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THURSDAY, JANUARY 21, 2010

NINTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, January 20, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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

Delegates Iaquinta, Fleischauer, Eldridge and D. Walker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R 7 - "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 has been continuously receiving testimony 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 testimony 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, Veterans recently returning from active duty are facing struggles, injuries, and mental and physical health care issues that are unprecedented and are not being fully addressed by current services; and
Whereas, The federal and state veterans care facilities, many public and private medical care facilities, and volunteer organizations are becoming inundated with the influx of veterans in need of care; and
Whereas, President Barack Obama's administration's committed troop increase to Afghanistan will most likely increase the need for additional veterans benefits and services that are already stretched thin to handle the influx of returning soldiers; and
Whereas, Many of the state's institutions of higher learning have begun offering programs directed at providing veterans with assistance including financial assistance, campus counseling, and aid in the transition from military life to student life; and
Whereas, In 2009, the Legislative Select Committee on Veterans' Affairs distributed a survey questionnaire to the state's institutions of higher education in an effort to quantify the overall veteran friendliness of their campus' and veteran educational opportunities;
Whereas, The West Virginia Higher Education Policy Commission has established a Veterans Initiative Task Force to help expand educational benefits and services among the state's institutions of higher education; and
Whereas, The Veterans Initiative Task Force consists of higher education professionals, veterans benefits coordinators, and state agency representatives; and
Whereas, The Legislative Select Committee on Veterans' Affairs has asked The Veterans Initiative Task Force to periodically make policy and legislative recommendations based on their findings; 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 regular session of the Legislature, 2010, 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 Skaff, Cowles, Hall, Lane, Lawrence, Manypenny, McGeehan, J. Miller, Poore, Shook and Stowers offered the following resolution, which was read by the Clerk as follows:
H. R. 5 - "Designating Thursday, January 21, 2010, as 'Generation West Virginia Day'."
Whereas, Generation West Virginia is a statewide movement committed to cultivating and engaging young talent, those twenty-one to forty-five; and
Whereas, The retention, recruitment, and advancement of young talent is critical to the future of our State's economy, communities and intellectual infrastructure; and
Whereas, This broad-based collaboration of young leaders within Generation West Virginia involves individuals from all walks of life, careers, and communities who are committed to a positive and strong present and future for our great State; and
Whereas, Those twenty-one to forty-five years of age in West Virginia include more than 600,000 of our State's population and represent our State's future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and most importantly our hope for a successful future; and
Whereas, These young leaders are not just the future of our state, but the rising leaders of today who will make it possible for West Virginia to compete successfully with the world; and
Whereas, By working to make our State attractive for young talent, it is possible to prevent the historic "brain drain" from continuing and build a strong future for our State to become a global leader; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates Thursday, January 21, 2010, as "Generation West Virginia Day" in the Mountain State and encourages all citizens to join the House of Delegates in this observance; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to representatives of Generation West Virginia Day.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 5) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4128, Relating to insurance companies deemed to be in hazardous financial condition,
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. 4128) 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. 2663, Expanding the power of municipal parking authority officers,
And,
H. B. 2808, Providing a procedure for removal of county, district or municipal officers, And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2663 and H. B. 2808) were each 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. 4022, Exempting funeral procession from paying tolls while traveling on the West Virginia Turnpike,
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. 4022) was referred to the Committee on Finance.
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. 2561, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
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. 2561) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2503, Requiring licensed tattoo artist to inform patrons, prior to performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the reading of magnetic resonance imaging,
And 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. 2503) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4103, Health Care Authority, hospital ambulatory health care facilities,
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. 4103) was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Doyle, Lawrence, Mahan, Perdue, Campbell and White:
H. B. 4147 - "A Bill to amend and reenact §30-27-3 of the Code of West Virginia, 1931, as amended, relating to the professions and occupations; and exempting from licensing requirements of the Board of Barbers and Cosmetologists persons who only perform the duty of hair washing for a licensed barber or cosmetologist, but requiring a student license to be known as an apprentice license for those persons"; to the Committee on Government Organization then the Judiciary.
By Delegates Doyle, Mahan, Perdue and Hatfield:
H. B. 4148 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §57-3-10, relating to prohibiting members of the news media from being compelled to give testimony in any civil, criminal or grand jury proceedings; and providing exceptions"; to the Committee on the Judiciary.
By Delegates Doyle, Mahan, Perdue and Hatfield:
H. B. 4149 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1j, relating to the Public Service Commission; and authorizing incentives for energy conversation by electric utilities through installation of voltage regulation devices"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Miley, Wooton, Barker, Moore, Shook, Ferro, Ellem, Schoen and Sobonya:

H. B. 4150 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5I-1-1, §5I-1-2, §5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6, §5I-1-7, §5I-1-8, §5I-1-9, §5I-1-10 and §5I-1-11, all relating to the codification of the West Virginia Partnership to Promote Community Well-Being; duties and powers; membership; date by which members must be appointed by Governor; reporting dates; creation of fund; operative dates; designation of Partnership as repository of data related to substance abuse; and rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegate Doyle:
H. B. 4151 - "A Bill to amend and reenact §48-23-503 of the Code of West Virginia, 1931, as amended, relating to domestic relations; adoptions; and providing a procedure for disclosure of birth parents to an adoptee, when the parties are not registered in the voluntary adoption registry"; to the Committee on the Judiciary.
By Delegates Staggers, Perdue, Perry, Moore, Moye, White, Caputo, Miley, Schoen, Rowan and Michael:

H. B. 4152 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-33, relating to making it a misdemeanor to make more than three calls to 911 for nonemergency health concerns"; to the Committee on the Judiciary.
By Delegates Perdue, Border, Hartman, Hatfield, Marshall, Michael, Moore, Phillips, Rodighiero, Staggers and Wooton:
H. B. 4153 - "A Bill to repeal §16-41-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6, all relating to the establishment of the Office for Oral Health in the Bureau for Public Health, creation of a full time director and the establishment of an advisory board and the responsibilities of the Office for Oral Health"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Guthrie, Klempa, Ennis, Ferro and Martin:
H. B. 4154 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-36a, relating to bicycle and pedestrian ways being given full consideration in the planning and development of state roads; providing when bicycle and pedestrian ways must be established; and providing exceptions"; to the Committee on Roads and Transportation then Finance.
By Delegates Varner, Kominar, Cann, Campbell, White, Poling, M., Mahan, Ferro, Perdue, Boggs and Pethtel:

H. B. 4155 - "A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-15-8d; and to amend and reenact §33-3-14d of said code, all relating to permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums and length of service awards; establishing a Volunteer Firefighter Length of Service Awards Program Fund; providing the Insurance Commissioner with the rulemaking authority for establishing criteria for awards from the fund; eliminating the ten percent portion of the premium tax on taxable insurance premiums allocated to the Teachers Retirement System Reserve Fund and increasing moneys allocated to volunteer and part time fire departments by that same amount"; to the Committee on the Judiciary then Finance.
By Delegate Ellem (By Request):
H. B. 4156 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3- 12-8, §3-12-9, §3-12-10 and §3-12-11, all relating to recall elections of elected or appointed federal officers that do not hold a life term; grounds for recall election; rules for applying for and the validity of a petition; and successors"; to the Committee on the Judiciary.
House Calendar
First Reading

 The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4026, Relating to higher education capital facilities generally,
H. B. 4040, Requiring county boards to adopt contingency plans designed to guarantee one hundred eighty separate days of instruction for students,
And,
H. B. 4138, Relating to the practice of medical imaging and radiation therapy.
Miscellaneous Business

Delegate Schoen announced that she was absent yesterday when the votes were taken on H. B. 4016, Strengthening the Ethics Act financial disclosure filing requirements (Roll Nos.2 and 3), and that had she been present, she would have voted "Yea" thereon.
At 11:20 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 22, 2010.