hdj2010-01-29-17
__________*__________
FRIDAY, JANUARY 29, 2010
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 28, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 4142, Relating to the board of sanitarians,
And,
H. B. 4171, Relating to the Division of Corrections,
And reports the same back with the recommendation that they each 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. 4150, West Virginia Partnership to Promote Community Well-Being Act,
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. 4150) 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. 4133, Clarifying the requirements to practice marriage and family therapy,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4133 - "A Bill to amend and reenact §30-31-9 of the Code of West
Virginia, 1931, as amended, relating to the practice of marriage and family therapy; and revising the
licensing and eligibility requirements for the practice of marriage and family therapy,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4069, Barbers and Cosmetologists, standard of ethics,
H. B. 4084, Counseling, licensed professional counselor fees,
H. B. 4085, Counseling, license renewal
,
H. B. 4086, Counseling, marriage and family therapists licensing,
H. B. 4087, Counseling, marriage and therapists fees,
H. B. 4116, Osteopathy, licensing procedures,
H. B. 4117, Osteopathy, formation and approval of professional limited liability companies,
And,
H. B. 4118, Osteopathy, fees for services rendered,
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. 4069, H. B. 4084, H.
B. 4085, H. B. 4086, H. B. 4087, H. B. 4116, H. B. 4117 and H. B. 4118) were each referred to the
Committee on the Judiciary.
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. 4073, Barbers and Cosmetologists, licensing schools of barbering and beauty culture,
And,
H. B. 4074, Barbers and Cosmetologists, operation of barber, beauty shops and schools,
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. 4073 and H. B. 4074)
were each referred to the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4031, Providing flexibility in the West Virginia public school support plan for funding
regional education service agencies,
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. 4031) was referred to
the Committee on Finance.
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. 1 - "Requesting the Division of Highways to name Bridge No. 9-50-5.61, located
on U. S. Route 50 at mile post 5.61 crossing Arnold's Creek, in Doddridge County, the 'SPC Jason
N. Marchand Memorial Bridge'."
Whereas, SPC Jason N. Marchand was a graduate of Doddridge County High School, Class
of 2000, and a resident of Greenwood, West Virginia; and
Whereas, Sensing the call of duty, he enlisted in the U. S. Army; and
Whereas, After enlisting, he was assigned to Vilseck, Germany for two years as a member
of the 3
rd Squadron, 2
nd Stryker Cavalry Regiment (Wolfpack) before being deployed to Iraq; and
Whereas, On the morning of October 5, 2007, during combat operations north of Baghdad,
he tragically lost his life when an improvised explosive device detonated near his unit; and
Whereas, He was laid to rest as a hero October 13, 2007, in Center Point, West Virginia;
and
Whereas, It is fitting that this bridge be named in memorial to the life, sacrifice and service
of SPC Jason N. Marchand; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby request the Division of Highways to name Bridge No. 9-50-5.61
located on U. S. Route 50 between the communities of Arnold's Creek and Central Station, in
Doddridge County, the "SPC Jason N. Marchand Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and
placed on the bridge, signs identifying it as the "SPC Jason N. Marchand Memorial 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 members of the family of SPC
Jason N. Marchand.
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 that portion of Rt. 16 from the stop
light on Rt. 19 at Fayetteville to Cotton Hill Bridge as the 'Robert K. "Bob" Holliday Highway'."
Whereas, Robert K. "Bob" Holliday served in the House of Delegates from 1963 through
1968 and the State Senate from 1969 to 1972 and from 1981 through 1992 and was a respected
member of Senate and House Committees; and
Whereas, During his tenure in the State Legislature he served as Chairman for the
Committee on Labor, Chairman for the Committee on Education, Chairman for the Committee on
Interstate Cooperation and Chairman for the Committee on Health and Human Resources; and
Whereas, Mr. Holliday graduated from Montgomery High School in 1950 where he was
honored as the Outstanding Senior Student, graduated from West Virginia University, having
received a B.A. from the West Virginia Institute of Technology Journalism and having received an
M.A. from Marshall University in Political Science; and
Whereas, Mr. Holliday received the Pearl S. Buck Award in 1982, the Distinguished
Service Award from the West Virginia School of Osteopathic Medicine in 1983, the West Virginia
Rehabilitation Structural Barriers Award, an Honorary Doctorate in the Adult Basic Education
Program and was selected to the Who's Who in American Universities and Colleges; and
Whereas, Mr. Holliday having served as Chairman for the Heart Fund, Region IV Mental
Health Planning Committee, President for the Fayette Mental Health Society, Director for the West
Virginia Mental Health Association, Board Member of the Plateau Group Homes, and Director of
the New River Gorge County Development Corporation; and
Whereas, Mr. Holliday having been a member of many community organizations, including the Midland Trail Improvement Association, Pi Sigma Alpha, the Fayette Needy Association, the
Coal Valley Lodge: AF:AM, the 32 Scottish Rite, Shiner, the Fayette Volunteers and the Fayette
County Young Democratic Club; and
Whereas, Mr. Holliday having owned and been the editor of a respected newspaper, a noted
author, political scientist and television producer; and
Whereas, Mr. Holliday is a loving and devoted husband to Deborah Bragg Holliday and
father of seven children, Kelvin Edward, Kathleen Edna, Stephen Kerr, Robert Lawson, Jeffrey
Edward, Tracey Ann and Brandon Michael; and
Whereas, It is fitting to honor Robert K. "Bob" Holliday for his service to his community
and his state by naming the section of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton
Hill bridge as the "Robert K. 'Bob' Holliday Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the section of Rt. 16
from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the "Robert K. 'Bob' Holliday
Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the roadway as the "Robert K. 'Bob' Holliday Highway"; and, be it
Further Resolved, That the Senate forward a certified copy of this resolution to the Secretary
of the Department of Transportation, to Robert K. 'Bob' Holliday and to his family.
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 10-16-23.35 on
Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette County, West
Virginia the 'Eugene Mitchell Skaggs Memorial Bridge'."
Whereas, Eugene Mitchell Skaggs was born and raised in Ansted, West Virginia; and
Whereas, Sadly, Signalman First Class Eugene Mitchell Skaggs was killed serving his state
and country during World War II on December 7, 1941; and
Whereas, Naming bridge number 10-16-23.35, would forever honor the memory of
Signalman First Class Eugene Mitchell Skaggs who made the ultimate sacrifice for his country and
state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 10-16-
23.35 on U.S. Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette
County, West Virginia on U.S. Route 16 the "Eugene Mitchell Skaggs Memorial Bridge"; and, be
it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the "Eugene Mitchell Skaggs Memorial Bridge."
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of the
late Eugene Mitchell Skaggs.
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. 5 - "Requesting the bridge crossing the Shavers Fork River at Parsons in Tucker
County, West Virginia, specifically bridge number 47-219-8.25, be named the 'Sheriff O. Gay
Hovatter Memorial Bridge'."
Whereas, Sheriff O. Gay Hovatter was born in Tucker County, West Virginia in 1895. He
served the Auviltown and Parsons communities in Tucker County as a merchant for twenty-five
years and opened the state liquor store in Parsons, managing it until 1943; and
Whereas, Sheriff O. Gay Hovatter was an outstanding organizer and citizen in the
community, serving in the United States Army during World War I in the field artillery. He was a
commander of the American Legion Cheat Valley Post 101 and was the first commander and
organizer of the General Garnett Post 4322 of the Veterans of Foreign Wars. He was a member of
the Pythagoras Lodge No. 128, Ancient Free and Accepted Masons, Order of Eastern Star No. 91
and Independent Order of Odd Fellows, Parsons Lodge No. 99; and
Whereas, Sheriff O. Gay Hovatter was elected Sheriff of Tucker County in 1944. He was
killed in the line of duty on September 9, 1946, along with Sergeant Horne of the West Virginia State
Police while attempting to arrest one Mark McCauley in Mineral County for stealing a truck.
McCauley shot both officers with a .38 revolver. Sergeant Horne died within ten minutes. Sheriff
O. Gay Hovatter died en route to the hospital. McCauley was captured the next day and was
subsequently convicted of the murder of the two officers. He then had the dubious distinction of
being the last person hanged at the West Virginia Penitentiary prior to the introduction of the electric
chair at that institution. Sheriff O. Gay Hovatter was one of three law-enforcement officers killed in the line of duty in Tucker County. He served his community, state and country with distinction,
making the supreme sacrifice as the chief law-enforcement officer of his home county. The Parsons
City Council believes that it is fit and proper to honor the achievements and sacrifice of Sheriff O.
Gay Hovatter by naming a new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 47-219-8.25
crossing the Shavers Fork River in the city limits of Parsons in Tucker County, West Virginia,
"Sheriff O. Gay Hovatter Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Sheriff O. Gay Hovatter Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to
the Commissioner of the Division of Highways and the Parsons City Council.
Resolutions Introduced
Delegates T. Walker, Doyle and Lawrence offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 16 - "Requesting the bridge known as Flowing Spring Road CR 17 over Route 9
in Jefferson County, West Virginia, near Charles Town, specifically bridge number 19-17-0.73 be
named the 'Arsenio Albert Alvarez Memorial Bridge'."
Whereas, Arsenio Albert Alvarez was born in Cuba and was a horse trainer in Jefferson
County who distinguished himself in international horse racing starting in 1937. His best racing records were made in Cuba. While he and his family lived and worked in Jefferson County
beginning in 1944, race charts indicate that he was racing horses at the Charles Town Racetrack as
early as 1937; and
Whereas, Arsenio Albert Alvarez started horse racing around 1937 at Wheeling Downs
while he was living in Weirton, West Virginia. In 1938 he was the first Spanish-Hispanic
owner/trainer living in West Virginia to win a race in the United States, Canada and Cuba with the
same horse. In 1947, he was the first Spanish-Hispanic trainer from West Virginia to win four
consecutive, international races within one month with the same horse in Cuba. He moved his racing
operations and family to Jefferson County in 1944 to race horses at the Charles Town Racetrack; and
Whereas, Arsenio Albert Alvarez served his community, state and country with distinction;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge known as Flowing
Spring Road CR 17 over Route 9 in Jefferson County, West Virginia, near Charles Town,
specifically bridge number 19-17-0.73 be named the "Arsenio Albert Alvarez Memorial Bridge";
and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Arsenio Albert Alvarez Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the Commissioner of the Division of Highways and the family of Arsenio Albert Alvarez.
Delegate Pethtel offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 17 - "Requesting the Division of Highways to name bridge number 52-20/14-0.80
on Main Street in Pine Grove, Wetzel County, the 'Freda Bell Bridge'."
Whereas, Freda Bell was born and raised in Pine Grove, West Virginia and graduated from
Pine Grove High School in 1936; and
Whereas, Freda married Angell Bell in 1940 and they moved to Cleveland, Ohio during
World War II, where they worked in a munitions plant for the federal government; and
Whereas, After returning from Cleveland after the war, Freda and Angel built and began
operating Bell's Grocery in 1948. The building still stands today and is operated as a restaurant at
the end of the Main Street bridge in Pine Grove; and
Whereas, Freda and Angell had two children, Jane and John, both of whom graduated from
West Virginia University; and
Whereas, While her children were in local public schools, Freda became an active member
of the PTA, a band patron, 4-H leader and an active supporter of the local FFA, where she was given
an honorary membership plaque; and
Whereas, Freda was active in other civic affairs too, as she served on the Pine Grove town
council for many years, was a member of the Wetzel County Democrat Committee, the Wetzel
County Hospital Board, the 911 Emergency Services Board, the Wetzel County Democratic Women
Society, and a member of the American Legion Auxiliary since 1945; and
Whereas, Freda is a passionate and active advocate for women in politics, and during the
2008 presidential campaign Freda traveled, at the tender age of 90, to Fairmont, West Virginia to hear Hillary Clinton speak; and
Whereas, It is only fitting and proper that Freda Bell's many good deeds and a life-time of
service to the community of Pine Grove and to Wetzel County be remembered and acknowledged;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 52-20/14-0.80 on
Main Street in Pine Grove, Wetzel County, the "Freda Bell Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "Freda Bell Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the family of Freda Bell and the Secretary of the Department of Transportation.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Lane, Sobonya, C. Miller, J. Miller, Blair, Cowles and Shott:
H. J. R. 102 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, Article X thereof, relating to changing the homestead exemption, for
citizens of this state who are sixty-five years of age or older or are permanently and totally disabled,
from exempting the first $20,000 of assessed valuation of any real property to exempting the first
fifty percent of the average sale of real property in the county over the five years preceding the
assessment, and providing a summarized statement of the purpose of such proposed amendment, and
amending Article X by adding thereto a new section, designated section one-d, relating to
authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; 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 Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4224 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to best management practices for land application of waste products from
aquaculture facilities"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
H. B. 4225 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate
a legislative rule relating to nonintoxicating beer licensing and operations procedures"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4226 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to oil and gas wells and other wells"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4227 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Directors of the West Virginia Health Insurance Plan
to promulgate a legislative rule relating to a premium subsidy"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4228 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Directors of the West Virginia Health Insurance Plan
to promulgate a legislative rule relating to a pre-existing conditions exclusion"; to the Committee
on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4229 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to out-of-school-time child care center licensing requirements";
to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4230 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to variable life insurance"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4231 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to annuity disclosure"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4232 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to Medicare supplement insurance"; to the Committee on Banking and Insurance then
the Judiciary.
By Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4233 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to coordination of health benefits"; to the Committee on Banking and Insurance then
the Judiciary.
By Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4234 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to the preventive care pilot program"; to the Committee on Banking and Insurance then
the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:
H. B. 4235 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Lottery Commission to promulgate a legislative rule
relating to limited gaming facilities"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4236 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Psychologists to promulgate a legislative rule relating to qualifications for licensure as a psychologist or a school psychologist"; to the Committee
on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4237 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Police to promulgate a legislative rule relating
to the West Virginia State Police Career Progression System"; to the Committee on Veterans' Affairs
and Homeland Security then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4238 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Police to promulgate a legislative rule relating
to the carrying of handguns by retired or medically discharged members"; to the Committee on
Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4239 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule
relating to the film industry investment tax credit"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4240 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule
relating to the Corporation Net Income Tax"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:
H. B. 4241 - "A Bill to amend and reenact §15-2-25 of the Code of West Virginia, 1931, as amended, relating to denial of request to carry handgun by retired trooper living outside of West
Virginia"; to the Committee on the Judiciary.
By Delegate Lane:
H. B. 4242 - "A Bill to amend and reenact §5-3-2 of the Code of West Virginia, 1931, as
amended, relating to assignment of cases to private attorneys by bid; requiring that the Joint
Committee on Government and Finance approve any proposed settlement involving the Office of
the Attorney General; and, providing that any proceeds received in any civil action involving the
Office of the Attorney General be deposited in the general revenue fund to be appropriated by the
Legislature"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Eldridge and Hatfield:
H. B. 4243 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-25G-1, §33-25G-2, §33-25G-3, §33-25G-4, §33-25G-5, §33-
25G-6, §33-25G-7, §33-25G-8, §33-25G-9, §33-25G-10, §33-25G-11, §33-25G-12, §33-25G-13 and
§33-25G-14, all relating to pharmacy benefit managers; requiring licensure, providing requirements
for license application; defining terms; requiring certain disclosures; establishing fees; requiring
retention of records; providing for annual statement; authorizing access to records; establishing
special revenue account; requiring certain information be maintained as confidential; establishing
criminal and civil penalties for violations; authorizing proposal of rules; requiring annual report to
the Legislature and Governor; and setting effective date"; to the Committee on Health and Human
Resources then Finance.
By Delegates Reynolds, Manypenny, Lawrence, Phillips and Wells:
H. B. 4244 - "A Bill to amend and reenact §30-18-11 of the Code of West Virginia, 1931, as amended, relating to penalties for violations of private investigative and security services
regulations"; to the Committee on the Judiciary.
By Delegates Wells, Reynolds, Manypenny, Lawrence and Phillips:
H. B. 4245 - "A Bill to amend and reenact §18-5-1a of the Code of West Virginia, 1931, as
amended, relating to eligibility of members and training requirements"; to the Committee on
Government Organization.
By Delegates Manypenny, Marshall, Mahan, Guthrie, Moore, Susman, Wooton,
Martin, Brown, Fleischauer and Talbott:
H. B. 4246 - "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 a tax
incentive for plug-in electric drive motor vehicles; defining terms; specifying initial availability of
the credit and duration of the credit; providing eligibility for the credit; providing calculation of the
amount of the credit; and updating language to apply only to plug-in electric drive motor vehicles";
to the Committee on Roads and Transportation then Finance.
By Delegates Frazier, Marshall, Poore, Swartzmiller and Ferro:
H. B. 4247 - "A Bill to amend and reenact §3-4A-17 of the Code of West Virginia, 1931,
as amended, relating to providing counties the discretion to accompany an electronic poll book with
a printed poll book"; to the Committee on the Judiciary.
By Delegates Wells, Reynolds, Manypenny and Lawrence:
H. B. 4248 - "A Bill to amend and reenact §29-19-2, §29-19-5 and §29-19-6 of the Code of
West Virginia, 1931, as amended, all relating to the solicitation of charitable funds; defining the term
'audit'"; and raising the threshold for exemption from filing audits and registering"; to the Committee on the Judiciary.
By Delegates Manypenny, Marshall, Fleischauer, Swartzmiller, Martin, Barker,
Longstreth and Klempa:
H. B. 4249 - "A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931,
as amended, relating to the powers and duties of the West Virginia Commissioner of Highways; and
authorizing the commissioner to use recycled materials in construction or maintenance of roads and
highways"; to the Committee on Roads and Transportation then Finance.
By Delegates Brown, Doyle, Shook, Hutchins, Talbott, Moore, Manypenny and
Fleischauer:
H. B. 4250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-
5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA-
12, §11-13AA-13, §11-13AA-14 and §11-13AA-15, all relating to authorizing a tax credit against
business franchise tax, corporate net income tax or personal income tax for eligible expenditures
incurred in placing in service a residential or nonresidential energy efficient building"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.
Local Calendar
First Reading
Com. Sub. for H. B. 4039, Increasing the number of persons that may be appointed to the Marshall County Park and Recreation Board; on first reading, coming up in regular order, was read
a first time and ordered to second reading.
Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken
(Roll No. 11), and there were--yeas 86, nays
none, absent and not voting 14, with the absent and not voting being as follows:
Absent and Not Voting: Cann, Carmichael, Crosier, Doyle, Ennis, Evans, Longstreth,
Mahan, Manchin, Michael, Schadler, Shook, Swartzmiller and Wooton.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 12),
and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting
being as follows:
Nays: McGeehan.
Absent and Not Voting: Cann, Carmichael, Crosier, Doyle, Ennis, Evans, Longstreth,
Mahan, Manchin, Michael, Schadler, Shook, Swartzmiller and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4039) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 13), and there were--yeas 85, nays 1, absent and not voting 14, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent and Not Voting: Cann, Carmichael, Crosier, Doyle, Ennis, Evans, Longstreth,
Mahan, Manchin, Michael, Schadler, Shook, Swartzmiller and Wooton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4039) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
House Calendar
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical
precursors of methamphetamine,
Com. Sub. for H. B. 4018, Establishing that possession of a mixture or preparation intended
for human consumption containing salvia divinorum is unlawful,
And,
Com. Sub. for H. B. 4139, Relating to professional licensing boards.
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. 2561, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal,
And,
H. B. 2612, Increasing penalties for failing to report child abuse.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Cann, Carmichael, Crosier, Doyle, Ennis, Evans, Longstreth, Mahan,
Manchin, Michael, Schadler, Shook, Swartzmiller and Wooton.
At 11:26 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 1,
2010.