Friday, March 25, 2005

3226.By Del. Tucker, Yost, Caputo and Butcher - Providing a credit from the B & O Tax for power plants located in West Virginia that burn coal produced in West Virginia for the generation of electricity (FN) - To Finance

3227.By Del. Trump - Supplemental appropriation to the State Department of Education - To Finance

3228.By Del. Michael and Kominar - Providing that in determining West Virginia taxable income of electing small business trusts, income attributable to S corporation stock held by the trust shall be included - To Finance

3229.By Del. Michael and Kominar - Clarifying the definition of "tangible personal property" and the definitions of "transmission" and "transportation" with respect to the exemption for certain purchases by transmission or transportation businesses - To Finance

3230.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Limiting the exemptions certain insurance companies have from Business Franchise Tax and Corporation Net Income Tax to the portion of the tax base which is based on income subject to a tax upon premiums - To Finance

3231.By Mr. Speaker (Mr. Kiss), Del. Frederick, Kominar, H. White, Varner, Porter, Long, Michael and Moore - Creating a credit against the severance tax to encourage private companies to make infrastructure improvements to highways, roads and bridges in this state (FN) - To Finance

3232.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Making a technical change in the computation of personal income tax on income of nonresidents and part-year residents (FN) - To Finance

3233.By Del. Michael and Kominar - Amending the definition of "capital" to include loans from stockholders - To Finance

3234.By Del. Tabb - Increasing the amount of moneys placed in the General Purse Fund for restricted thoroughbred races - To Finance

3235.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Authorizing those who sell or deliver motor fuel to the federal government, or one of its agencies, and to whom the federal government refuses to pay the Motor Fuel Excise Tax to claim a refund of the tax - To Finance

3236.By Del. Michael and Kominar - Relating to the special reclamation tax and special tax on coal production, providing that both of these taxes apply to thin seam coal and providing that the special reclamation tax subject to the West Virginia Tax Crimes and Penalties Act and the West Virginia Tax Procedure and Administration Act - To Finance

3237.By Del. Kominar, G. White and Michael - Providing that the exemption from consumers sales and service tax for drugs, durable medical goods, mobility enhancing devices, prosthetic devices and insulin does not apply to purchases by health care providers for use in providing professional services - To Finance

3238.By Del. Ellem and Wells - Providing an exemption from mandatory immunizations for school children on the basis of conscientious or religious belief - To Education then Judiciary

3239.By Del. Tabb - Removing the requirement that a State Superintendent master's degree has to be in educational administration - To Education

3240.By Del. Marshall - Rectifying inequities in the salary schedule and pay grades for service personnel by upgrading the pay grade of cooks and custodians - To Education then Finance

3241.By Del. Overington, Roberts, Tabb, Wysong, Blair, Doyle, Trump, Rowan and Duke - Relating to salary increases for teachers based upon residential housing costs (FN) - To Education then Finance

3242.By Del. Sumner, Duke, Sobonya, Stevens, Anderson and Poling - Relating to prohibiting fighting by juveniles on school grounds - To Education then Judiciary

3243.By Del. Morgan - Including children of deceased members of the armed forces called to active duty for the purposes of entering into armed combat in the educational opportunities appropriation and removing requirement that the children attend a state institution (FN) - To Education then Finance

3244.By Del. Louisos - Requiring the State Board of Education to implement a program to teach religion in the public schools - To Education then Judiciary

3245.By Del. Iaquinta, Cann, Talbott, Stephens, Martin, Fragale, Webster, Barker, Perdue and Miley - Requiring the Division of Highways to remediate any waste tire pile in the state consisting of more than twenty-five tires (FN) - To Judiciary then Finance

3246.By Del. Canterbury - Adding language regarding spyware to the West Virginia Computer Crime and Abuse Act - To Judiciary

3247.By Del. Armstead - Relating to increasing the penalty for the felony offense of driving under the influence causing death - To Judiciary

3248.By Del. DeLong, Mahan, Stephens, Wells, Caputo, Manchin, Paxton, Longstreth, R. Thompson, Yost and Ellem - Creating criminal penalties for a railroad company or employee who denies, delays or interferes with medical treatment to a railroad employee injured on the job - To Judiciary

3249.By Del. Trump - Providing the Secretary of State the authority to publish the names of any candidate, financial agent or treasurer of a political party committee who fails to file campaign finance reports in a timely manner - To Judiciary

3250.By Del. Schoen - Deleting certain language involving controlled substances by excluding compounding by an individual for his or her own use from the definition of "manufacture" - To Judiciary

3251.By Del. Williams, Stemple, Tabb, Long, Hartman, Proudfoot and Amores - Requiring judgement debtors to report to the court wherein final judgement was rendered against them changes in employment - To Judiciary

3252.By Del. Brown - Providing for civil liability of a person falsely accusing another of child abuse and establishing the criminal offense of falsely reporting child abuse - To Judiciary

3253.By Del. Morgan (By Request) - Relating to liability of persons voluntarily rendering aid to another in peril - To Judiciary

3254.By Del. Louisos - Relating to designating English as the official state language - To Judiciary

3255.By Del. Schoen, Craig, Hall, Louisos, Martin, Morgan and Paxton - Prohibiting solid waste authorities from duplicating or competing with private recycling businesses - To Judiciary

3256.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Correcting definitions applicable to the assessment of real property and to homestead property tax exemption (FN) - To Judiciary then Finance

3257.By Del. Michael, Kominar, Craig and Pino - Clarifying that the 60 day time limit for filing an appeal with the Office of Tax Appeals does not apply when other provisions of the West Virginia Code set forth different times - To Judiciary

3258.By Del. Doyle - Permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale - To Judiciary

3259.By Del. Michael and Kominar - Requiring the Tax Commissioner's consent in order for a case to be conducted as a small claims hearing - To Judiciary

3260.By Mr. Speaker (Mr. Kiss) - Prohibiting an employee from recovering for an injury that was self-inflicted and establishing the Asbestos and Silica Compensation Fairness Act of 2005 - To Judiciary

3261.By Del. Wysong, Tabb and Doyle - Relating to changing certain dates for action relative to the duties and procedures of the Planning Commission - To Government Organization

3262.By Del. Trump - Requiring a woman, prior to an abortion, to have a pregnancy test administered at the facility where the abortion is to be performed - To Health and Human Resources then Judiciary

3263.By Del. Varner - Providing a third actuarial option for determining a municipality's annual contribution to its municipal policemen's or firemen's retirement fund - To Pensions and Retirement then Finance

3264.By Del. Armstead - Relating to establishing a maximum number of employees allowed in a department or separate spending unit of the state, effective July 1, 2005 - To Industry and Labor, Economic Development and Small Business then Finance

3265.By Del. Armstead, Lane, Sobonya, Carmichael and Anderson - Relating to the "senior citizens prescription drug subsidy program" (FN) - To Health and Human Resources then Finance

3266.By Del. Perry and Louisos - Requiring physicians to file regular reports with the DHHR, regarding patients who require medical treatment as a result of an abortion and providing criminal penalties - To Health and Human Resources then Judiciary

3267.By Del. Overington, Schadler, Evans and Roberts - Exempting construction performed on behalf of educational authorities from prevailing wage requirements - To Industry and Labor, Economic Development and Small Business then Judiciary

3268.By Del. Sobonya, Sumner, Rowan, Butcher, Beach, Howard, Roberts, Kominar, Tabb, Long and Stevens - Relating to discounts at state parks for elderly and disabled persons (FN) - To Agriculture and Natural Resources then Finance

3269.By Del. Mahan and Overington - Establishing a system for issuing permits for the rehabilitation of orphaned, sick and injured wildlife (FN) - To Agriculture and Natural Resources then Finance

3270.By Del. Morgan and Stemple - Limiting liability for volunteers and Division of Forestry employees for damages caused when fighting forest fighters - To Agriculture and Natural Resources then Judiciary

3271.By Del. Blair, Boggs, Brown, Morgan, Duke and Walters - Requiring that certain insurance documents include a notice regarding the absence of flood insurance and the possible availability of such insurance from other sources - To Banking and Insurance then Judiciary

3272.By Del. Hamilton and Eldridge - Requiring an upland game bird conservation stamp (FN) - To Agriculture and Natural Resources then Finance

3273.By Del. Wakim, Stemple and Argento - Relating to the application and enforcement of rules or orders of local boards of health regulating, restricting or prohibiting the use of tobacco products within the service area - To Health and Human Resources then Judiciary

3274.By Del. R. M. Thompson, H. White, Perry, Hrutkay and Canterbury - Providing that bank holding companies should provide lists of stockholders to the Commissioner - To Banking and Insurance then Judiciary

3275.By Del. R. M. Thompson, H. White, Perry, Hrutkay and Canterbury - Requiring banking institutions to post bond or other security for the deposit of county, municipal, or county board of education funds - To Banking and Insurance then Judiciary

3276.By Del. Talbott - Prohibiting discrimination in rates by insurance companies because of having filed claims under the uninsured and under insured coverage of an automobile policy - To Banking and Insurance then Judiciary

3277.By Del. Doyle - Prohibiting the demolition of a historic structure prior to a review of and the issuance of a permit by the Commissioner of the Division of Culture and History - To Government Organization then Judiciary

3278.By Del. Michael, Kominar, Craig, Pino and Proudfoot - Relating to delaying the effective dates of the Municipal Sales and Service Tax and Municipal Use Tax (FN) - To Political Subdivisions then Finance

3279.By Del. Doyle - Excluding certain taxes imposed on certain utilities and extractive activities from those that municipality must cease to impose before being authorized to impose a municipal sales and service tax and a municipal use tax - To Pensions and Retirement then Finance

3280.By Del. Staton, Browning, Pino, Varner, Ennis, Yost and DeLong - Relating to modifying the review by the Public Service Commission of public convenience and necessity applications where the project has been approved by the Infrastructure and Jobs Development Council - To Judiciary

3281.By Del. Amores and Craig - Relating to making it a crime to alter, destroy, or tamper with computer equipment containing voter registration information - To Judiciary

3282.By Del. Staton, Pino, Mahan, Webster and Beane - Relating to taking pictures of a non-consenting individual in public and private places - To Judiciary

3283.By Del. Sobonya, Stevens, Butcher, Beach, Sumner, Howard, Roberts, Kominar, Rowan, Long and Tabb - Relating to providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal - To Roads and Transportation then Judiciary

3284.By Del. Lane (By Request) and Walters - Relating to requiring that persons accused of committing battery submit to a test for infectious diseases and that the accused person pay for such test - To Judiciary

3285.By Mr. Speaker (Mr. Kiss), Del. Perry and Tabb - Relating to authorizing county commissions to adopt ordinances to reduce false alarms - To Political Subdivisions then Judiciary

3286.By Del. Caputo, Tucker, Butcher, Mahan, Varner, Boggs, Manchin, Longstreth, Fragale, Barker and Hrutkay - Authorizing the Governor to appoint an additional member to the Surface Mine Board that represents the interest of labor - To Industry and Labor, Economic Development and Small Business then Government Organization

3287.By Mr. Speaker (Mr. Kiss), Del. Manchin, Caputo, Trump and Walters - Increasing the salaries of Supreme Court Justices, circuit court judges, family court judges and magistrates - To Judiciary then Finance

3288.By Del. Overington and Blair - Providing that members of a county planning commission are elected on a nonpartisan basis - To Judiciary

3289.By Del. R. M. Thompson (By Request) - Removing language that will make the restrictions regarding default charges applicable to all lenders - To Banking and Insurance then Judiciary

3290.By Del. Cann - Relating to providing additional state minimum salary for certain teachers - To Education then Finance

3291.By Del. Rowan and Trump - Relating to reforming, altering and modifying the county commission of Hampshire County - To Political Subdivisions then Judiciary

3292.By Del. Doyle, Tabb and Wysong - Amending certain provisions of the code involving horse and dog racing - To Government Organization then Finance

3293.By Mr. Speaker (Mr. Kiss), Del. Amores, Craig, Staton, Webster, Palumbo and Kominar - Establishing residential treatment programs for regional jail inmates who are abusers of alcohol and other drugs - To Judiciary

3294.By Del. Staton, Browning and G. White - Changing the documentation necessary to prove payment of personal property taxes prior to renewing a vehicle or motorboat registration - To Finance

3295.By Del. Morgan, Howard and Sobonya - Increasing certain fees charged to collect delinquent taxes - To Judiciary then Finance

3296.By Del. Morgan, Howard and Sobonya - Limiting the time in which a purchaser of erroneously assessed or nonexistent real estate at a sheriff's tax sale may claim a refund - To Judiciary

3297.By Del. Brown, Hrutkay, Webster and Hatfield - Making it a misdemeanor to fail to provide a woman with information regarding all available reproductive alternatives - To Judiciary

3298.By Del. Brown, Hrutkay, Poling, Webster and Hatfield - Requiring faith-based, abstinence-only and antichoice facilities to have written policies and procedures - To Judiciary

3299.By Del. Brown, Hrutkay, Webster and Hatfield - Requiring faith-based, abstinence-only and antichoice facilities that counsel women regarding pregnancy, contraceptives, abortions or childbirth to warn women of the risks inherent to each option - To Health and Human Resources then Judiciary

3300.By Del. Brown, Hrutkay, Poling, Webster and Hatfield - Requiring any faith-based facility that counsels women regarding contraception, abortion or pregnancy to maintain a quality assurance program - To Judiciary

3301.By Del. Williams, Campbell, Stemple, Proudfoot, Michael and Hartman - Providing for a two percent rebate to the taxpayer of the timber severance tax - To Finance

3302.By Del. Azinger (By Request) - Requiring the Public Service Commission's consumer advocate's office to review all rate cases filed by public and private utilities - To Judiciary

3303.By Del. Frich, Walters, Hamilton, Tansill and Stevens - Financing the West Virginia University rifle team with the support of the student body - To Education then Finance

3304.By Del. Azinger (By Request) - Reducing the term of Public Service Commission members from six to three years - To Judiciary

3305.By Del. Azinger (By Request) - Regulating telemarketing for quasi-state agencies - To Judiciary

3306.By Del. Michael - Allowing fees charged for requests for information from the central abuse registry to be used for criminal record keeping - To Judiciary then Finance

3307.By Del. H. White and R. M. Thompson - Expanding eligible groups for group health insurance to include trusts established by eligible associations and discretionary groups with approval of the Insurance Commissioner - To Banking and Insurance then Judiciary

3308.By Del. Spencer, Caputo, Trump, Hrutkay, Campbell, Varner, Leach, Marshall, Wells, Webster and Moore - Eliminating the provision that allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages - To Judiciary

3309.By Mr. Speaker (Mr. Kiss), Del. R. M. Thompson, Susman, Mahan and Sumner - Exempting Mental-Health Retardation Centers from payment of the privilege tax and providing that Mental-Health Retardation Centers are covered by the Board of Risk and Insurance Management without the requirement to pay a premium - To Finance

3310.By Del. Barker, Hrutkay and R. Thompson - Transferring the enforcement powers from the state police to the county sheriff when a person fails to maintain liability insurance - To Judiciary then Finance

3311.By Del. Miley and R. Thompson - Prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance - To Banking and Insurance then Judiciary

3312.By Del. Miley and R. Thompson - Providing prerequisites to filing third-party bad faith claims under the West Virginia Unfair Trade Practices Act - To Banking and Insurance then Judiciary

3313.By Del. Miley and R. Thompson - Requiring rate filings, both with respect to property and casualty insurance , and medical malpractice insurance, contain data for informational purposes regarding payments made for bad faith - To Banking and Insurance then Judiciary

3314.By Del. Miley, Manchin and R. Thompson - Requiring that insurance rates be rolled back by specific percentages - To Banking and Insurance then Judiciary

3315.By Del. Miley and R. Thompson - Relating to contractual relationship between insurance agents and insurance companies - To Banking and Insurance then Judiciary

3316.By Del. Miley and R. Thompson - Relating to total fire loss - To Banking and Insurance then Judiciary

3317.By Del. Miley and R. Thompson - Relating to subrogation for reimbursement under liability, uninsured or underinsured coverage, or any coverage issued by the same carrier - To Banking and Insurance then Judiciary

3318.By Del. Armstead, Carmichael, Walters and Sobonya - Requiring jobs impact statement for certain proposed legislation - To Industry and Labor, Economic Development and Small Business then Judiciary

3319.By Mr. Speaker (Mr. Kiss), Del. Palumbo, Amores, Morgan and Armstead - Eliminating the legal doctrine of "constructive exhaustion" relative to an insured's claim for underinsurance under his or her motor vehicle insurance policy - To Banking and Insurance then Judiciary

3320.By Del. Stephens, Porter, Perry, Sumner, Long, Hrutkay, Eldridge and Lane - Exempting motor vehicles in funeral processions from the requirement to pay tolls on parkway projects - To Finance

3321.By Del. Palumbo, Manchin, Amores, Staton, Webster and Morgan - Relating to the creation of the Judicial Compensation Commission - To Judiciary

3322.By Del. Miley and R. Thompson - Making the Office of Consumer Advocacy independent of the Insurance Commission - To Banking and Insurance then Judiciary

3323.By Del. Miley and R. Thompson - Prohibiting retaliation by an insurer against an employee or agent - To Banking and Insurance then Judiciary

3324.By Del. Azinger (By Request) - Providing that a Public Service District Commissioner may be removed forthwith and without cause upon the filing with the county commission, a petition containing a simple majority of a public service district's customer accounts - To Judiciary

3325.By Del. Azinger - Requiring hospitals to disclose the results of clinical trials to physicians and the public - To Health and Human Resources then Judiciary

3326.By Del. Amores - Eliminating the exception to the prohibition against allowing passengers under eighteen years of age on All-terrain vehicles - To Judiciary

3327.By Del. R. Thompson, Staton, Walters, H. White, Moore, Ellem, DeLong, Caputo, Beane and Hunt - Providing for insurance reform by expanding and providing for funding, and expanded powers for the office of consumer advocacy - To Banking and Insurance then Judiciary

3328.By Mr. Speaker (Mr. Kiss) and Del. Trump [By Request of the Executive] - Changing the name of the office of emergency services and specifying additional responsibilities - To Government Organization

3329.By Del. Armstead, Lane, Blair, Sobonya and Howard - Reducing by five cents the excise tax on all gasoline and special fuel sold in this state (FN) - To Roads and Transportation then Finance

3330.By Del. Overington, Frich, Blair, Canterbury, Romine, Leggett and Lane - Protecting academic freedom in higher education - To Education then Judiciary

3331.By Del. Armstead, Walters, Carmichael and Lane - Creating the crime of chemical battery - To Judiciary

3332.By Del. Roberts, Blair, Overington, Duke and Tabb - Authorizing the county commission of Berkeley County and the incorporated municipalities therein to adopt official maps - To Political Subdivisions then Judiciary

3333.By Del. Spencer - Appropriating money from the State Lottery Fund to the Bureau of Senior Services to pay for delegates to the National Silver Haired Congress meetings - To Finance

3334.By Del. Armstead, DeLong, Campbell, Pino, Lane, Craig, Sobonya and Howard - Establishing the "West Virginia Remembers Program" for veterans to share their experience in the military with public school children - To Veterans Affairs and Homeland Security then Education

3335.By Del. Armstead, Walters and Carmichael - Providing for a tax credit for educational expenses incurred for school age children (FN) - To Finance

3336.By Del. Carmichael, Walters, Armstead and Sobonya - Restricting a registered sex offender from knowingly entering the proximity of a school or other facility for minors - To Judiciary

3337.By Del. Armstead, Walters, Howard and Sobonya - Creating a sentencing commission and setting forth its membership, responsibilities, powers and duties - To Government Organization

3338.By Del. Armstead, Carmichael, Walters, Trump and Lane - Transferring the powers of construction and maintenance activities of the Parkways Authority, to the Division of Highways - To Government Organization

3339.By Del. Hamilton, Sobonya, Ellem, Howard, Porter, Poling, Crosier, H. White, Stalnaker and Yost - Relating to motor vehicle inspections and eliminating the headlight adjustment provisions of the inspection fee - To Roads and Transportation then Judiciary

3340.By Del. Schoen, Martin and Amores - Excluding certain employment-related expenses from the definition of gross income for purposes of determining child support - To Judiciary

3341.By Del. Eldridge, Hunt, Stemple, Louisos, Walters, Argento, R. Thompson, Cann, DeLong, Butcher and Browning - Providing that male child molesters are subjected to a life sentence unless they choose to undergo an orchiectomy - To Judiciary

3342.By Del. Poling, Iaquinta, G. White, Hrutkay, Barker, Hamilton, R. Thompson, Long, Miley and Paxton - Providing a one thousand dollar increase to all state employees who do not otherwise receive a salary increase during the two thousand five regular session of the Legislature (FN) - To Finance

3343.By Del. Frederick, Porter, Long, Varner and Kominar - Defining "fill material" in the Water Pollution Control Act - To Judiciary

3344.By Del. Frederick, Porter, Long, Varner and Kominar - Prohibiting the Division of Natural Resources from approving or rejecting any certification issued under the provisions of 33 U. S. C. section 1344 - To Judiciary

3345.By Del. Lane (By Request), Armstead and Walters - Requiring that employers perform criminal history background checks for employees working as in-home health care providers - To Health and Human Resources then Judiciary

3346.By Del. Palumbo (By Request) - Reducing the period within which the tenancy of a factory-built home site may be terminated from three months to forty-five days - To Judiciary

3348.By Del. Sobonya, Howard and Sumner - Providing that the arresting agency pays the cost incurred for initial twenty-four hours of incarceration for each inmate they arrest and incarcerate, and defining "arresting agency" - To Judiciary then Finance

3349.By Del. Spencer - Changing the cut-off date for attaining the age of five prior to being eligible to attend kindergarten - To Education then Finance

3350.By Del. Spencer - Deleting the requirement that school personnel with five or more years experience, who have not received an unsatisfactory rating, receive evaluations, except at the discretion of the principal - To Education then Finance

3351.By Mr. Speaker (Mr. Kiss), Del. Amores, Beane, Campbell, Kominar, Mahan, Michael, Perry, Pino, Staton and Varner - Creating the West Virginia Byrd Scholarship Program - To Education then Finance

3352.By Del. Stemple, Sobonya, Howard, Rowan and Stevens - Relating to petition for adoption and modifying qualifications of person who may adopt - To Judiciary

3353.By Del. Trump, Ellem, Howard, Amores, Schoen and Staton - Increasing salaries for magistrates, magistrates clerks, magistrate assistants, deputy magistrate clerks, Supreme Court Justices, circuit court judges and family court judges - To Judiciary then Finance