legislature of West Virginia passed legislation during the 2010 regular legislative
session calling on the state's institutions of higher education to implement measures to assure that
veterans attending those institutions receive adequate services and are provided adequate facilities
to make these institutions "veteran friendly"; and
Whereas, The Veterans Initiative Task Force continues to make policy recommendations to the committee regarding ways to increase the available services at the state's institutions of higher
education; and
Whereas, Generations of veterans from all services have called West Virginia home as West
Virginia has one of the highest numbers of active duty and injured soldiers per capita in the nation;
and
Whereas, It is important that all eligible veterans receive the services, treatment, and care
they so richly deserve for volunteering their lives to the protection of this country and its institutions;
and
Whereas, The State of West Virginia should remain committed to showing its gratitude of
these service men and women by continuing its endeavor of developing and enhancing services
directed at providing eligible veterans with healthcare services and education opportunities; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to continue
studying the needs, challenges, and issues facing West Virginia veterans returning from recent service
and those generations that have served before for the purpose of making recommendations on how
the State of West Virginia can better assist them in getting the care and opportunities they deserve;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2012, on its findings, conclusions and
recommendations together with drafts of any legislation to effectuate its recommendations; and, be
it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Fleischauer, Miley, Hunt, Michael and Skaff offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 16 - "Urging the Governor to include adequate funding in his fiscal year 2012 budget
so as to fully implement the West Virginia Occupational, Safety and Health Act for public
employees."
Whereas, The Legislature enacted Chapter 21, Article 3A of the West Virginia Code, known
and cited as the West Virginia Occupational Safety and Health Act (hereinafter referred to as "the
Act") in 1987, to be administered by the Division of Labor (hereinafter referred to as "the Division");
and
Whereas, At the time of it's enactment, the Legislature specifically made findings that: (1)
The safety and health of public employees in the workplace is of primary public concern; and (2) That
personal injuries and illnesses arising out of work situations result not only in wage loss and increased
medical expenses for public employees, but also in decreased productivity and increased workers'
compensation expenses for public employers (
See W. Va. Code § 21-3A-1a); and
Whereas, As a result of these findings, the Legislature declares that it is the policy of this
state to ensure that: (1) All public employees be provided with safe and healthful work environments
free from recognized and avoidable hazards; (2) It is the responsibility of the state to promulgate
standards for the protection of the health and safety of its public workforce; and (3) It is in the public
interest for public employers and public employees to join in a cooperative effort to enforce these standards;
Id.
Whereas, The Act requires educational programs on occupational safety and health issues
to be provided to public employees; awareness programs directed at state employees in managerial
positions; routine, unannounced inspections if public workplaces; and compilation of public employer
statistics on occupational injuries and illnesses; and
Whereas, In short, the Act requires the Division to be proactive to ensure the health and
safety of public employees; and
Whereas, Currently, the Division has limited its role in administering the Act to responding
to complaints rather than monitoring compliance with occupational health and safety standards; and
Whereas, While the investigation of complaints is an important function, the current
approach has the disadvantage of allowing potentially unsafe or unhealthy work environments to go
undetected because of employees' reluctance to report violations because of a concern that they may
lose their jobs; and
Whereas, According to a 2002 Legislative audit and a 2010 supplemental audit, the Act has
not ever been properly implemented or enforced; and
Whereas, Specifically, the 2002 Legislative audit found that the Division was not pro-
actively inspecting public workplaces or collecting public employer statistics, and had not established
two review panels required by law; and
Whereas, Despite the findings contained in the 2002 audit, a supplemental audit in 2010
found that the Act was still not being implemented in any meaningful fashion; and
Whereas, Since the passage of the Act in 1987, the state budget has failed to provide the
Division the appropriate funding to implement the provisions of the Act; and
Whereas, The Division has made repeated requests for funding for the fiscal years 2003
through 2011 ranging from $467,074 to $554,117. However, the requests have not been included in
the Governor's budget; and
Whereas, Implementation and enforcement of the Act may provide access to federal
matching funds for state implementation and enforcement of the Act's standards for public
employees; and
Whereas, The Legislature is committed to ensuring that all employees of the state have a safe
workplace, and implementation and enforcement of the Act would further that priority; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges to the Governor to provide adequate funding in his fiscal
year 2011 budget so as to fully implement the West Virginia Occupational, Safety and Health Act for
public employees; and, be it
Further Resolved, That if the Governor fails to provide adequate funding to fully implement
the West Virginia Occupational, Safety and Health Act in his fiscal year 2011 budget, the House and
Senate Finance Committees are urged to include funding to fully implement the Act in the 2011
budget; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a copy of this resolution
to the Governor.
Delegates Iaquinta, Fleischauer, Longstreth, Stephens, Walker and Azinger offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 17 - "Requesting the Joint Committee on Government and Finance study the recruitment, distribution, and potential barriers of the United States Department of Defense's
TRICARE healthcare system among private healthcare practitioners in an effort to increase the overall
acceptance of the TRICARE healthcare system by the state's private medical practitioners and to also
determine possible methods aimed at avoiding coverage gaps during a transition of an individual to
or from a public or private healthcare system to the TRICARE healthcare system."
Whereas, The TRICARE healthcare system is a program of the United States Department
of Defense's Military Health System through the TRICARE Management Activity; and
Whereas, TRICARE provides healthcare benefits in private civilian medical practices to
military personnel, military retirees, their dependents, and, in some instances of eligibility, members
of the reserve component of the United States Armed Forces; and
Whereas, Prior to World War II, health care for military personnel was provided solely in
military medical facilities on a first-come-first-served basis; and
Whereas, Due to the influx of returning military personnel after World War II, a great
demand was placed on the military medical facilities' resources and system; and
Whereas, This increased demand caused Congress to pass legislation in 1956 and 1966 to
allow the Secretary of Defense to contract with civilian health care providers to cover the healthcare
costs of military personnel outside of the military medical facilities; and
Whereas, This program became known as the Civilian Health and Medical Program of the
Uniformed Services in 1966 and functioned as such until the mid-1990s when the system was
discontinued in favor of the newly created region based TRICARE healthcare system to address the
financial burdens and beneficiary dissatisfaction of the previous program and to accommodate
advancements in healthcare administration; and
Whereas, TRICARE has since been restructured numerous times to accommodate for various
regional changes and to implement new benefit package offerings; and
Whereas, TRICARE features six benefit package options available for enrollment by eligible
military personnel at various costs, if applicable, to the beneficiary; and
Whereas, As service members become participants of or leave the TRICARE healthcare
system, coverage gaps may occur leaving the beneficiary or their dependents vulnerable to expensive
healthcare costs that may otherwise be covered by TRICARE or the separate public or private
healthcare system they may be leaving or joining; and
Whereas, As TRICARE has few statewide participating private medical practitioners who
accept it as a means of payment, the state may have policy and financial abilities to encourage these
practitioners to do so; and
Whereas, West Virginia has historically been home to more United States Armed Forces
service members per capita than any other state in the nation; and
Whereas, The State of West Virginia should therefore remain committed to showing its
gratitude of these service members and their families by continuing its endeavor of developing and
enhancing services directed at providing eligible service members and veterans with healthcare
services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
of the recruitment, distribution, and potential barriers of the United States Department of Defense's
TRICARE healthcare system among private healthcare practitioners in an effort to increase the overall
acceptance of the TRICARE healthcare system by the state's private medical practitioners and to also determine possible methods aimed at avoiding coverage gaps during a transition of an individual to
or from a public or private healthcare system to the TRICARE healthcare system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2012 on its findings, conclusions and
recommendations together with drafts of any legislation to effectuate its recommendations; and, be
it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
On motions for leave, Joint Resolutions were introduced, read by their titles and severally
referred as follows:
By Delegates Doyle and Moye:
H. J. R. 20 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending Section twenty-four, article VI thereof, relating to the procedure for appointing a member
when necessary to replace an elected or appointed member; 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.
By Delegates Overington, Walters, Cowles, Azinger and Duke:
H. J. R. 21 - "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.
By Delegates Romine, Walters, Evans, Azinger, C. Miller, Duke and Rowan:
H. J. R. 22 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article ten thereof by adding thereto a new section, designated section five-a, relating to
taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate
of any tax levied or fee imposed may not be enacted unless sixty percent of the members of each
house, present and voting, vote in the affirmative for passage; numbering and designating the
proposed amendment; and providing a summarized statement of the purpose of the proposed
amendment"; to the Committee on Constitutional Revision then Finance.
By Delegates J. Miller, Overington, Lane, Sobonya and Andes:
H. J. R. 23 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article X thereof by adding thereto a new section, designated section 1d, relating to a
taxpayer's bill of rights intended to reasonably restrain the growth of government; 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 Overington, Lane, Carmichael, Sobonya, Sumner, Walters, Canterbury,
J. Miller and Andes:
H. J. R. 24 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section nine, article three thereof, relating to prohibiting the taking of private property for
private use; 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.
By Delegates J. Miller, Cowles, Andes, Hall, Carmichael, Duke, Border and Armstead:
H. J. R. 25 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article III thereof by adding thereto a new section, designated section twenty-three, relating
to preserving the freedom of West Virginians to provide for their healthcare thereof; 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.
By Delegates Overington, J. Miller, Andes, Lane, Armstead and Walters:
H. J. R. 26 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article ten thereof by adding thereto a new section, designated section five-a, relating to
taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate
of any tax levied or fee imposed may not be enacted unless two thirds of the members of each house,
present and voting, vote in the affirmative for passage; numbering and designating the proposed
amendment; and providing a summarized statement of the purpose of the proposed amendment"; to
the Committee on Constitutional Revision then Finance.
By Delegates Overington, Armstead, Rowan, Duke, Sumner, Walters, Andes, J. Miller
and Lane:
H. J. R. 27 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one, article VI thereof; amending section two, article XIV thereof; and further
amending said Constitution by adding a new article, designated article XV, all relating to the
legislative powers held by the people of the state and the Legislature; the power of the registered
voters and the power of the Legislature to propose amendments to this Constitution; and the
reservation by and to the people and registered voters of this state the powers of initiative,
referendum, and recall at all levels of government in this state; 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.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Overington, Barker, J. Miller, Duke, Hall, Householder, Howell, R.
Phillips, Andes, Savilla and Snuffer:
H. B. 2526 - "A Bill to repeal §61-11-2 of the Code of West Virginia, 1931, as amended; to
repeal §62-3-15 of said code; to amend and reenact §61-2-2 of said code; to amend said code by
adding thereto seven new sections, designated §61-2-2a, §61-2-2b, §61-2-2c, §61-2-2d, §61-2-2e,
§61-2-2f and §61-2-2g; and to amend said code by adding thereto four new sections, designated §62-
7-4, §62-7-5, §62-7-6 and §62-7-6a, all relating to death penalty for first degree murder; procedures,
standards and findings applicable to imposition thereof in certain instances including aggravating and
mitigating circumstances; sentencing; providing automatic review of the death penalty by the
Supreme Court of Appeals; providing for forensic deoxyribonucleic acid ('DNA') testing of
biological material in death penalty cases; providing for execution of the death sentence by lethal
injection; providing for delivery of sentence of death to officer retaining custody of person so
sentenced; providing for transmission of indictment, order of conviction, sentence and judgment
entered thereon to the warden of the state correctional facility; transfer of person sentenced to death
to the state correctional facility; execution; providing presence of certain persons be requested for the
execution; providing for certification that sentence of death has been executed; and providing for
disposition of the body"; to the Committee on the Judiciary then Finance.
By Delegates Michael, Hartman, Crosier, Williams and D. Poling:
H. B. 2527 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6,
§19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-
2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and
to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid
farming as an agricultural enterprise in this state; powers and duties of the Department of Agriculture;
promulgation of rules; duties and obligation of the commissioner; application process; issuance,
renewal, modification and transfer of a license certificate; inspection of facilities; transition of current
facilities; noncompliance with article; and providing for certain criminal penalties and remedies"; to
the Committee on Natural Resources then the Judiciary.
By Delegates D. Walker, Lawrence, Butcher, Armstead, Martin and Hall:
H. B. 2528 - "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 Delegates Williams, Hartman and Shaver:
H. B. 2529 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-11c, relating to authorizing a corporation net income tax
credit for reducing charges for home heating fuel and propane gas provided to low-income residents";
to the Committee on Finance.
By Delegates Martin, Cann, Ferro, Barker, C. Miller, Kominar and Swartzmiller:
H. B. 2530 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17A-2-10b, relating to requiring a study of the feasibility of
consolidation of government services and enforcement of laws pertaining to the motor carrier industry
requiring the Commissioner of the Division of Motor Vehicles to conduct the study; authorizing the
Commissioner to retain an outside expert consultant or consultants to advise and assist the
Commissioner in conducting the study; exempting certain information received by the Commissioner
from the West Virginia Freedom of Information Act; establishing the misdemeanor offense of
unauthorized disclosure of trade secrets or proprietary business information obtained by the
Commissioner in the course of conducting the study; and providing for criminal penalties"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan, Stephens, Martin and Swartzmiller:
H. B. 2531 - "A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended;
to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding
thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6,
§29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13, and to amend and
reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks; defining
terms; setting forth the State Fire Marshal's authority; requiring a registration, certification or permit;
establishing the requirements for a registration, certification and permit; establishing a special revenue
account; setting forth the State Fire Marshal's rule-making authority; providing authority to
investigate complaints; providing administrative fines; and providing criminal penalties"; to the
Committee on Government Organization then the Judiciary.
By Delegates Staggers, L. Phillips, Hall, Martin, Perry, Moore, Morgan, Mahan, Moye, Pino and Williams:
H. B. 2532 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §20-3D-1, §20-3D-2, §20-3D-3, §20-3D-4 and §20-3D-5, all relating
to zipline regulation; establishing legislative purpose; defining terms; setting forth duties of zipline
operators; requiring liability insurance; setting forth recordkeeping requirements; establishing
responsibilities of participants; providing for assumption of risks; setting forth prohibited acts; and
defining liability of zipline operators"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.
By Delegates Talbott, Caputo, Hunt, Boggs, Varner, Shaver, Perry and Fleischauer:
H. B. 2533 - "A Bill to amend and reenact §3-5-23 of the Code of West Virginia, 1931, as
amended, relating to requiring the identities of signatories to a certificate for a person seeking ballot
access to be made public and verified by the Secretary of State if the office covers more than one
county"; to the Committee on the Judiciary.
By Delegates Iaquinta, Fleischauer, Longstreth, Stephens, Walker and Azinger:
H. B. 2534 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §9A-1-11b, relating to establishing a program to promote veteran
friendly communities; providing that the Division of Veterans Affairs, in consultation with the
Veteran's Council, establish a program to assist and encourage the development, availability and
utilization of veteran friendly services, benefits and assistance available to veterans in communities
in this state; annual report to the Legislature"; to the Committee on Veterans' Affairs and Homeland
Security then the Judiciary.
By Delegates Mahan, Fleischauer, Barker and L. Phillips:
H. B. 2535 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by
adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5 and §5-30-6,
all relating to the creation of an equal pay coordinator within the Governor's Office to ensure pay
equity among state employees; making Legislative findings; providing qualifications for the position;
providing powers and duties of coordinator; providing for the development of a strategic plan to
ensure pay equity in state government; authorizing other agencies to share necessary information with
the coordinator; and providing rule-making authority"; to the Committee on Government
Organization then Finance.
By Delegates Walters and Ellem:
H. B. 2536 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-2-42x, relating to creating a hunting license permitting
crossbow hunting; and providing rule-making authority"; to the Committee on Natural Resources then
Finance.
By Delegates Fleischauer, Miley, Ellem, Hunt, Michael, Overington and Skaff:
H. B. 2537 - "A Bill to amend and reenact §46A-6J-2, §46A-6J-3 and §46A-6J-6 of the Code
of West Virginia, 1931, as amended, all relating to protection of consumers from price gouging and
unfair pricing practices; the sales of gasoline or other motor fuels during a state of emergency;
amending definition of state of emergency; creating an alternative pricing formula for fuel suppliers;
and updating the preemption provisions"; to the Committee on the Judiciary then Finance.
By Delegates Frazier, Miley, Brown, Caputo, Ellem, Hamilton, Longstreth, Moore and
Sobonya:
H. B. 2538 - "A Bill to amend and reenact §30-29-1, §30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §30-29-11, all relating to law-enforcement certification generally; expanding the
responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement
professional standards subcommittee; clarifying the authority to decertify law-enforcement officers;
establishing a database of law-enforcement officers disciplined for certain types of misconduct;
requesting the proposal of legislative rules to set standards for law-enforcement agencies to report
certain types of misconduct by officers to the database; and requiring that law-enforcement agencies
check the database prior to hiring an officer"; to the Committee on the Judiciary.
By Delegates Frazier, Miley, Brown, Caputo, Ellem, Hamilton, Longstreth, Moore and
Sobonya:
H. B. 2539 - "A Bill to amend and reenact §15-2B-3 and §15-2B-5 of the Code of West
Virginia, 1931, as amended, all relating to authorizing the West Virginia State Police to only use the
services of the state designated laboratory at the Marshall University Forensic Science Center for
DNA typing, testing and research in support of the national DNA database, CODIS, and for forensic
DNA testing"; to the Committee on the Judiciary.
By Delegates Fleischauer, Ellem, Hunt, Michael, Skaff and Longstreth:
H. B. 2540 - "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 a bachelor degree or two years
of experience to serve as a magistrate; authorizing the Supreme Court Administrator to relieve
magistrates from annual training requirements; and deleting antiquated provisions"; to the Committee
on the Judiciary.
By Delegates Frazier, Miley, Caputo, Brown, Hamilton, Longstreth and Moore:
H. B. 2541 - "A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as
amended, relating to the criminal offense of robbery and attempted robbery; making it a crime to rob
or attempt to rob a person under the pretense of having a deadly weapon; and increasing certain
criminal penalties"; to the Committee on the Judiciary then Finance.
By Delegate Brown:
H. B. 2542 - "A Bill to amend and reenact §37-13A-1 and §37-13A-2 of the Code of West
Virginia, 1931, as amended, all relating to clarifying requirements and procedures for access to
cemeteries and grave sites located on private land; authorizing agents of family members or decedents
to access private cemeteries or grave sites; and clarifying that maintaining the grave site or cemetery
includes the installation of monuments or grave markers"; to the Committee on the Judiciary then
Finance.
By Delegates Iaquinta, Fleischauer, Longstreth, Stephens, Walker and Azinger:
H. B. 2543 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as
amended, relating to unemployment benefits for certain spouses of military personnel; providing that
an individual who has voluntarily quit employment to accompany a spouse serving in active military
service who has been reassigned from one military assignment to another shall not be disqualified for
benefits; providing that the account of the employer of the individual who leaves employment to
accompany a spouse reassigned from one military assignment to another shall not be charged"; to the
Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Iaquinta, Fleischauer, Longstreth, Stephens, Walker and Azinger:
H. B. 2544 - "A Bill to amend and reenact §30-6-22 of the Code of West Virginia, 1931, as
amended, relating to disposition of the remains of a deceased military service member who dies while serving in the United States Armed Forces"; to the Committee on Veterans' Affairs and Homeland
Security then the Judiciary.
By Delegates D. Poling, Butcher, Hamilton, D. Campbell, Ellem, Martin, Barker and
Storch:
H. B. 2545 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-22, relating to requiring onsite employees at certain public
works construction projects to complete an Occupational Safety and Health Administration (OSHA)
approved 10-hour construction safety program prior to beginning work; civil penalties; and
exemptions"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then Government Organization.
By Delegates Frazier, Miley, Brown, Caputo, Ellem, Hamilton, Longstreth, Moore and
Sobonya:
H. B. 2546 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §62-1G-1 and §62-1G-2, all relating to subpoena powers for aid of
criminal investigations, legislative declaration of necessity; information to be disclosed in response
to subpoena; content of subpoena; authorization of fee for information provided in response to
subpoena; and nondisclosure of subpoena to account holder; immunity"; to the Committee on the
Judiciary then Finance.
By Delegates Howell, Doyle and R. Phillips:
H. B. 2547 - "A Bill to amend and reenact §17A-3-3 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17C-16-5 of said code, all relating to the requirements for
registration and inspection of motor vehicles; requiring a certificate of inspection to identify the inspection station that issued it and the serial number of the vehicle; and authorizing the State Police
to charge $1 per issued inspection sticker"; to the Committee on Roads and Transportation then
Finance.
By Delegates T. Campbell and Canterbury:
H. B. 2548 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12j, relating to permitting an individual taxpayer to decrease
his or her federal adjusted gross income up to $1,000 for nursing home expenses for the taxpayer or
the taxpayer's spouse"; to the Committee on Finance.
By Delegates T. Campbell and Canterbury:
H. B. 2549 - "A Bill to amend and reenact §21A-1-4 of the Code of West Virginia, 1931, as
amended, relating to Workforce West Virginia; and requiring the executive director to establish a
system of issuing all licenses, certificates or permits, required for business entities in the state, from
a single location; and promulgating rules for legislative approval to accomplish this purpose"; to the
Committee on the Judiciary.
By Delegates Iaquinta, Fleischauer, Longstreth, Stephens, Walker and Azinger:
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, §18-10F-2 and §18-10F-3, all relating to the enactment
of the Interstate Compact on Educational Opportunity for Military Children; establishing the West
Virginia Council for Educational Opportunities for Military Children; membership; powers and
duties"; to the Committee on Education then Finance.
By Delegates Doyle, Guthrie, Ferro, Frazier, Reynolds and Walters:
H. B. 2551 - "A Bill to repeal §36-1-4, §36-1-6, §36-1-17 and §36-1-18 of the Code of West Virginia of 1931, as amended; to repeal §44-5-12, §44-5-13, §44-5-14 and §44-5-15 of said code; to
repeal to §44-6-2a of said code; to repeal §44-14-1, §44-14-2, §44-14-3 §44-14-4 and §44-14-5 of
said code; to amend and reenact §38-1-13 of said code; to amend said code by adding thereto a new
section, designated §44-4-22; to amend and reenact §44-5-1, §44-5-7 and §44-5-11 of said code; to
amend and reenact §44-5A-2, §44-5A-3 and §44-5A-4 of said code; to amend said code by adding
thereto three new sections, designated §44-5A-5, §44-5A-6 and §44-5A-7; to amend and reenact
§44-6-1 and §44-6-2 of said code; to amend said code by adding thereto a new section, designated
§44-6-11; to amend and reenact §44-6C-1, §44-6C-2, and §44-6C-9 of said code; to amend and
reenact §44-7-1 of said code; to amend said code by adding thereto a new section, designated §44-7-4;
and to amend said code by adding thereto a new chapter, designated §44D-1-101, §44D-1-102,
§44D-1-103, §44D-1-104, §44D-1-105, §44D-1-106, §44D-1-107, §44D-1-108, §44D-1-109,
§44D-1-110, §44D-1-111, §44D-1-112, §44D-1-113, §44D-2-201, §44D-2-202, §44D-2-203,
§44D-2-204, §44D-3-301, §44D-3-302, §44D-3-303, §44D-3-304, §44D-3-305, §44D-4-401,
§44D-4-402, §44D-4-403, §44D-4-404, §44D-4-405, §44D-4-406, §44D-4-407, §44D-4-408,
§44D-4-409, §44D-4-410, §44D-4-411, §44D-4-412, §44D-4-413, §44D-4-414, §44D-4-415,
§44D-4-416, §44D-4-417, §44D-5-501, §44D-5-502, §44D-5-503, §44D-5-504, §44D-5-505,
§44D-5-506, §44D-5-507, §44D-6-601, §44D-6-602, §44D-6-603, §44D-6-604, §44D-7-701,
§44D-7-702, §44D-7-703, §44D-7-704, §44D-7-705, §44D-7-706, §44D-7-707, §44D-7-708,
§44D-7-709, §44D-8-801, §44D-8-802, §44D-8-803, §44D-8-804, §44D-8-805, §44D-8-806,
§44D-8-807, §44D-8-808, §44D-8-809, §44D-8-810, §44D-8-811, §44D-8-812, §44D-8-813,
§44D-8-814, §44D-8-815, §44D-8-816, §44D-8-817, §44D-9-901, §44D-10-1001, §44D-10-1002,
§44D-10-1003, §44D-10-1004, §44D-10-1005, §44D-10-1006, §44D-10-1007, §44D-10-1008, §44D-10-1009, §44D-10-1010, §44D-10-1011, §44D-10-1012, §44D-10-1013, §44D-11-1101,
§44D-11-1102, §44D-11-1103, §44D-11-1104 and §44D-11-1105, all relating generally to estates and
trusts and their administration; providing that certain provisions of current law to have no effect after
specified date; providing certain provisions of current law are not to apply to trusts and trustees after
specified date; changing names of certain articles of existing code; providing for the creation,
administration, revision and termination of trusts; providing for trustees, powers and duties of trustees
and substitution of trustees; providing for distribution of trust assets; specifying powers and certain
restrictions on powers of fiduciaries; amending the Uniform Prudent Investor Act; modernizing
language of certain existing sections of code and deleting obsolete language; adopting West Virginia
Uniform Trust Code; providing general provisions and definitions; providing for judicial proceedings;
providing for representation of trusts; providing for creation, validity, modification and termination
of trusts; providing for creditor's claims; providing for spendthrift trusts, discretionary trusts and
revocable trusts; providing for the office of trustee; providing duties and powers of trustees; providing
for liability of trustees and rights of persons dealing with trustee; providing various miscellaneous
provisions for trusts and trustees; specifying delayed effective date for West Virginia Uniform Trust
Code; and providing rules for application of that date"; to the Committee on the Judiciary then
Finance.
House Calendar
Second Reading
Com. Sub. for H. B. 2464, Adding additional requirements to the Ethics Act; on second
reading, coming up in regular order was read a second time and ordered to engrossment and third
reading.
Delegate Andes asked and obtained unanimous consent that the remarks of Delegate Lane
delivered on January 13, 2011 regarding gubernatorial succession be printed in the Appendix to the
Journal.
At 11:17 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 19,
2010.
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