hdj2010-03-05-52
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Friday, March 5, 2010
FIFTY-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 Thursday, March 4, 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 a resolution.
Resolutions Introduced
Delegates Anderson, Andes, Armstead, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, McGeehan, C. Miller, J. Miller, Overington,
Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters offered the
following resolution, which was read by the Clerk as follows:
H. R. 26 - "Celebrating the life and lamenting the death of Gene M. Ashley, former member
of the House of Delegates from the County of Roane, longtime community leader, loving father and
grandfather, devoted public servant, golf aficionado, and a great asset to his State and country."
Whereas, Gene M. Ashley was the oldest of six children born to the late Waitman T. and
Icie Carper Ashley on Election Day, November 3, 1920, in the small community of Amma in Roane
County, after his mother rode a horse sidesaddle nearly three miles to exercise her new civic
privilege of voting; and
Whereas, After graduating from Spencer High School and attending Morris Harvey College,
Gene enlisted in the United States Army and served from 1942 to 1945 in the 301
st Combat
Engineers Headquarter Service Company, 76
th Division, in World War II, serving in the European
Theatre of combat; and
Whereas, Upon returning to West Virginia after his military service, Gene met the love of
his life, Kathleen Harris, and they were married on Valentine's Day in 1947. From this union, two
children were born, a daughter, Mary Jo, in 1949, and a son, Bob, in 1953; and
Whereas, Gene Ashley was first elected to the House of Delegates representing Roane
County in 1960 and reelected in 1962, 1964, and 1966. Gene's other public service included two
terms as the Roane County Clerk; and
Whereas, Gene was a member of St. John's United Methodist Church and American Legion
Post 21. He was a 32
nd degree member of the Scottish Rite Bodies, a 50-year Master Mason of
Clendenin Lodge 126, and a member of Thelma Chapter 24, Order of the Eastern Star; and
Whereas, Gene loved the game of golf and following his retirement he played nearly every
day except on Sundays. Even a stroke in 2004 couldn't keep him off the course for long and with
assistance from his grandsons he still played a few holes from time to time; and
Whereas, Gene Ashley was a man of integrity, wit and humor who enjoyed his service to
his fellow West Virginians and inspired others to follow his example of honesty and public service;
and
Whereas, Gene M. Ashley entered eternal rest on May 12, 2009, at the age of 88 and his
passing should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the West Virginia House of Delegates hereby express their profound
sadness at the passing of Gene M. Ashley, community leader, loving father and grandfather, devoted
public servant, golf aficionado, and great asset to his state and country; and, be it
Further Resolved, That this House collectively celebrates, honors and remembers Gene
Ashley's commitment to public service and to the people of Roane County and the State of West
Virginia while solemnly noting his death; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to his wife, Kathleen Ashley, and his children, Mary Jo Ashley and Bob Ashley, and his
grandchildren, Benjamin Scott Ashley and Samuel David Ashley.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H.
R. 26) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 187), and there were--yeas
96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 26) adopted.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 61, Requesting a study of West Virginia's cemetery industry to determine whether
oversight and regulation are needed to protect the public,
H. C. R. 62, Requesting a study of the costs and benefits of the creation of an exemption for
social security benefits regarding personal income taxes,
H. C. R. 73, Requesting a study on the feasibility and potential effectiveness of a twenty-four
hour period of reflection before final signature of any agreement agreed upon in family law
mediation,
H. C. R. 74, Requesting a study of the use of independent third party peer review in the
informal dispute resolution process for nursing homes,
H. C. R. 77, Requesting the Joint Committee on Government and Finance to conduct a study
on the care and prevention of concussion injuries in sports regulated by the Secondary Schools,
H. C. R. 78, Requesting the Joint Committee on Government and Finance to conduct a study
on providing adequate time in the school day reserved for teacher planning and preparation,
S. C. R. 10, Requesting DOH name bridge on Coalfields Expressway, Raleigh County,
"Craig Dorsey II Memorial Bridge",
S. C. R. 11, Requesting DOH name bridge at Mercer's Bottom, Mason County, "Private First
Class Kenneth W. Bright Memorial Bridge",
S. C. R. 13, Requesting DOH name bridge in Big Chimney, Kanawha County, "Private First
Class Thomas Keith Coleman Memorial Bridge",
And,
S. C. R. 14, Requesting DOH name bridge in Scott Depot, Putnam County, "Trooper
William 'Bill' Phillips Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Special Calendar
Third Reading
Com. Sub. for S. B. 349, Requiring child care centers have written evacuation plans; 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. 188),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 349) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 514, Clarifying certain language in Controlled Substances Monitoring Act; 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. 189),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 514) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 543, Authorizing Energy and Water Savings Revolving Loan Fund
Program and PROMISE rules for Higher Education Policy Commission; 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. 190),
and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Andes, Lane, J. Miller, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 543) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 191), and there were--yeas 87, nays
9, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Lane, J. Miller, Porter, Schoen, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
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 S. B. 543) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 553, Extending time to purchase full service credit in Teachers' Defined Contribution
Retirement System; 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. 192),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 553) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 193), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 553) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 604, Extending mental hygiene procedures' sunset provision; on third reading, coming
up in regular order, was reported by the Clerk.
At the request of Delegate Boggs, and unanimous consent having been obtained, the rule was
suspended to permit the offering and consideration of an amendment on third reading.
On motion of Delegate Boggs, the bill was amended on page one, following the enacting
clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §27-5-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §27-7-1 of said code, be amended and reenacted, all to read as follows:
ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-11. Modified procedures for temporary compliance orders for certain medication
dependent persons with prior hospitalizations or convictions; to institute
modified mental hygiene procedures; procedures; forms.
(a) The Supreme Court of Appeals shall, in consultation with the Secretary of the Department
of Health and Human Resources and local mental health services consumers and providers,
implement in
at least four and no more than six judicial circuits, beginning on July 1, 2006, modified
mental hygiene procedures that are consistent with the requirements set forth in this section. The
judicial circuits selected for implementing the modified procedures shall be circuits in which the
Supreme Court of Appeals determines, after consultation with the Secretary of the Department of
Health and Human Resources and local mental health consumers and service providers, that adequate
resources will be available to implement the modified procedures. The Secretary of the Department
of Health and Human Resources, after consultation with the Supreme Court of Appeals and local
mental health services consumers and service providers, shall prescribe appropriate forms to
implement the modified procedures and shall annually prepare a report on the use of the modified
procedures and transmit the report to the Legislature on or before the last day of each calendar year.
The Supreme Court of Appeals may, after consultation with the Secretary of the Department of
Health and Human Resources and local mental health services consumers and providers during the
pilot program period, further modify any specific modified procedures that are implemented:
Provided, That the modified procedures must be consistent with the requirements of this chapter and this section. If the Secretary of the Department of Health and Human Resources determines that the
use of any modified procedure in one or more judicial circuits is placing an unacceptable additional
burden upon state mental health resources, the Supreme Court of Appeals shall, in consultation with
the secretary, modify the procedures used in such a fashion as will address the concerns of the
secretary, consistent with the requirements of this chapter. The provisions of this section and the
modified procedures thereby authorized shall cease to have any force and effect on
June 30, 2010
June 30, 2012, unless extended by an act of the Legislature prior to that date.
(b) (1) The modified procedures shall authorize that a verified petition seeking a treatment
compliance order may be filed by any person alleging:
(A) That an individual, on two or more occasions within a twenty-four month period prior
to the filing of the petition, as a result of mental illness, has been hospitalized pursuant to the
provisions of this chapter; or that the individual has been convicted of one or more crimes of
violence against the person within a twenty-four month period prior to the filing of the petition and
the individual's failure to take prescribed medication or follow another prescribed regimen to treat
a mental illness was a significant aggravating or contributing factor in the circumstances surrounding
the crime;
(B) That the individual's previous hospitalizations due to mental illness or the individual's
crime of violence occurred after or as a result of the individual's failure to take medication or other
treatment as prescribed by a physician to treat the individual?s mental illness; and
(C) That the individual, in the absence of a court order requiring him or her to take
medication or other treatment as prescribed, is unlikely to do so and that his or her failure to take
medication or follow other regimen or treatment as prescribed is likely to lead to further instances
in the reasonably near future in which the individual becomes likely to cause serious harm or commit
a crime of violence against the person.
(2) Upon the filing of a petition seeking a treatment compliance order and the petition's
review by a circuit judge or mental hygiene commissioner, counsel shall be appointed for the individual if the individual does not already have counsel and a copy of the petition and all
supporting evidence shall be furnished to the individual and their counsel. If the circuit judge or
mental hygiene commissioner determines on the basis of the petition that it is necessary to protect
the individual or to secure their examination, a detention order may be entered ordering that the
individual be taken into custody and examined by a psychiatrist or licensed psychologist. A hearing
on the allegations in the petition, which may be combined with a hearing on a probable cause petition
conducted pursuant to the provisions of section two of this article or a final commitment hearing
conducted pursuant to the provisions of section four of this article, shall be held before a circuit
judge or mental hygiene commissioner. If the individual is taken into custody and remains in custody
as a result of a detention order, the hearing shall be held within forty-eight hours of the time that the
individual is taken into custody.
(3) If the allegations in the petition seeking a treatment compliance order are proved by the
evidence adduced at the hearing, which must include expert testimony by a psychiatrist or licensed
psychologist, the circuit judge or mental hygiene commissioner may enter a treatment compliance
order for a period not to exceed six months upon making the following findings:
(A) That the individual is eighteen years of age or older;
(B) That on two or more occasions within a twenty-four month period prior to the filing of
the petition an individual, as a result of mental illness, has been hospitalized pursuant to the
provisions of this chapter; or that on at least one occasion within a twenty-four month period prior
to the filing of the petition has been convicted of a crime of violence against any person;
(C) That the individual's previous hospitalizations due to mental illness occurred as a result
of the individual's failure to take prescribed medication or follow a regimen or course of treatment
as prescribed by a physician or psychiatrist to treat the individual's mental illness; or that the
individual has been convicted for crimes of violence against any person and the individual's failure
to take medication or follow a prescribed regimen or course of treatment of the individual's mental
illness was a significant aggravating or contributing factor in the commission of the crime;
(D) That a psychiatrist or licensed psychologist who has personally examined the individual
within the preceding twenty-four months has issued a written opinion that the individual, without
the aid of the medication or other prescribed treatment, is likely to cause serious harm to himself or
herself or to others;
(E) That the individual, in the absence of a court order requiring him or her to take
medication or other treatment as prescribed, is unlikely to do so and that his or her failure to take
medication or other treatment as prescribed is likely to lead to further instances in the reasonably
near future in which the individual becomes likely to cause serious harm or commit a crime of
violence against any person;
(F) That, where necessary, a responsible entity or individual is available to assist and monitor
the individual's compliance with an order requiring the individual to take the medication or follow
other prescribed regimen or course of treatment;
(G) That the individual can obtain and take the prescribed medication or follow other
prescribed regimen or course of treatment without undue financial or other hardship; and
(H) That, if necessary, a medical provider is available to assess the individual within forty-
eight hours of the entry of the treatment compliance order.
(4) The order may require an individual to take medication and treatment as prescribed and
if appropriate to attend scheduled medication and treatment-related appointments:
Provided, That
a treatment compliance order shall be subject to termination or modification by a circuit judge or
mental hygiene commissioner if a petition is filed seeking termination or modification of the order
and it is shown in a hearing on the petition that there has been a material change in the circumstances
that led to the entry of the original order that justifies the order's modification or termination:
Provided, however, That a treatment compliance order may be extended by a circuit judge or mental
hygiene commissioner for additional periods of time not to exceed six months, upon the filing of a
petition seeking an extension and after a hearing on the petition or upon the agreement of the
individual.
(5)(A) After the entry of a treatment compliance order in accordance with the provisions of
subdivisions (3) and (4), subsection (b) of this section, if a verified petition is filed alleging that an
individual has not complied with the terms of a medication and treatment compliance order and if
a circuit judge or mental hygiene commissioner determines from the petition and any supporting
evidence that there is probable cause to believe that the allegations in the petition are true, counsel
shall be appointed for the individual and a copy of the petition and all supporting evidence shall be
furnished to the individual and his or her counsel. If the circuit judge or mental hygiene
commissioner considers it necessary to protect the individual or to secure his or her examination, a
detention order may be entered to require that the individual be examined by a psychiatrist or
psychologist. A hearing on the allegations in the petition, which may be combined with a hearing
on a probable cause petition conducted pursuant to section two of this article or a final commitment
hearing conducted pursuant to section four of this article, shall be held before a circuit judge or
mental hygiene commissioner. If the individual is taken and remains in custody as a result of a
detention order, the hearing shall be held within forty-eight hours of the time that the individual is
taken into custody.
(B) At a hearing on any petition filed pursuant to the provisions of paragraph (A), subdivision
(5), subsection (b) of this section, the circuit judge or mental hygiene commissioner shall determine
whether the individual has complied with the terms of the medication and treatment compliance
order. If the individual has complied with the order, the petition shall be dismissed:
Provided, That
if the evidence presented to the circuit judge or mental hygiene commissioner shows that the
individual has complied with the terms of the existing order, but the individual's prescribed
medication, dosage or course of treatment needs to be modified, then the newly modified medication
and treatment prescribed by a psychiatrist who personally examined the individual may be properly
incorporated into a modified order. If the order has not been complied with, the circuit judge or
mental hygiene commissioner, after inquiring into the reasons for noncompliance and whether any
aspects of the order should be modified, may continue the individual upon the terms of the original order and direct the individual to comply with the order or may modify the order in light of the
evidence presented at the hearing. If the evidence shows that the individual at the time of the hearing
is likely to cause serious harm to himself, herself or others as a result of the individual's mental
illness, the circuit judge or mental hygiene commissioner may convert the proceeding into a probable
cause proceeding and enter a probable cause order directing the involuntary admission of the
individual to a mental health facility for examination and treatment:
Provided, however, That all
applicable due process and hearing requirements of contained in sections two and three of this article
have been fully satisfied.
(c)(1) The modified procedures may authorize that upon the certification of a qualified
mental health professional, as described in subdivision (2) of this subsection, that there is probable
cause to believe that an individual who has been hospitalized two or more times in the previous
twenty-four months because of mental illness is likely to cause serious harm to himself, herself or
to others as a result of the mental illness if not immediately restrained and that the best interests of
the individual would be served by immediate hospitalization, a circuit judge, mental hygiene
commissioner or designated magistrate may enter a temporary probable cause order directing the
involuntary hospitalization of the individual at a mental health facility for immediate examination
and treatment.
(2) The modified procedures may authorize the chief judge of a judicial circuit, or circuit
judge if there is no chief judge, to enter orders authorizing specific psychiatrists or licensed
psychologists, whose qualifications and training have been reviewed and approved by the Supreme
Court of Appeals, to issue certifications that authorize and direct the involuntary admission of an
individual subject to the provisions of this section on a temporary probable cause basis to a mental
health facility for examination and treatment:
Provided, That the authorized psychiatrist or licensed
psychologist
must shall conclude and certify based on personal observation prior to certification that
the individual is mentally ill and, because of such mental illness, is imminently likely to cause
serious harm to himself or herself or to others if not immediately restrained and promotion of the best interests of the individual requires immediate hospitalization. Immediately upon certification,
the psychiatrist or licensed psychologist shall provide notice of the certification to a circuit judge,
mental hygiene commissioner or designated magistrate in the county where the individual resides.
(3) No involuntary hospitalization pursuant to a temporary probable cause determination
issued pursuant to the provisions of this section shall continue in effect for more than forty-eight
hours without the filing of a petition for involuntary hospitalization and the occurrence of a probable
cause hearing before a circuit judge, mental hygiene commissioner or designated magistrate. If at
any time the chief medical officer of the mental health facility to which the individual is admitted
determines that the individual is not likely to cause serious harm as a result of mental illness, the
chief medical officer shall discharge the individual and immediately forward a copy of the
individual?s discharge to the circuit judge, mental hygiene commissioner or designated magistrate.
ARTICLE 7. RELEASE, DISCHARGE AND READMISSION OF PATIENTS; ESCAPEES.
§27-7-1. Discharge.
(a) The chief medical officer of the mental health facility shall continually review the case
of each individual who is an involuntary patient at the facility pursuant to article five of this chapter
and shall as frequently as practicable, in any event at least once every three months, cause a complete
psychiatric examination of each patient, and whenever it is determined that the conditions justifying
involuntary hospitalization no longer exist or that the individual can no longer benefit from
hospitalization, the chief medical officer shall discharge the patient, and forward a copy of the
patient's discharge to the clerk of the circuit court or mental hygiene commissioner of the county in
which the involuntary hospitalization was ordered and to the circuit court or mental hygiene
commissioner of the county wherein the individual is a resident.
(b) Upon discharge of an individual from a mental health facility, the chief medical officer
or his or her designee shall inform the individual that he or she may designate a person of his or her
choice to act on the individual's behalf under the authority of a durable medical power of attorney."
There being no further amendments, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 194),
and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Cowles and McGeehan.
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 604) passed.
On motion of Delegate Boggs, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 604 - "A Bill to amend and reenact §27-5-11 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §27-7-1 of said code, all relating to mental
hygiene procedures; extending the termination date of the modified mental hygiene procedures pilot
project; and providing that upon discharge from a mental health facility an individual will be
informed about a durable medical power of attorney."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for S. B. 631, Updating process for adopting textbooks and other instructional
material; on third reading, coming up in regular order, with amendment pending, was reported by
the Clerk.
On motion of Delegates M. Poling and White, the bill was amended on page three, section
one, line eighteen, before the word "resources", by striking out the word "adopted", and inserting
in lieu thereof the word "instructional", and on line twenty before the word "resources", by striking
out the word "adopted" and inserting in lieu thereof the word "instructional".
On page four, section one, line forty-three, following the word "county", by inserting the
word "board".
On page six, section one, line eighty-five, following the word "without", by striking out the
word "change" and inserting in lieu thereof the word "charge".
On page eight, section one, line thirty-four, following the word "which", by striking out the
word "adoptions" and inserting in lieu thereof the words "approvals for adoption".
On page nine, section two, line fifty-one before the word "adoption", by inserting the words
"approvals for".
On page ten, section three, line eleven, following the word "selection", by striking out the
words "committee members" and inserting in lieu thereof the word "teams".
On line eighteen, by striking out the words "or local education agency".
On line twenty-one, following the words "board of education", by inserting the words "or
regional education service agency".
On page twelve, section four, line thirty, before the word "resources", by inserting the word
"instructional".
On page sixteen, section five, line forty-one, before the word "adopting", by striking out the
word "Districts" and inserting in lieu thereof the words "County boards".
On line forty-three, before the words "have a plan" by striking the word "hall" and inserting
in lieu thereof the word "shall".
On page seventeen, section six, line three, before the words "shall be sold", by striking the
word "adopted" and inserting in lieu thereof the words "on the state multiple list".
And,
On page eighteen, section seven, line ten, before the word "resources", by inserting the word
"instructional".
Delegate Canterbury moved go amend the bill on page twenty, line sixteen, by inserting a
new section to read as follows:
"
§18-2A-10. Calculators prohibited.
The use of calculators by students is prohibited for instructional purposes in mathematics
classes in grades K through eight, including, but not limited to, classroom work and homework;
except in pre-algebra and algebra courses. Prohibited calculators include, but are not limited to, handheld calculators, computer calculators and other devices that use a mechanical, electronic or a
software program to perform basic mathematical calculations:
Provided, That this prohibition does
not apply to teachers or other educational personnel in furtherance of their instructional
responsibilities."
Delegate Border then asked and obtained unanimous consent that the amendment be
withdrawn.
There being no further amendments, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 195),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 631) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken
(Roll No. 196), and there were--yeas 96, nays
none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Crosier, Mahan and Michael.
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 S. B. 631) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4563, Extending the termination date of the modified mental hygiene
procedures pilot project; on third reading, coming up in regular order, was, on motion of Delegate
Morgan, laid upon the table.
Second Reading
S. B. 339, Correcting invalid code reference related to voter registration list; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page four, section four-a, line fifty, by striking out the word "and".
And,
On page four, section four-a, line fifty-two by striking out the period, and inserting a
semicolon and the following language:
"(4) Deceased individuals names are eliminated from the computerized list."
On motion of Delegates Lane and Miley, the bill was amended on page two, line sixteen
following the word "state", by changing the period to a semi-colon and inserting the words:
"including, but not limited to, the vital statistics database maintained by the Department of
Health and Human Resources. The Department of Health and Human Resources by January 31
st of
each calendar year shall provide to each county clerk a list from this database of all decedents in that
county in the preceding year and shall provide to the Secretary of State the list of all decedents in the
state in the preceding year. "
And,
On page three, line forty-two following the word "law", by inserting the following:
"Provided further, the Secretary of State shall, in each calendar year, certify that the removal
of individuals who are not qualified to vote because of felony status or death is completed at least
30 days preceding the date of any primary election."
There being no further amendments, the bill was ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to third reading:
Com. Sub. for S. B. 354, Updating terms and reporting procedures for traffic crashes,
S. B. 381, Regulating ability of Division of Banking employees to obtain certain loans,
S. B. 382, Relating to certain oil and gas drilling geologic reports,
S. B. 387, Providing certain mortgage loan originators be licensed or registered,
And,
S. B. 436, Updating language relating to process of incorporation.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 122, Increasing mental health treatment refusal age of consent,
S. B. 214, Updating certain terms in Corporation Net Income Tax Act,
Com. Sub. for S. B. 215, Creating offense of assaulting volunteer firefighters and emergency
service employees,
S. B. 216, Updating terms in Personal Income Tax Act,
Com. Sub. for S. B. 240, Authorizing Department of Administration promulgate legislative
rules,
Com. Sub. for S. B. 273, Authorizing DEP promulgate legislative rules,
Com. Sub. for S. B. 336, Authorizing Division of Wildlife Resources recover possession
or restitution value of certain animals,
Com. Sub. for S. B. 345, Requiring telecommunications tax study,
S. B. 388, Specifying number of members on municipal planning commissions and zoning
boards,
Com. Sub. for S. B. 435, Relating to speed-detecting device use law,
S. B. 445, Extending time Fairmont City Council can meet,
S. B. 461, Relating to administration of sales and use tax,
And,
S. B. 464, Clarifying Division of Personnel functions.
At 11:47 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
Com. Sub. for S. B. 89, Relating to reinstating former police chiefs or deputy chiefs to
previously held positions; still being in procession of the Clerk, was taken up for further
consideration.
On motion of Delegate Boggs, the House of Delegates reconsidered its actions in adopting
a title amendment to the bill on yesterday.
At the request of Delegate Boggs, and by unanimous consent, the title was then withdrawn.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Committee Reports
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
S. B. 519, Extending Social Security benefits to Municipal Police Officers and Firefighters
Retirement System members,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 519) was referred to
the Committee on Finance.
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:
Com. Sub. for S. B. 362, Prohibiting providing false information to obtain controlled
substances prescription,
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 (Com. Sub. for S. B. 362) 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:
S. B. 595, Extending vesting period for subdivision and land development plans,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 595) to the Committee on the Judiciary
was abrogated.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 352, Creating WV Community Empowerment Transportation Act,
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 (Com. Sub. for S. B. 352) 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:
Com. Sub. for S. B. 183, Creating Diesel-Powered Motor Vehicle Idling Act,
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 (Com. Sub. for S. B. 183) was
referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 698, Relating to mini-trucks' registration and certificate of title requirements,
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 (S. B. 698) was referred to
the Committee on the Judiciary.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
S. B. 385, Requiring banks provide bond to secure certain county deposits,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 385) to the Committee on the Judiciary
was abrogated.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
Com. Sub. for S. B. 376, Relating to residential mortgage foreclosure data,
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 (Com. Sub. for S. B. 376) 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:
Com. Sub. for S. B. 618, Relating to osteopathic physician assistants,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Government Organization be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 618) to the Committee
on Government Organization was abrogated.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
Com. Sub. for S. B. 567, Creating Nonprofit Adventure and Recreational Responsibility Act,
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 (Com. Sub. for S. B. 567) was
referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
Com. Sub. for S. B. 238, Relating to mineral rights' benefits,
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 (Com. Sub. for S. B. 238) was referred to the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 389, Relating to eligibility of certain felons to receive certain federally
funded benefits,
And,
S. B. 550, Establishing driver's license restoration program,
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 Finance.
In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 389 and
S. B. 550) were each referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 42, Revising Municipal Economic Opportunity Development District Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
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:
S. B. 636, Reconstituting Commission to Study Residential Placement of Children,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on Government Organization be
dispensed with.
In the absence of objection, reference of the bill (S. B. 636) to the Committee on Government Organization was abrogated.
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:
Com. Sub. for S. B. 665, Transferring certain Health Care Authority's duties to Insurance
Commissioner
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended, and with the recommendation that second reference of the bill to the Committee on the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 665) to the Committee
on Government Organization was abrogated.
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:
Com. Sub. for S. B. 365, Requiring pharmacies provide personnel online access to
controlled substances database,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended, and with the recommendation that second reference of the bill to the Committee on the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 365) to the Committee
on the Judiciary was abrogated.
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:
S. B. 584, Relating to Center for Nursing's data collection policy,
And,
Com. Sub. for S. B. 81, Creating WV Official Prescription Program Act,
And reports the same back with the recommendation that they each do pass, and with the
recommendation that second reference of the bills to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bills (S. B. 584 and Com. Sub. for S. B. 81) were
each referred to the Committee on the Judiciary was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
S. B. 390, Clarifying court assesses private investigative and security services regulations
violation penalties,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 350, Recategorizing recycled energy as renewable energy resource,
And reports the same back, with a title amendment, with the recommendation that it do pass,
as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 489, Determining status of recycling goals,
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 Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 489) 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:
S. B. 398, Prohibiting landfill disposal of certain electronic devices,
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 (S. B. 398) 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:
Com. Sub. for S. B. 219, Relating to managing state motor vehicle fleet,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 219) to the Committee
on the Judiciary was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 505, Updating Logging Sediment Control Act,
And reports the same back, with title 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 (Com. Sub. for S. B. 505) was
referred to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates White, Marshall, Iaquinta, Varner, Klempa, Manchin, Guthrie, Spencer,
Perdue, Ashley and Border:
H. B. 4670 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending June 30, 2010, to the Department of Agriculture
- Agriculture Fees Fund, fund 1401, fiscal year 2010, organization 1400, to the Department of Health
and Human Resources - Division of Health - Vital Statistics, fund 5144, fiscal year 2010,
organization 0506, to the Department of Health and Human Resources - Division of Human Services
- West Virginia Works Separate State Two-Parent Program Fund, fund 5468, fiscal year 2010,
organization 0511, to the Department of Revenue - Racing Commission - General Administration,
fund 7305, fiscal year 2010, organization 0707, to the Bureau of Senior Services - Community Based
Service Fund, fund 5409, fiscal year 2010, organization 0508, and to new items of appropriation
designated to the Higher Education Policy Commission - Community and Technical College Capital
Improvement Fund, fund 4908, fiscal year 2010, organization 0442, and to the Higher Education
Policy Commission - West Liberty University - West Liberty University Land Sale Account, fund
4566, fiscal year 2010, organization 0488, by supplementing and amending chapter ten, Acts of the
Legislature, regular session, 2009, known as the Budget Bill."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 517, Creating Uniform Real Property Electronic Recording Act,
And,
S.B. 527, Requiring State Rail Authority establish transportation and local rail service plan,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of
concurrent resolutions of the House of Delegates as follows:
H. C. R. 8, The "Lance Corporal Larry Steven Heater Memorial Bridge",
H. C. R. 12, The "Private Archie A. 'Whack' Jordan Memorial Bridge",
H. C. R. 15,The "John Joseph Walkup, Jr., Bridge",
H. C. R. 18, The "Sgt. Richard W. Griffith Memorial Bridge",
H. C. R. 28, The "Trooper First Class James Thomas Brammer Memorial Bridge",
H. C. R. 30, The "Chief Warrant Officer John Michael Hohman Memorial Bridge",
H. C. R. 35, The "Dr. Mabel Nichols Bridge",
H. C. R. 37, The "CMS Marshall Irvin Pauley Memorial Bridge, Killed in Action, Vietnam
1966",
H. C. R. 39, The "Corporal Menifee Carter Memorial Bridge",
H. C. R. 40, The "Ernie Wallace Bridge"
H. C. R. 41, The "Charley Meddings Memorial Bridge",
H. C. R. 42, The "Lance Corporal Samuel R. Drown Memorial Bridge, Killed in Action,
Vietnam 1967",
H. C. R. 45, The "Robert L. McAtee, Sr. Memorial Bridge",
H. C. R. 47, The "Childhood Cancer Survivor and Memorial Highway",
H. C. R. 53, The "Fletcher Brothers Memorial Bridge",
H. C. R. 54, The "William H. Sanders II Memorial Highway",
And,
H. C. R. 56, "Erection of signs near Mahan and Oak Hill, in Fayette County, indicating the
crossing of the 38th Parallel North in honor of the Veterans of the Korean War."
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Crozier, Mahan and Michael.
At 3:16 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 8, 2010.