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Friday, February 26, 2010

FORTY-FIFTH 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, February 25, 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 Moye, Martin, Anderson, Andes, Armstead, Ashley, Azinger, Barker, Blair, Boggs, Border, Cann, Canterbury, Caputo, Carmichael, Crosier, Duke, Ellem, Ennis, Evans, Ferro, Fragale, Givens, Hall, Hamilton, Hartman, Iaquinta, Ireland, Klempa, Kominar, Lawrence, Longstreth, Mahan, Manchin, Manypenny, McGeehan, J. Miller, Moore, Overington, Paxton, Perry, Pethtel, Phillips, D. Poling, Porter, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Sobonya, Sumner, Swartzmiller, Talbott, D. Walker, Walters, White and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 24 - "Declaring that February 26, 2010, be designated 'West Virginia State Grange Day'."
Whereas, The Grange is the world's first Farm Fraternal Association; and
Whereas, The West Virginia State Grange is our State's oldest agricultural and rural community organization; and
Whereas, The Grange has been a tireless champion for West Virginia's farmers and their rural communities through a vigorous grassroots advocacy of the mutual interests of its members; and
Whereas, The Grange provides opportunities for families and individuals to develop to their highest potential in order to build stronger communities; and
Whereas, Voluntary association with the Grange not only provides the benefits of economic and political cooperation for its members, but it also elevates their character by providing social, cultural and educational programs, along with opportunities for personal growth; and
Whereas, The Grange increases the influence of each of its members by giving them the opportunity to serve their community through projects and programs that make a difference in the lives of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State of West Virginia since June 1873; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates designates February 26, 2010, as "West Virginia State Grange Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the appropriate representatives of the West Virginia State Grange.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 25th day of February, 2010 presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 4309), Authorizing 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.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
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 Doyle, Spencer, Iaquinta, Eldridge, Guthrie, Mahan, Marshall, Phillips, Carmichael, Evans and Ashley:

H. B. 4668 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the June 30, 2010, to the Crime Victims Compensation Fund, fund 8738, fiscal year 2010, organization 2300, to the Department of Education and the Arts - Division of Culture and History, fund 8718, fiscal year 2010, organization 0432, and to the Department of Environmental Protection - Division of Environmental Protection, fund 8708, fiscal year 2010, organization 0313, all supplementing and amending the appropriations for the fiscal year ending June 30, 2010."
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance 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 back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4167 - "A Bill to amend and reenact §17C-5A-3 of the Code of West Virginia, 1931, as amended, relating to creation of a special revenue account, known as the Department of Health and Human Resources Safety and Treatment Fund; making a one-time transfer of monies into the fund; providing rule-making authority; and control and use of the fund by the agency,"
H. B. 4339 Relating to collecting debts through the United States Treasury Offset Program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4339 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-1-37, relating to collecting debts through the United States Treasury Offset Program; authorizing the State Auditor to enter into agreements with the United States Treasury's Financial Management Service; specifying reduction and offset of payments for collection of debt; authorizing rules; specifying cost-effective actions to aggressively collect; and authorizing interagency agreements,"
And,
H. B. 4448, Correcting an inconsistency in the code regarding school board levies,
And reports back a committee substitute therefor, with a new title, as follow:
Com. Sub. for H. B. 4448 - "A Bill to amend and reenact §11-8-12 and §11-8-12a of the Code of West Virginia, 1931, as amended, all relating to the dates of certain meetings of county boards of education related to levies,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4177, Dedicating five percent of coal severance tax to the county of origin,
And reports the same back with the recommendation that it do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4493, Authorizing a rule for the Higher Education Policy Commission regarding the Energy and Water Savings Revolving Loan Fund Program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4493 - "A Bill to amend and reenact §18B-17-2 of the Code of West Virginia, 1931, as amended, relating to authorizing rules for higher education; and authorizing rules for the Higher Education Policy Commission regarding the Energy and Water Savings Revolving Loan Fund Program and the West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program,"
With the recommendation that the committee substitute 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 H. B. 4493) to the Committee on the Judiciary was abrogated.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates M. Poling, Paxton, Perry, Pethtel, Duke, Moye, Rodighiero, Romine, Lawrence, Williams, Smith, Stowers, Ireland, Louisos, D. Walker, Shott, Rowan, Ennis, Fragale, Crosier, Beach, Andes, Shaver, Sumner and Canterbury:

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 Activities Commission including, not limited to, developing the guidelines and other pertinent information to inform and educate coaches, youth athletes and their parents or guardians of the nature and risk of concussion and head injury and continuing to play after concussion or head injury."
Whereas, As many as 3.8 million concussions related to sports and recreation are estimated to occur in the United States each year and there are an estimated 300,000 concussions annually among professional, college and high school football players; and
Whereas, Most concussions are mild, but re-injury and second impact syndrome can lead to lifelong disability and death; and
Whereas, Re-injury and second impact syndrome are highly preventable, but one in fifteen athletes with a concussion have recurring concussions within seven to ten days from their first concussion; and
Whereas, Concussions are the most common type of brain injury in sports and restricting cognitive and physical activity immediately after the concussion is crucial for recovery; and
Whereas, The ability to prevent concussion injuries in sports relies on the education of athletes, coaches, referees, administrators and parents regarding the detection and management of a concussion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the care and prevention of concussion injuries in sports regulated by the Secondary Schools Activities Commission including, not limited to, developing the guidelines and other pertinent information to inform and educate coaches, youth athletes and their parents or guardians of the nature and risk of concussion and head injury and continuing to play after concussion or head injury; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates M. Poling, Paxton, Perry, Pethtel, Duke, Moye, Rodighiero, Romine, Lawrence, Williams, Smith, Stowers, Ireland, Louisos, D. Walker, Shott, Rowan, Ennis, Fragale, Crosier, Beach, Andes, Shaver, Sumner and Canterbury:

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."
Whereas, Teacher planning and preparation are the key to effective teaching and W. Va. Code §18-4-14 provides teachers a planning period time of one class period each instructional day, but not less than thirty minutes, during which they may not be assigned any duties; and
Whereas, The additional duties of teachers including, but not limited to, supervising students, IEP meetings, SAT meetings, and professional training meetings, increasingly infringe upon the limited planning period time currently reserved during the instructional day solely for teachers to complete necessary planning and preparation for the instruction of pupils; and
Whereas, Teacher planning and preparation are becoming increasingly important and time consuming with the emphasis on integrating technology into teaching and learning and utilizing project-based instruction, problem solving, teamwork and other instructional strategies designed to actively engage students and improve learning; and
Whereas, Time within the school day for collaborative teacher planning and preparation to improve instruction and learning including, but not limited to, reviewing student academic performance based on multiple measures, identifying strategies to improve student academic performance, and planning and preparation to implement the needed improvements is increasingly being recognized as a valuable tool for improving education; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on providing adequate time in the school day reserved for teacher planning and preparation; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolutions (H. C. R. 77 and H. C. R. 78) to the Committee on Rules.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Shaver, D. Walker, Lawrence, Canterbury, Shott, Sumner, Smith, Stowers, Rodighiero, Ireland and Rowan:

H. B. 4669 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-10, relating to granting exceptions to certain statutes to innovation zone plans approved by state board; specifying scope, limitations and conditions on exceptions granted."
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. 4374, Caregivers Consent Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4374 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49- 11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; criminal penalty for false statement; and rule-making authority,"
H. B. 4425, Developing a pilot program for unlicensed personnel to administer medication in a nursing home,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4425 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-20, relating to the development of a pilot program for unlicensed persons to administer medications in a nursing home by the Board of Registered Professional Nurses,"
And,
H. B. 4513, Establishing requirements for Marcellus gas well operations use of water resources,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4513 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6-42, relating to establishing requirements for Marcellus gas well operations use of water resources,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4444, Authorizing lateral transfers for deputy sheriffs,
H. B. 4496, Prohibiting bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates,
And,
H. B. 4589, Conforming article three of chapter three of the Code of West Virginia, to the requirements of the Military and Overseas Voter Empowerment Act of 2009,
And reports the same back with the recommendation that they each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4201, Creating the Livestock Care Standards Board,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4201 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C-5 and §19-1C-6, all relating to creating the Livestock Care Standards Board for the purpose of establishing standards governing the care and well-being of livestock and poultry in West Virginia; defining terms; specifying conditions of membership and the qualifications, terms and compensation of members; authoring legislative rulemaking; requiring annual meetings of the board; and allowing for additional meetings,"
H. B. 4217, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4217 - "A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to requirements for enhanced emergency telephone systems and county emergency dispatch centers,"
H. B. 4260, Relating to insurance adjusters,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4260 - "A Bill to repeal §33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5, §33-12B-9, and 33-12B-11 of said code; to amend said code by adding thereto a new section, designated §33-12B-10a, all relating to insurance adjusters; defining 'home state', 'company adjuster' and 'crop adjuster'; permitting an adjuster to designate a home state; establishing a new crop adjuster license and its qualifications; revising the requirements for nonresident adjusters; granting the Commissioner of Insurance the authority to examine the business practices of persons holding or applying for adjuster licenses; revising the licensing renewal requirements; requiring notification by adjusters of legal actions taken against them; clarifying the process to be used concerning adverse administrative actions; and increasing maximum administrative penalty for violations,"
H. B. 4285, Relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4285 - "A Bill to amend and reenact §31-17-4 of the Code of West Virginia, 1931, as amended, and to amend and reenact §31-17A-2, §31-17A-3, §31-17A-4, §31-17A- 6, §31-17A-9, §31-17A-12 and §31-17A-13 of said code, all relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking; definitions; allowing the Commissioner of Banking to reduce or waive application fees, bond amounts and net worth requirements of bona-fide nonprofit business entities, including community housing development organizations; providing that mortgage loan originators may be employed by or under contract with only one mortgage broker or lender at any time; allowing the commissioner to reduce or waive the application fees for mortgage loan originators employed by bona fide nonprofit organizations or other community housing development organizations; providing that a mortgage loan originator license may not be transferred or assigned and that a mortgage loan originator changing employers must provide thirty days prior notice to the commissioner and pay a fee of $50; increasing the amount of prelicensing education required for loan originators from twenty to twenty-two hours; providing that prelicensing education courses and requirements and continuing education courses for mortgage loan originators may be approved by the division of banking; providing a procedure for the commissioner to follow whenever taking an enforcement action under article seventeen-a of this code; allowing any person not licensed as a mortgage lender or broker under article seventeen of chapter thirty-one of this code or article four of chapter forty-six-a of this code to register with the Nationwide Mortgage Licensing System and Registry and provide a surety bond in the appropriate amount for any mortgage loan originators it employs; and allowing the commissioner to reduce or waive the bond amounts imposed by article seventeen-a for mortgage loan originators employed by bona fide nonprofit corporations or other bona fide nonprofit business entities, including community housing development organizations, if the commissioner determines that such action would not violate any applicable law,"
H. B. 4356, Allowing a nonresident to have an additional ten days to pay his or her fine before the magistrate court sends notice to the DMV,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4356 - "A Bill to amend and reenact §17B-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §50-3-2a of said code, all relating to the suspension of drivers' licenses; providing time frames for appearances before courts of competent jurisdiction for both residents and nonresidents; and providing time frames for the reporting of fines and penalties to the Division of Motor Vehicles,"
H. B. 4359, Requiring local labor for public construction projects,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4359 - "A Bill to amend and reenact §21-1C-2 of the Code of West Virginia, 1931, as amended, relating to requiring local labor for public construction projects by reducing the dollar amount of the applicable construction project to $500,000; reducing the amount of miles for the local labor market to fifty miles; and clarifying the definition of local labor market,"
H. B. 4407, Updating the law regarding the rabies vaccinations of dogs and cats,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4407 - "A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended; all relating to rabies vaccination of dogs and cats; requiring that administered rabies vaccinations be capable of producing immunity for three years; requiring dogs and cats to be revaccinated every three years; and requiring rabies vaccinations for dogs and cats prior to entering the state,"
And,
H. B. 4531, Mandating that shackling of pregnant women who are incarcerated is not allowed except in extraordinary circumstances,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4531 - "A Bill to amend and reenact §25-1-16 of the Code of West Virginia, 1931, as amended; relating to the transfer and restraint of inmates of state institutions or facilities for medical reasons; and, to amend and reenact §31-20-30a, all relating to the restraint of pregnant women while in the custody and control of the West Virginia Regional Jail and Correctional Facility Authority; and to amend and reenact §49-5E-6 of said code, all related to the restraint of pregnant women while in the custody and control of the Division of Juvenile Services,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4665, Relating to special rates for energy intensive industrial consumers of electric power,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1j, relating to special rates for energy intensive industrial consumers of electric power; setting forth legislative findings on energy intensive industrial consumers of electric power; defining certain terms; enabling the Public Service Commission to establish special rates for energy intensive industrial consumers of electric power; setting forth additional factors that the Public Service Commission may take into consideration in establishing special rates for energy intensive industrial consumers of electric power; authorizing the Public Service Commission to adopt mechanisms reasonably designed to assure appropriate flexibility and predictability of special rates; establishing procedures for application to the Public Service Commission for a special rate; setting forth data and information to be included in an application for a special rate; establishing qualifications for eligibility for a special rate; and authorizing the distribution of any excess revenue or revenue shortfall as directed by the Commission,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4525, Changing the composition, powers and responsibilities of the board of Coal Mine Health and Safety,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4525 - "A Bill to amend and reenact §22A-1-21 of the Code of West Virginia, 1931, as amended; to amend and reenact §22A-2A-301, §22A-2A-304 and §22A-2A-310 of said code; to amend and reenact §22A-6-3, §22A-6-4, §22A-6-6 and §22A-6-7 of said code; to amend and reenact §22A-7-4 and §22A-7-6 of said code; and to amend and reenact §22A-11-2 and §22A-11-3 of said code, all relating to board's under the jurisdiction of the Office of Miners' Health, Safety and Training; removing boards from under the jurisdiction of the Office of Miners' Health, Safety and Training; changing board membership; changing voting procedures; permitting a clarifying resolution; requiring the Health and Safety Administrator to provide administrative assistance; permitting the Health and Safety Administrator to expend funds for certain purposes; adding to the boards' powers; changing voting procedure; clarifying voting procedures; clarifying reporting requirements; establishing reporting time lines; and permitting appropriations from general revenue,"
With the recommendation that the committee substitute 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 H. B. 4525) to the Committee on Government Organization 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:
H. B. 4414, Updating references from the commissioner of accounts to the fiduciary commissioner,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4414) 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. 4450, Relating to land surveyors,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4450 - "A Bill to repeal §30-13A-26, §30-13A-27, §30-13A-28, §30- 13A-29, §30-13A-30, §30-13A-31, §30-13A-32, §30-13A-33, §30-13A-34, §30-13A-35, §30-13A- 36 and §30-13A-37 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated, §1-1-5; to amend said code by adding thereto a new section, designated, §7-2-8; to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-13A- 5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30- 13A-13, §30-13A-14, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-13A- 20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-25 of said code; and to amend and reenact §39-1-2a of said code, all relating to surveys; establishing West Virginia coordinate systems; requiring a license to practice land surveying; requiring a certificate of authorization for a firm to practice land surveying; specifying applicable law; providing definitions; continuing the board of professional surveyors; providing for board composition; providing eligibility requirements for board membership; clarifying the powers and duties of the board; clarifying rule-making authority; providing emergency rule-making authority; continuing a special revenue account; clarifying the education and experience requirements for licensure; establishing licensure requirements; establishing scope of practice; providing exceptions from licensure; establishing surveyor intern requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; establishing inactive license requirements; establishing procedures for delinquent and expired licenses; establishing retired license requirements; establishing conditions for failed examines; requiring display of a license; requiring display of a certification of authorization; establishing certification of authorization requirements; establishing requirements to be a surveyor-in-charge; providing a due process procedure; establishing grounds for disciplinary action; establishing hearing procedures; providing for judicial review and appeals of decisions; establishing cause for initiation of criminal proceedings; establishing criminal penalties; removing no longer applicable language; and establishing requirements to record a survey,"
With the recommendation that the committee substitute 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 H. B. 4450) 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:
H. B. 4563, Extending the termination date of the modified mental hygiene procedures pilot project,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4563 - "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,"
With the recommendation that the committee substitute do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 4037, Relating generally to federal subsidy bonds and bond financing.
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
Com. Sub. for S. B. 120 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4a; and to amend and reenact §18-28-6 of said code, all relating to requiring all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to provide adequate proof of having undergone a dental examination by a licensed dentist; misdemeanor offense for failure to obtain dental examination; and penalty"; which was referred to the Committee on Health and Human Resources then 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
Com. Sub. for S. B. 389 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new section, designated §9-9-23, all relating to opting out of the 21 U. S. C. §862 a restriction concerning the eligibility of certain persons from receiving the benefits of certain federally funded programs"; which was referred to the Committee on the Judiciary then Finance.
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
Com. Sub. for S. B. 435
- "A Bill to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to speed restrictions; prima facie evidence of speed by certain devices; changing Department of Public Safety to State Police in this section of said code; and applying this section to all municipalities of the state"; 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. 453
- "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"; which was referred to the Committee on Finance.
Motions

The Clerk read a written motion, heretofore filed with him by Delegate Blair, as follows:
"Delegate Blair, in accordance with the provisions of House Rule 82, moves that the Committee on the Judiciary be discharged from consideration of House Bill 4482, creating a random drug testing program for applicants and recipients of temporary assistance for needy families cash benefits and for elected officials; and, that the Bill be taken up for immediate consideration."
Delegate Boggs moved that the written notice lie over, and on this motion, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 90), and there were--yeas 71, nays 26, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Kominar and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the motion that the written motion lie over prevailed.
The Clerk next read a written motion, heretofore filed with him by Delegate Lane, as follows:
"Delegate Lane, in accordance with the provisions of House Rule 82, moves that the Committee on Constitutional Revision be discharged from consideration of House Joint Resolution 14, the Homestead Exemption Increase Amendment; and, that the Resolution be taken up for immediate consideration."
Delegate Boggs arose to a point of order concerning the admissibility of the written motion, stating that the House had already dealt with an identical written motion.
The Speaker consulted with the Clerk and replied to the point of order, stating that inasmuch as Delegate Lane had offered a written motion seeking to discharge the Committee on Constitutional Revision from further consideration on H. J. R. 8 on Monday last, and inasmuch as the House had taken an affirmative action on that matter by laying it over, currently pending on Unfinished Business on the House Calendar, and that the currently pending written motion by Delegate Lane was identical to the aforementioned written motion to discharge, the currently pending written motion was not in order.
Special Calendar

Third Reading

Com. Sub. for H. B. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates; 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. 91), 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, Blair, Kominar and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2967) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 92), 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, Blair, Kominar and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2967) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3301, Amending the Division of Labor rule verifying employees legal employment status; 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. 93), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Argento, Blair, Kominar and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3301) passed.
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. 4031, Providing flexibility in the West Virginia public school support plan for funding regional education service agencies; 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. 94), 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, Blair, Kominar and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4031) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 95), 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, Blair, Kominar and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4031) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4081, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; 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. 96), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Lane, J. Miller and Walters.
Absent And Not Voting: Argento, Kominar and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4081) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 97), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Kominar and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4081) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4162, Providing a tax credit for obtaining certain certifications by the United States Green Building Council Leadership; 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. 98), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4162) passed.
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. 4168, Relating to the Emergency Medical Services 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. 99), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4168) passed.
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. 4182, Relating to the emergency medical services retirement system 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. 100), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4182) passed.
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. 4185, Relating to mandatory retirement age of deputy sheriffs; 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. 101), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Swartzmiller.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4185) passed.
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. 4186, Relating to the practice of nursing home administration; 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. 102), and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael, Ireland, McGeehan and J. Miller.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4186) passed.
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. 4328, Establishing centralized filing system for reports required to be filed with the Legislature; on second reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, passed over temporarily.
S. B. 477, Creating centralized filing system for legislative reports; 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. 103), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 477) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
S. B. 477 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as amended, relating to reports to be filed with the Legislature; requiring copies of the reports to be submitted to the Legislative Librarian; requiring the copies to be submitted as required by the Legislative Manager or in electronic form via the Internet; and providing that failure to comply is nonfeasance."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 104), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 477) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4328, Establishing centralized filing system for reports required to be filed with the Legislature; having been postponed until this time, was, on motion of Delegate Boggs, laid upon the table.
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a levying body to present to the voters of Boone County the question of renewing an excess levy for schools; on second reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, passed over temporarily.
S. B. 548, Extending time Boone County Board of Education can meet as levying body; 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. 105), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 548) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 106), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 548) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a levying body to present to the voters of Boone County the question of renewing an excess levy for schools; having been postponed until this time, was, on motion of Delegate Boggs, laid upon the table.
Com. Sub. for H. B. 4455
, Changing the Martinsburg public library to the Martinsburg-Berkeley County Public Library; 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. 107), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4455) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 108), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4455) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4521, Creating a sales tax holiday for purchases of guns and ammunition; 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. 109), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Brown and Doyle.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4521) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9n, relating to creating a sales tax holiday for purchases of firearms during the first weekend in October."
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. 4534, Increasing the criminal penalty for failing to stop and render aid after a motor vehicle accident; Erin's Law; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid over.
Com. Sub. for H. B. 4557, Reviewing all of the Department of Health and Human Resources requests for proposals or change orders valued at over $500,000 prior to their release; 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. 110), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4557) 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. 4559, Relating to the requirements to be certified as a registered forester; 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. 111), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4559) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 112), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4559) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4582, Creating reciprocity for West Virginia small, women and minority-owned businesses who receive such preferences in other states; 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. 113), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4582) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for H. B. 2542, "Jason Flatt Act of 2010"; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4161, Creating the Herbert Henderson Office of Minority Affairs; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B 4164, Creating of a pilot program for the placement of children four to ten years of age in foster care which shall be known as Jacob's Law; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4207, Making it unlawful to send obscene, anonymous, harassing and threatening communications by computer, mobile phone, personal digital assistant or other mobile device; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4211, Providing supplemental funding for providing alternative programs for limited English proficient students; ; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4214, Requiring review and approval of final settlements of Workers' Compensation awards; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit Delegates Miley and Fleischauer to offer an amendment on that reading.
Com. Sub. for H. B. 4223, Increasing the safety of school children that use school buses; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 4223) was advanced to third reading with an amendment pending.
Com. Sub. for H. B. 4306, Relating to public school support computation of local share; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4324, Extending the expiration date of employment of retired teachers beyond the post-retirement employment limit; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4436, Providing discretion to schools that make AYP to use assessments and adopting instructional strategies and programs that promote student learning; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4602, Defining the responsibilities of high school athletic directors;
on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4615, Authorizing political subdivisions to establish risk pools to insure their workers' compensation risks; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4623, Adding six additional members to the Equal Pay Commission, three from the House of Delegates and three from the Senate; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4646, Relating to corporate political accountability; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4647, Relating to the regulation and control of elections; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4652, Establishing a school calendar committee for each county; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4663, Extending the time for certain members to purchase additional service credit for service in the Teachers Defined Contribution Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4373, Eliminating the twelve-month look-back period for certain children who have had employer sponsored insurance,
Com. Sub. for H. B. 4387, Flexible Leave Act,
Com. Sub. for H. B. 4459, Increasing the time in which a dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death,
Com. Sub. for H. B. 4460, Giving licensed appraisers access to PF-11 and PF-12 forms from the county assessors office,
And,
Com. Sub. for H. B. 4486, Relating to tax tickets and other required notifications concerning property taxes.
At 11:48 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving 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. 4155, Permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums and length of service awards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4155 - "A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums; and revising references,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4155) to the Committee on Finance 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:
H. B. 4504, Adopting the Uniform State Military Code of Justice into West Virginia law,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4504 - " A Bill to amend and reenact §15-1E-1, §15-1E-2, §15-1E-3, §15-1E-4, §15-1E-5, §15-1E-6, §15-1E-7, §15-1E-8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15-1E-13, §15-1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-1E-19, §15-1E-20, §15- 1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15-1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E- 29, §15-1E-30, §15-1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-1E-37, §15-1E-38, §15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-1E-43, §15-1E-44, §15-1E-45, §15- 1E-46, §15-1E-47, §15-1E-48, §15-1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E- 54, §15-1E-55, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15-1E-61, §15-1E-62, §15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15-1E-67, §15-1E-68, §15-1E-69, §15-1E-70, §15- 1E-71, §15-1E-72, §15-1E-73, §15-1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-1E- 79, §15-1E-80, §15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15-1E-85, §15-1E-86, §15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90, §15-1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15- 1E-96, §15-1E-97, §15-1E-98, §15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15- 1E-104, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E-108, §15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-113, §15-1E-114, §15-1E-115, §15-1E-116, §15-1E-117, §15-1E-118, §15-1E- 119, §15-1E-120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125, §15-1E-126, §15-1E-127, §15-1E-128, §15-1E-129, §15-1E-130, §15-1E-131, §15-1E-132, §15-1E-133, §15-1E- 134, §15-1E-135, §15-1E-136, §15-1E-137 and §15-1E-138, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eighteen new sections, designated §15-1E- 50a, §15-1E-57a, §15-1E-58a, §15-1E-58b, §15-1E-67a, §15-1E-76a, §15-1E-76b, §15-1E-112a, §15-1E-139, §15-1E-140, §15-1E-141, §15-1E-142, §15-1E-143, §15-1E-144, §15-1E-145, §15-1E- 146, §15-1E-146 and §15-1E-148, all relating to adopting the Uniform State Military Code of Justice; definitions; persons subject to this code and jurisdiction; territorial applicability of the code; apprehension and restraint; nonjudicial punishment; court-martial jurisdiction; appointment and composition of courts-martial; pretrial procedure; trial procedure; sentences after conviction; post- trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions,"
With the recommendation that the committee substitute do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:

Com. Sub. for S. B. 89, Relating to reinstating former police chiefs or deputy chiefs to previously held positions,
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. 89) 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:
H. B. 4323, Prohibiting use of turning lanes for through traffic under certain circumstances,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for 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,"
And,
H. B. 4506, Relating to the revocation of death benefits by divorce,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-5-614, relating to the revocation of death benefits by divorce,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4141, Transferring licensure for private security services from the Secretary of State to the Division of Criminal Justice Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4141 - "A Bill to repeal §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30- 18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15- 14-10, §15-14-11 §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17, §15-14-18 and §15-14-19; and to amend and reenact §30-18-1, all relating to transferring private security services from the Secretary of State to the Division of Criminal Justice Services; license requirement; authority of the Director of the Division of Criminal Justice Services; rulemaking requirements; the creation of the West Virginia Private Security Fund; use of the West Virginia Private Security Fund; eligibility requirements for licensure of private investigators and security services; application requirements for license to do business as a private investigator or security services; requirements of employees under firm license; license renewal requirements; complaint and investigation procedures; due process requirements; grounds for disciplinary action; hearing procedures; judicial review; criminal sanctions; providing that a single act may be evidence of pattern of practice; action for damages; and requiring a report to the Joint Committee on Government Organization,"
And,
H. B. 4273, Relating to professional employer organizations,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4273 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §33-46A-4a, all relating to professional employer organizations; providing that the operation of a professional employer organization constitutes the 'transaction of insurance' subject to the provisions of article forty-four, chapter thirty-three of said code; providing that a professional employer organization operating in this state without a license to do so is an 'unauthorized insurer' and, upon violation of the provisions of article forty-four, chapter thirty-three of said code, is guilty of a felony and providing penalties upon conviction thereof; subjecting unlicensed professional employer organizations to penalty and other provisions regulating the unauthorized transaction of insurance; and authorizing insurance fraud unit to conduct investigations,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4485, Increasing the penalties for overtaking and passing a school bus,
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 Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4485) to the Committee on Finance 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:
H. B. 4630, Relating to refunding of appraisal fees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4630 - "A Bill to amend and reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to refunding of appraisal fees collected by lenders, brokers and mortgage loan originators licensed by the Commissioner of Banking; providing that in the event a loan is not made, the licensee is not required to refund an appraisal fee that is collected and paid to an unrelated third-party appraiser unless required to be refunded pursuant to federal law,"
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. 4604, Increasing the criminal penalties for persons who obstruct, flee from or make false statements to law-enforcement officers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4604 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for persons who obstruct, flee from or make false statements to law-enforcement officers, probation officers and parole officers,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4604) to the Committee on Finance 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:
H. B. 4634, Defining 'spelunking' as a recreational purpose and activity for which a landowner's liability for injury is limited,
And reports the same back with the recommendation that it 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. 3152, Athletic Trainers Registration Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3152 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-20A-1 and §30-20A-2, all relating to athletic trainers; restricting the use of certain titles; providing for registration of athletic trainers; and establishing registration criteria,"
And,
H. B. 4291, Eliminating duplicitous criminal background investigations with both the West Virginia State Police and the Federal Bureau of Investigation,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4291 - "A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to the requirement of criminal background investigations, including fingerprint checks, for applicants seeking approval to engage in certain banking activities under the jurisdiction of the Commissioner of Banking; eliminating the requirement that the investigations be done through both the West Virginia State Police and the Federal Bureau of Investigation; providing that applicants provide fingerprints for submission to the Federal Bureau of Investigation or any governmental agency or entity authorized to receive such information for a state, national or international criminal history check,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4130, Creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4130 - "A Bill to amend and reenact §3-1A-1, §3-1A-4 and §3-1A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16 and §3-12-17, all relating to creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; giving additional duties and per diem pay to the State Election Commission; authorizing the State Election Commission to use video, telephone and Internet conferencing; providing alternative public campaign financing option for candidates for the West Virginia Supreme Court of Appeals in 2012; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the West Virginia Supreme Court of Appeals in the 2012 primary and general elections; establishing the Supreme Court of Appeals Public Campaign Financing Fund and sources of revenue for the fund; authorizing transfer from the Purchasing Card Administration Fund to the fund for three years; authorizing tax checkoff program; authorizing attorney fees; authorizing fair administration of justice court fees; requiring an applicant for public campaign financing to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying candidates; allowing participating candidates to raise funds from private sources and spend exploratory contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the state Election Commission for exploratory and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for challenges to certification; providing for revocation of certification; providing for withdrawal from program; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; providing for repayment of funds under certain circumstances; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the state Election Commission; providing for additional funds when independent expenditures or opponent expenditures exceed certain limits; setting forth certain duties of the state Election Commission and the Secretary of State; authorizing legislative rules; authorizing the creation of a voters' guide; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and expiring the act in 2013,"
H. B. 4222, Exempting antique motor vehicles from personal property taxes,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4222 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5c, relating to the method of establishing the value of antique motor vehicles and antique motorcycles for purposes of ad valorem property taxes,"
H. B. 4349, Updating terms and the process for approval and adoption of instructional resources in public schools,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4349 - "A Bill to amend and reenact §18-2A-1, §18-2A-2, §18-2A-3, §18-2A-4, §18-2A-5, §18-2A-6, §18-2A-7, §18-2A-8 and §18-2A-9 of the Code of West Virginia, 1931, as amended, all relating generally to updating terms and the process for approval and adoption of instructional resources in public schools; replacing the terms 'textbooks,' 'instructional materials' and 'learning technologies' with 'instructional resources' and modifying affected code provisions accordingly; providing approval for adoption cycles and listing of instructional resources on the state multiple list; requiring a method for review and adding new and substantially revised resources to the multiple list; providing for county waivers of adoption cycles; providing method for counties to select new or different resource before end of a contract period; providing a method for vendor update of resources; revising the bidding, selection and approval process; permitting the multiple list to be published in an electronic format; requiring contracts to be filed pursuant to the state board process; providing for review of electronic instructional resources; providing for RESA level selection teams; and ensuring equity of access to electronic instructional resources for all students,"
H. B. 4397, Requiring the Superintendent of the State Police to implement a plan to increase the number of troopers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4397 - "A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of eight hundred troopers by July 1, 2014,"
H. B. 4541, Authorizing circuit court judges and magistrates to utilize county or municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4541 - "A Bill to amend and reenact §31-20-9, §31-20-10 and §31-20-32 of the Code of West Virginia, 1931, as amended, all relating to authorizing circuit court judges and magistrates to utilize county or municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days; eliminating any restrictions for county or municipal jails to be used only as holding facilities; and distributing certain processing fees to municipalities or counties,"
H. B. 4667, Requiring the Commissioner of Highways to maintain school bus turnarounds in the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4667 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to requiring the Commissioner of Highways to maintain school bus turnarounds in the state and requiring the county board of education to obtain authorization of private land owners for school bus turnarounds,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4527, Limiting the liability of apiary owners and operators,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4527 - "A Bill to amend and reenact §19-13-4 of the Code of West Virginia, 1931, as amended, relating to limiting the liability of apiary owners and operators,"
With the recommendation that the committee substitute do pass.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento and Kominar.
At 3:06 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 1, 2010.