hdj2010-02-04-22
__________*__________
Wednesday, February 3, 2010
TWENTY-SECOND 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 Tuesday, February 2, 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 introducing resolutions.
Resolutions Introduced
Delegates McGeehan, Carmichael, Blair, Walters, Perdue and Reynolds offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Urging our congressional delegation to introduce and support legislation that
would permit an audit of the Federal Reserve System."
Whereas, The Federal Reserve, the unelected central bank of the United States, enjoys a
monopoly over the flow of our nation's money and credit but has never been completely transparent
and accountable to Congress since its creation in 1913; and
Whereas, Over it's nearly one hundred year history, the Federal Reserve has presided over
the near-complete destruction of the United States dollar which, since 1913, has lost over ninety-five
percent of its purchasing power; and
Whereas, During the current economic crisis, Congress, the Treasury, and the Federal
Reserve have placed an additional $12 trillion in bailouts and loans on the backs of the American
taxpayer in addition to our almost $12 trillion national debt; and
Whereas, Testifying before Congress, Federal Reserve Chairman Ben Bernanke has refused
to disclose which institutions have received trillions of dollars in these bailouts and loans or to give
our representatives details about what deals are being made with foreign banks; and
Whereas, The current audits by outside agencies of the Federal Reserve are not thorough
and do not include monetary policy decisions or agreements with foreign central banks and
governments; and
Whereas, The crucial issue of Federal Reserve transparency requires an analysis of 31 USC
714, the section of US Code which establishes that the Federal Reserve may be audited by the
Government Accountability Office (GAO), but which simultaneously severely restricts what the
GAO may in fact audit; and
Whereas, The most important matters, which directly affect the strength of the dollar and
the health of the financial system, are immune from oversight; therefore, be it
Resolved by the Legislature of West Virginia:
That our State's Congressional Delegation is urged to support HR 1207 The Federal Reserve
Transparency Act, and S 604, The Federal Reserve Sunshine Act, which would eliminate these
restrictions from US Code and mandate a GAO audit of the Federal Reserve to be completed by the
end of 2010, finally delivering answers to the American people about how our money is being spent;
and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the members of the West Virginia Congressional Delegation.
Delegate Louisos offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. C. R. 27 - "Requesting the Division of Highways to name the bridge in Fayette County
on County Route 21/18 and crossing State Route 19 North, bridge number 10-21/18-0.94, as the
'Sergeant Shirley W. O'Boyle Memorial Bridge'."
Whereas, Sergeant Shirley W. O'Boyle was born on July 11, 1944, in Lochgelly, a son of
Franklin and Myrtle E. O'Boyle; and
Whereas, Sergeant O'Boyle grew up in Fayette County and attended Oak Hill High School;
and
Whereas, Sergeant O'Boyle joined the United States Army in Beckley and after four years
of service attained the rank of Staff Sergeant; and
Whereas, Sergeant O'Boyle received the following awards and decorations: Bronze Star
Medal, National Defense Service Medal, Vietnam Service Medal with two Bronze Service Stars,
Combat Infantry Badge 1
st Award, Expert Infantry Badge, Expert Badge with Mortar Bar and Rifle
Bar, Parachutist Badge and Korea Defense Service Medal; and
Whereas, Sergeant O'Boyle died in service to his country in Vietnam on March 25, 1966,
at the age of twenty-one and is buried in the Arlington National Cemetery; and
Whereas, It is fitting to honor Sergeant O'Boyle for his service to his community, his state
and giving the ultimate sacrifice to his country by renaming the bridge on County Route 21/18 and
crossing State Route 19 North, bridge number 10-21/ 18-0.94, as the "Sergeant Shirley W. O'Boyle
Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to rename the bridge in
Fayette County on County Route 21/18 and crossing State Route 19 North, bridge number 10-21/18-
0.94, as the "Sergeant Shirley W. O'Boyle Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Sergeant Shirley W. O'Boyle Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Secretary of the Department of Transportation and to Sergeant O'Boyle's surviving brothers
and sisters, including Sadie R. O'Boyle Handyside, Shelby O'Boyle Hensley, Franklin L. O'Boyle
and John O'Boyle.
Delegates
Williams, Varner, Mr. Speaker, Mr. Thompson, Beach, Fleischauer, Shaver
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 28 - "Requesting the bridge in Bruceton Mills crossing I-68 at the Bruceton Mills
exit, mile marker 23, in Preston County, West Virginia, specifically bridge number 39-73/11-
0.04(2835), be named the 'Trooper First Class James Thomas Brammer Memorial Bridge'."
Whereas, Trooper First Class James Thomas Brammer was born April 13, 1947, in South
Charleston, Kanawha County, West Virginia. He was a member of the West Virginia State Police
from February, 1973 until April, 1989 and his untimely death in the line of duty on April 15, 1989,
when he and Trooper Ronald Hicks were attempting to serve a warrant near Terra Alta in Preston
County. Trooper First Class James Thomas Brammer was shot in the head and died instantly; and
Whereas, Trooper First Class James Thomas Brammer died leaving his wife, Bonnie
Holliday Brammer, whom he married on May 29, 1971, a son Michael who was fifteen years old,
a daughter Mary Beth, who was eight years of age, a brother Robert and his now deceased parents
Harry and Mary Brammer. He had served in the United States Army, the West Virginia State Police
for sixteen years, and was an expert sharpshooter. Trooper First Class James Thomas Brammer was
a member of Sugar Valley Methodist Church and was awarded the American Police Hall of Fame
Medal of Honor, West Virginia State Police Medal of Valor, West Virginia Chiefs of Police
Association Police Cross and was honored by the FBI Fallen West Virginia Law Enforcement May
5, 2005. He was a member of Fraternal Order of Police Lodge 87, and the Masonic Lodge of
Kingwood, West Virginia, and always had time to help the citizens of his community. Trooper First Class James Thomas Brammer served his community, state and country with honor and distinction
giving his life in the line of duty; and
Whereas, It is proper to honor the service, dedication and sacrifice of Trooper First Class
James Thomas Brammer by naming a 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 39-73/11-
0.04(2835) in Bruceton Mills crossing I-68 at the Bruceton Mills exit, mile marker 23 in Preston
County, West Virginia, the "Trooper First Class James Thomas Brammer 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 "Trooper First Class James Thomas
Brammer Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the surviving family of Trooper
First Class James Thomas Brammer.
Delegates Barker, Stowers, Eldridge, Rodighiero and Butcher offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the Division of Highways to name Route 3 between Drawdy
Mountain to Peytona, West Virginia, the 'Sgt. Chester A. Mollett Memorial Highway'."
Whereas, Chester A. Mollett was born on Drawdy Mountain in Peytona, West Virginia on
July 27, 1943; and
Whereas, Chester Mollett attended Peytona Grade School before moving onto and
graduating from Sherman High School in 1962; and
Whereas, Chester Mollett joined the U.S. Army shortly after graduating from high school;
and
Whereas, Chester Mollett served in the Army for four years, during which time, he was a
member of the 101
st Airborne; and
Whereas, Chester Mollett was discharged from the Army, he joined the U.S. Marines and
was sent to Parris Island for training and then was sent to Vietnam; and
Whereas, Chester Mollett served one tour of duty in Vietnam and came back to the U.S. to
take additional training and returned to Vietnam in April, 1969 as a member of the 3
rd Force Recon
Company; and
Whereas, Chester Mollett was wounded on what was to have been his last recon mission
before being discharged; and
Whereas, Chester Mollett died ten days later on February 16, 1970, aboard the hospital ship,
the USS Sanctuary; and
Whereas, Chester Mollett was posthumously awarded the "Silver Star", the third highest
military honor, for bravery during combat and unwavering devotion to duty in the face of great
personal danger; and
Whereas, Chester Mollett was buried at the Drawdy Cemetery on February 28, 1970, with
military rites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name Route 3 between Drawdy
Mountain and Peytona, WV the "Sgt. Chester A. Mollett Memorial Highway"; and, be it
Further Resolved, That the Legislature hereby requests the Division of Highways to have
made and be placed signs identifying Route 3 between Drawdy Mountain and Peytona in Boone
County, West Virginia the "Sgt. Chester A. Mollett Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to the family of Chester A.
Mollett.
Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting the Division of Highways name the B&O overpass bridge number
52-7-33.52 on State Route 7 in Hundred, Wetzel County, West Virginia the 'Chief Warrant Officer
John Michael Hohman Memorial Bridge'."
Whereas, John Michael Hohman was born on January 29, 1949, the son of Mr. and Mrs.
Louis Hohman; and
Whereas, John Michael Hohman graduated from Hundred High School on June 2, 1965;
and
Whereas, Chief Warrant Officer John Michael Hohman served in Vietnam in the United
States Army 25th Infantry Division, 4th Cavalry, 3rd Squadron, D Troop; and
Whereas, Chief Warrant Officer John Michael Hohman was on his second tour of duty in
Vietnam when his helicopter was shot down and he was killed in action on May 31, 1969; and
Whereas, On that fateful day in 1969, Chief Warrant Officer John Michael Hohman gave
his last full measure of devotion to his country and to his comrades-in-arms; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it
henceforth stand as a permanent memorial so that Chief Warrant Officer John Michael Hohman's
supreme sacrifice will not be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the B&O overpass bridge number 52-7-33.52 on State
Route 7 in Hundred, Wetzel County, West Virginia the "Chief Warrant Officer John Michael
Hohman 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 "Chief Warrant Officer John Michael Hohman Memorial Bridge"
with a designation that Chief Warrant Officer John Michael Hohman served in the Vietnam War;
and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of John Michael Hohman and the Secretary of the Department of
Transportation.
Mr. Speaker, Mr. Thompson, and Delegates Ashley, Barker, Beach, Boggs, Brown, Butcher,
Campbell, Caputo, Craig, Crosier, Doyle, Eldridge, Ennis, Ferro, Fleischauer, Fragale, Frazier,
Givens, Guthrie, Hall, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Kominar, Longstreth,
Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, Miley, Moore, Morgan, Moye, Paxton,
Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Ross, Shaver,
Skaff, Smith, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Talbott, Varner, D. Walker,
T. Walker, Wells, White and Williams offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H C. R. 31 - "Expressing the will of the Legislature in supporting the legislation enacted by
Congress in May of 2009 called the Credit Card Act of 2009 and supporting further measures that
encourage stronger consumer protection against credit card companies, and requesting that West
Virginia's Congressional Delegation also support stronger consumer protection policies."
Whereas, The passage of the Credit Card Act of 2009 will have serious financial benefits
for the citizens of West Virginia and all citizens across the Nation; and
Whereas, The protections established in the Credit Card Act of 2009 started to be phased
in over fifteen months since August of 2009, with additional protections going into effect February
22, 2010; and
Whereas, The Act limits when credit card interest rates can be increased on existing
balances, there will be no interest rate increases in most cases for the first year that any account is
open, payments are to be due on the same date each month, issuers cannot in most cases raise the rate
on existing balances only on new charges, allows consumers whose interest rates have been
increased to reduce their annual percentage rates to previous levels if they have paid their bills on
time for six months, and bans double-cycle billing which is the practice of basing finance charges
on the current and previous balance even though part of the debt was paid in the previous month, among other benefits; and
Whereas, This legislation was a great first step in consumer protection for the citizens of
West Virginia and the United States but does not go as far as placing a cap on interest rates or fees;
and
Whereas, Credit card companies are beginning to create new fees, such as inactivity fees,
or charging annual fees on existing credit card accounts to counter the protections that have been put
into effect by the Credit Card Act of 2009; and
Whereas, West Virginia's Congressional Delegation must work to ensure that the financial
security of West Virginia's citizens are safeguarded from unfair business practices not only during
tough economic conditions but at all times; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia supports the Credit Card Act of 2009 as it provides
protections to our citizens from high interest rates, unpredicted rate hikes, odd billing practices, and
outrageous fees; and, be it
Further Resolved, That the Legislature of West Virginia supports further measures that
encourage consumer protection from credit card companies such as a cap on interest rates and fees,
among other protections; and, be it
Further Resolved, That the Legislature of West Virginia requests that West Virginia's
congressional delegation support similar and stronger legislation to protect the citizens in our state;
and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to United States Senators Robert C. Byrd and John D. Rockefeller, IV and Representatives
Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
Mr. Speaker, Mr. Thompson, and Delegates Anderson, Ashley, Azinger, Barker, Beach,
Boggs, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier,
Duke, Eldridge, Ellem, Ennis, Ferro, Fleischauer, Fragale, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Klempa, Kominar, Lawrence, Longstreth, Louisos, Manchin,
Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Paxton,
Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Porter, Reynolds, Rodighiero, Romine,
Ross, Rowan, Schadler, Shaver, Shott, Smith, Sobonya. Spencer, Staggers, Stephens, Stowers,
Sumner, Susman, Swartzmiller, Talbott, D. Walker, T. Walker, Wells, White and Williams offered
the following resolution, which was read by the Clerk as follows:
H. R. 13 - "Designating February 3, 2010 as 'Professional Social Work Day'."
Whereas, Social workers are dedicated to the successful functioning of American Society;
and
Whereas, Social workers inspire community action that improves life for all people; and
Whereas, Social workers have the right education and experience to guide individuals,
families, and communities through complex issues and choices; and
Whereas, Social workers stand up for others to make sure everyone has access to the same
basic rights, protections, and opportunities; and
Whereas, Social workers have been the driving force behind important social movements
in the United States; and
Whereas, Social workers help resolve systemic issues that negatively affect community life;
and
Whereas, Social workers believe there are no limits to human potential; and
Whereas, Social workers work through private practices, agencies and organizations,
hospitals, the military, government, and educational institutions to provide resources and guidance
that support social functioning; and
Whereas, Social workers are on the front-lines, responding to such human needs as
homelessness, poverty, family breakup, mental illness, physical and mental disability, substance
abuse, domestic violence and many other issues; and
Whereas, Social workers make a wide range of social contributions throughout their careers; and
Whereas, A social work career is one filled with purpose and possibilities; and
Whereas, Social workers help millions of Americans lead more rewarding lives; therefore,
be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 3, 2010, as "Professional Social
Work Day": and, be it
Further Resolved, That the House of Delegates recognizes the professional social workers
and their commitment and dedication to individuals, families, and communities everywhere through
service delivery, research, education and advocacy; and, be it
Further Resolved, That the House of Delegates calls upon all citizens to join with the
National Association of Social Workers, West Virginia Chapter in celebration and support of social
workers and the social work profession; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the appropriate organizations.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 13) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Mr. Speaker, Mr. Thompson, and Delegates Barker, Beach, Boggs, Brown, Butcher,
Campbell, Cann, Caputo, Craig, Crosier, Ennis, Ferro, Fleischauer, Fragale, Frazier, Givens, Hall,
Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Kominar, Longstreth, Mahan, Manchin, Manypenny,
Marshall, Martin, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling,
M. Poling, Reynolds, Rodighiero, Ross, Shaver, Skaff, Smith, Spencer, Staggers, Susman, Talbott,
Varner, D. Walker, T. Walker, Wells, White, Williams, Anderson, Andes, Armstead, Ashley,
Azinger, Blair, Border, Canterbury, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane,
McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Shott, Sobonya and Sumner offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. R. 14 - "Creating a Select Committee on Coal Mining Permits."
Resolved by the House of Delegates:
That for the remainder of the 79th Legislature, there is hereby created a Select Committee
on Coal Mining Permits, consisting of not more than five members of the House of Delegates, to be
appointed by the Speaker. Notwithstanding the provisions of any House Rule to the contrary, the
Select Committee hereby created shall receive testimony, consider legislation, and recommend action
to the Speaker of the House relating to all issues relevant to the processes and procedures of the
United States Environmental Protection Agency, the United States Army Corps of Engineers, the
United States Department of the Interior's Office of Surface Mining and any other federal agency
that has authority or involvement in the issuance of coal mining permits in West Virginia as well as
the West Virginia Department of Environmental Protection as it relates to obtaining coal mining
permits, including, but not limited to, ascertaining the status of all coal mining permits that are
pending issuance in West Virginia and the role each agency has in the issuance of those permits,
obtaining specific timetables for the issuance of coal mining permits in West Virginia, achieving
consistency and uniformity throughout the permitting process, recommending those projects and
sectors that provide the best opportunity for long term job creation and economic growth with
obtaining these coal mining permits
; and, be it
Further Resolved, That the rules of the House governing Standing Committees shall govern
the actions and proceedings of this Select Committee insofar as applicable.
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. 4140, Relating to the board of physical therapy,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4140 - "A Bill to repeal §30-20-8a of the Code of West Virginia, 1931,
as amended; to amend and reenact §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6,
§30-20-7, §30-20-8, §30-20-9, §30-20-10, §30-20-11, §30-20-12, §30-20-13, §30-20-14 and §30-20-
15; and to amend said code by adding thereto five new sections, designated §30-20-16, §30-20-17,
§30-20-18, §30-20-19 and §30-20-20, all relating to the Board of Physical Therapy; prohibiting the
practice of physical therapy without a license; providing other applicable sections; providing
definitions; providing for board composition; setting forth the powers and duties of the board;
clarifying rulemaking authority; continuing a special revenue account; establishing license
requirements; providing for licensure for persons licensed in another state; establishing renewal
requirements; providing permit requirements; requiring display of license; setting forth grounds for
disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation
of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing criminal penalties and providing that
a single act is evidence of practice,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4166, Expanding the age for firefighters over thirty-five years of age for persons
already employed by another paid fire department,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4166 - "A Bill to amend and reenact §8-15-17 of the Code of West
Virginia, 1931, as amended, relating to firefighter transfers of employment to other fire
departments,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4167, Creating a special revenue fund, known as the Department of Health and Human
Resources Safety and Treatment Fund,
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. 4167) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4143, Relating to emergency medical services,
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. 4143) was 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. 4068, Barbers and Cosmetologists, procedures, criteria and curricula,
H. B. 4070, Barbers and Cosmetologists, continuing education,
H. B. 4071, Barbers and Cosmetologists, hearing procedure,
H. B. 4072, Barbers and Cosmetologists, qualifications, training, examination and licensure
of instructors,
H. B. 4075, Barbers and Cosmetologists, schedule of fines,
And,
H. B. 4076, Barbers and Cosmetologists, disciplinary and complaint procedures,
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. 4068, H. B. 4070, H.
B. 4071, H. B. 4072, H. B. 4075 and H. B. 4076) 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. 4043, Barbers and Cosmetologists, schedule of fees,
H. B. 4055, Medicine, WV Board of, fees for services rendered,
H. B. 4060, Real Estate Appraiser Licensing and Certification Board, renewal,
And,
H. B. 4120, Real Estate Appraiser Licensing and Certification Board, requirements for
licensure,
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. 4043, H. B. 4055, H.
B. 4060 and H. B. 4120) were each referred to the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 215 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as
amended, relating to expanding certain crimes against governmental representatives and health care providers to include unlawful acts against volunteer firefighters, emergency medical technicians and
persons employed by or under contract with an emergency medical services provider"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 339 - "A Bill to amend and reenact §3-2-4a of the Code of West Virginia, 1931, as
amended, relating to statewide voter registration list maintenance; and making a technical correction
to that statute"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 388 - "A Bill to amend and reenact §8A-2-3 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8A-8-3 of said code, all relating to municipal planning
commissions and municipal boards of zoning appeals; and specifying the number of members by
municipal classifications"; which was referred to the Committee on Political Subdivisions then the
Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates M. Poling, Duke and Paxton:
H. B. 4306 - "A Bill to repeal §11-1C-5b and §18-9A-2 of the Code of West Virginia, 1931,
as amended; to amend and reenact §18-9A-2 and §18-9A-11 of said code; and to further amend said
code by adding thereto a new section, designated §18-9A-11a, all relating to public school support
computation of local share; removing provisions for using assumed assessed values for the purpose
of computation; removing provisions for increasing counties' local share responsibility for funding basic foundation education formula when property assessments are not at least fifty-four percent of
market value as indicated by assessment ratio study; conforming related provisions and deleting
expired provisions; making legislative findings with respect to the affect of under assessed property
values on school funding and the obligations of assessors and tax commissioner; providing for
benchmark assessment ratio study as indicator of percentage of assessments to market value;
requiring certain acts by commissioner and assessor to remedy under assessments; penalty for refusal
to make corrections"; to the Committee on Education then Finance.
By Delegates Doyle, Perdue, Brown, Fleischauer and Moore:
H. B. 4307 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-18-1, §11-18-2 and §11-18-3, all relating to imposing an excise
tax on grocery stores, drug stores and convenience stores equal to five cents for each plastic shopping
bag given to customers"; to the Committee on Finance.
By Delegate Louisos:
H. B. 4308 - "A Bill to amend and reenact §46A-2-122 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §46A-5-103 of said code, all relating to fraudulent, deceptive
or misleading representations by debt collectors; adding public agencies to the definition of 'debt
collector'; and increasing the criminal penalty for fraudulent, deceptive or misleading representations
by debt collectors"; to the Committee on the Judiciary.
By Delegate Michael:
H. B. 4309 - "A Bill to authorize the Town of Moorefield, the Hardy County Commission,
and Hardy County's largest corporate user of public wastewater facilities to construct and maintain
a state of the art regional wastewater treatment plant, transmission lines and collection facilities for
the purpose of collecting, transporting and treating the wastewater from the Town of Moorefield and
the unincorporated areas of Hardy County; authorizing the town, the county commission and Hardy
County's largest corporate user of public wastewater facilities to create the Moorefield/Hardy County
Wastewater Authority to assume ownership of the facilities; membership; powers and duties; board of directors; bylaws; rules; support, maintenance and operation; funds; and severability"; to the
Committee on Political Subdivisions then the Judiciary.
By Delegate Reynolds:
H. B. 4310 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §52-2-15, relating to members of the media not being compelled
to give testimony before a grand jury provided certain conditions are met"; to the Committee on the
Judiciary.
By Delegates White and Campbell
[By Request of the Department of Commerce]:
H. B. 4311 - "A Bill to amend and reenact §5B-1-1a of the Code of West Virginia, 1931, as
amended, relating to authorizing the Marketing and Communications office of the Department of
Commerce to promote and sell West Virginia related items, as well as sell advertising in its
publications, events or promotions"; to the Committee on Finance.
By Delegates White and Campbell
[By Request of the Tax and Revenue Department]:
H. B. 4312 - "A Bill to amend and reenact §11-10-18 of the Code of West Virginia, 1931,
as amended, relating to the Tax Procedure and Administration Act, specifying imposition of penalty
of five percent of the amount of tax, if the failure to file a tax return is for not more than one month";
to the Committee on Finance.
By Delegates Doyle, Campbell, Guthrie, Wells, Manchin, T. Walker, Longstreth,
Michael, Overington, Duke and Perdue:
H. B. 4313 - "A Bill to amend and reenact §3-8-2 of the Code of West Virginia, 1931, as
amended, relating to elections; and providing that parties advocating passage or defeat of a public
question by referendum vote are subject to reporting requirements of article eight, chapter three of
said code"; to the Committee on the Judiciary.
By Delegates White and Campbell
[By Request of the Tax and Revenue Department]:
H. B. 4314 - "A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931,
as amended, relating to establishing the valuation of motor vehicles and motorcycles for property tax
assessment purposes based on 'clean load' values for motor vehicles, 'clean trade-in' values for
motorcycles or alternative values"; to the Committee on the Judiciary then Finance.
By Delegate White and Campbell
[By Request of the Tax and Revenue Department]:
H. B. 4315 - "A Bill to amend and reenact §11-13Z-1, §11-13Z-2 and §11-13Z-3 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections,
designated §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10 and
§11-13Z-11, all relating to the tax credit for residential solar energy systems; identifying legislative
purpose, creating certain definitions, defining solar energy system; limiting amount of credit to a
maximum of $2,000, specifying application of credit and carryforward periods, establishing burden
of proof on taxpayer, requiring that written application for credit be filed with the Tax Commissioner
not later than specified date, allowing a penalty of fifty percent of credit for failure to make timely
application, establishing eligibility requirements for credit, disqualifying from credit taxpayer that
purchases solar energy systems from related persons, providing for credit recapture and imposition
of recapture tax if property disposed of in the first or succeeding tax year the system put into service,
authorizing promulgation of rules, specifying credit exclusion when other credits are applied, or
where federal grant or federal deduction applies, indicating nontransferability of credit, requiring Tax
Commissioner to undertake a solar energy tax credit review beginning in 2013 and report results to
the Governor, the President of the Senate and the Speaker of the House of Delegates, requiring
taxpayers to submit confidential data for inclusion in said review and report, and terminating the
solar energy tax credit in 2013"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.
By Delegates McGeehan, Crosier, Longstreth, Ross, Michael, Hunt, Hartman and Ireland:
H. B. 4316 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and §47-26-6,
all relating to creating the West Virginia Firearms Freedom Act exempting firearms, a firearm
accessory, or ammunition manufactured and retained in West Virginia, from Federal regulation
under the Commerce Clause of the Constitution of the United States; providing short title; legislative
declarations of authority; providing definitions; prohibitions; exceptions; and marketing of firearms";
to the Committee on the Judiciary.
By Delegate Rodighiero:
H. B. 4317 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-7; to amend said code by adding thereto a new section,
designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-
26v, all relating to providing cost-of-living adjustments for certain current and former public
employees generally; providing a $1,000 cost of living adjustment to be paid in full by June 30,
2010; providing for selection of payment date by State Auditor; requiring payment of the cost-of-
living adjustments upon authorization; providing for transfer and expenditure of funding
appropriated to State Budget Office to spending units and county boards of education for payment
of the cost-of-living adjustments; defining terms; providing for $1,000 cost-of-living adjustment to
certain retirees of the Public Employees Retirement System and the State Teachers Retirement
System by June 30, 2010; and providing for the pro rata distribution of the cost-of-living adjustment
to certain beneficiaries"; to the Committee on Pensions and Retirement then Finance.
By Delegates Moore, Walters, Reynolds and Azinger
[By Request of the Division of Banking]:
H. B. 4318 - "A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931,
as amended, relating to banking institutions; and the ability of employees of the Division of Banking
to obtain credit"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Morgan, Stephens, Ferro, Guthrie, Mahan and Barker
[By Request of the Secretary of State's Office]:
H. B. 4319 - "A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931,
as amended relating to publication of the State Register"; to the Committee on Government
Organization then Finance.
By Delegate Michael:
H. B. 4320 - "A Bill to amend and reenact §8A-2-3 of the Code of West Virginia, 1931, as
amended, relating to setting forth the number of members for a municipal planning commission for
Class IV municipalities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates White, Campbell, Martin and Michael:
H. B. 4321 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups
by the Public Employees Insurance Agency"; to the Committee on the Judiciary.
By Delegate Michael:
H. B. 4322 - "A Bill to amend and reenact §8A-8-3 of the Code of West Virginia, 1931, as
amended, relating to the required number of members for municipal boards of zoning appeals for
Class IV municipalities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Armstead, Lane and Walters:
H. B. 4323 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931,
as amended, relating to driving on roadways laned for traffic; prohibiting use of turning lanes for
through traffic under certain circumstances; providing criminal penalty"; to the Committee on Roads
and Transportation then the Judiciary.
By Delegates M. Poling, Perry, Duke, D. Walker, Smith, Rodighiero, Moye, Paxton,
Ireland, Stowers and Lawrence:
H. B. 4324 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931,
as amended, relating to extending the expiration date of employment of retired teachers beyond the post-retirement employment limit established by the Consolidated Public Retirement Board;
requiring additional information to be reported to Consolidated Public Retirement Board and State
Board of Education; and continuing reports to the Joint Committee on Government and Finance until
2013"; to the Committee on Education then Finance.
By Delegate D. Walker:
H. B. 4325 - "A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended;
to repeal §61-7-3, §61-7-5, §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and §61-7A-5 of
said code; to amend and reenact §8-12-5 and §8-12-5a of said code; to amend and reenact §20-1-2
of said code; to amend and reenact §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20-
2-42p and §20-2-46e of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; to
amend said code by adding thereto a new section, designated §27-5-6; to amend and reenact §44A-2-
6 of said code; and to amend and reenact §61-7-2, §61-7-4, §61-7-7 and §61-7-14 of said code, all
relating to the regulation of firearms and other deadly weapons; repealing authority of municipalities
to prohibit the carrying of certain weapons; clarifying that hunting statutes generally do not prohibit
the otherwise lawful carrying of handguns for self-defense purposes; exempting persons who are
licensed or otherwise authorized to lawfully carry concealed weapons from certain limitations on
how firearms may be carried or transported; providing additional lawful means for the transportation
of regulated firearms in or on vehicles and vessels; consolidating and clarifying certain penalty
provisions; requiring inclusion of notice of potential firearm disability in notices of guardianship
hearings; repealing requirement of license to carry a concealed weapon; modifying eligibility criteria
for license to carry concealed weapons and scope of license; conforming classes of persons
prohibited from possessing firearms to federal law; prohibiting certain individuals from carrying
concealed weapons; increasing penalty for possession of firearms and carrying concealed weapons
by prohibited persons; providing additional procedures for relief from disabilities; and defining
terms"; to the Committee on Natural Resources then the Judiciary.
By Delegates Fleischauer, Schadler, Azinger, Brown, Hamilton, Sobonya and Hatfield:
H. B. 4326 - "A Bill to amend and reenact §17C-5B-1 of the Code of West Virginia, 1931,
as amended, relating to requiring a preliminary breath analysis for the purpose of determining the
blood alcohol content of a surviving driver"; to the Committee on the Judiciary.
House Calendar
Third Reading
Com. Sub. for H. B. 4133, Clarifying the requirements to practice marriage and family
therapy; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 19),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: Argento, Campbell, Carmichael, Romine 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. 4133) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4142, Relating to the board of sanitarian; on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 20),
and there were--yeas 85, nays 10, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Armstead, Lane, Louisos, McGeehan, C. Miller, J. Miller, Porter, Sobonya, Sumner
and Walters.
Absent and Not Voting: Argento, Campbell, Carmichael, Romine and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4142) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
H. B. 4142 - "A Bill to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-
5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10, §30-17-11 §30-17-12, §30-17-13, §30-17-14,
and §30-17-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto five new sections, designated §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20,
all relating to the regulation of environmental health science; prohibiting the practice of
environmental health science without a license; prohibiting the practice of public health sanitation
without a certificate; providing definitions; renaming board of registration for sanitarians; revising
board composition; setting forth the powers and duties of the board; clarifying rule-making authority;
continuing a special revenue account; establishing license, permit and certificate requirements;
providing for exemptions from licensure; providing for licensure for persons licensed in another
state; establishing renewal requirements; requiring display of license; setting forth grounds for
disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation
of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing increased criminal penalties; providing
that a single act is evidence of practice; establishing fees; authorizing the board to set certain fees;
and establishing continuing education requirements."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4171, Relating to criminogenic risk and needs assessments; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 21),
and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Cowles and J. Miller.
Absent and Not Voting: Argento, Campbell, Carmichael, Romine and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4171) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
H. B. 4171 - "A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §62-12-13 of said code, all relating to criminogenic risk and
needs assessments; providing for the use of criminogenic risk and needs assessments in Division of
Corrections diagnosis and classification procedures; and providing for review of criminogenic risk
and needs assessments in Board of Parole determination procedures."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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:
Com. Sub. for 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,
Com. Sub. for H. B. 2663, Expanding the power of municipal parking authority officers.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Campbell, Carmichael, Romine and Wooton.
Miscellaneous Business
Delegate Perdue asked and obtained unanimous consent that the remarks of Delegate
Hamilton regarding substance abuse be printed in the Appendix to the Journal.
Delegate Mahan noted to the Clerk that she was absent when the votes were taken on Roll
Nos. 8 through 16, and that had she been present, she would have voted "Yea" thereon.
At 11:46 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 4,
2011.