hdj2011-02-14-34

__________*__________

Monday, February 14, 2011
THIRTY-FOURTH 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 Friday, February 11, 2011, 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 introduction of resolutions.
Resolutions Introduced
Delegates Howell, Andes, Armstead, Azinger, Barill, Barker, Border, Butcher, D. Campbell, Cann, Canterbury, Caputo, Carmichael, Crosier, Ellem, Evans, Ferns, Frazier, Gearheart, Hall, Hamilton, Householder, Hunt, Iaquinta, Ireland, Kump, Lane, Manchin, Martin, Michael, C. Miller, Moore, O'Neal, Pasdon, Paxton, R. Phillips, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner and Walker offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 70 - "Requesting the Division of Highways to name the bridge on US Route 220 which crosses the North Branch of the Potomac River in the city of Keyser, Mineral County, West Virginia, bridge number 29-220-14.83, as the 'Memorial Bridge'."
Whereas, Veterans of the United States Armed Forces have served and protected our great nation in times of war and peace; and
Whereas, By serving their country our Veterans know all too well the true meaning of the quote, "Freedom is never free"; and
Whereas, Their sacrifice and bravery can never be repaid by those who enjoy the freedoms our soldiers have fought to protect; and
Whereas, While it is a small gesture of our appreciation to those brave men and women that serve, naming a bridge after them will hopefully show them how much we appreciate their dedicated service; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 29- 220-14.83 located on US Route 220 which crosses the North Branch of the Potomac River in the city of Keyser, Mineral County, West Virginia, "Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be "Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
Delegate Perry offered the following resolution, which was read by the Clerk as follows:
H. R. 21 - "Designating February 14, 2011, as 'Corrections Day'."
Whereas, It is the mission of the West Virginia Division of Corrections to provide a safe, secure and humane correctional system for the public, staff and offenders; and
Whereas, The adult correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and Whereas, West Virginia was ranked 34th in the nation in 2007, with an incarceration rate of 333 per 100,000 residents. That between 2000 and 2006, West Virginia had the fastest growing prison population in the nation; and
Whereas, Commitments to the Division of Corrections grew by 21.9% in 2007, resulting in 3,449 new inmates and that parole violators comprised a high of 14.0% of all new commitments in 2007; and
Whereas, In 2007, only 4.9% of all parole violators were returning due to the commission of a new crime. That in 2006, 75.9% of new admissions were for nonviolent crimes; and
Whereas, As of December 2007, West Virginia's correctional population was almost two and one-half times its size in 1995. In 2007 property offenders comprised the largest group of inmates confined in the total prison population at 19.2%. That between 2000 and 2004, 37.1% of inmates were released on parole compared to 51.5% between 2005 and 2007 so over half (54.8%) of all inmates released in 2007 were granted parole. Therefore, the parole grant rates increased by 9.0% between 2006 and 2007; and
Whereas, West Virginia's correctional population is forecasted to increase at an average annual growth rate of 5.6% over the next decade and according to the forecast, the Division of Corrections can expect to receive approximately 430 additional inmates per year. Therefore, the correctional population is expected to reach 8,530 inmates in 2012 and 10,304 in 2017; and
Whereas, The information provided in this resolution will assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population as well as providing adequate pay, benefits, and a safe secure workplace for the employees in the correctional system; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 14, 2011, as "Corrections Day"; and, be it
Further Resolved, That the House of Delegates recognizes the exceptional service and commitment of the employees of the Division of Corrections; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Director of the Division of Corrections.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 21) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 31, The "Ranger Veteran's Memorial Bridge",
H. C. R. 39, The "Justin Frye Memorial Bridge",
And,
H. C. R. 42, The "PFC William A. Lawrence Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
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. 2555, Establishing the misdemeanor offense of operating a motor vehicle while sending, reading or receiving a text message,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2555- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the misdemeanor offense of operating a motor vehicle while sending, reading or receiving a text message; providing exceptions; providing definitions; and establishing a traffic offense for violations which may not be considered a misdemeanor; and providing for penalties,"
With the recommendation that the committee substitute do pass.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 2762, Revising the County Economic Opportunity Development District Act,
And reports the same back with the recommendation that it do pass, and with the recommendation that reference of the bill to the Committee on the Judiciary be dispensed with, but that it be referred to the Committee on Finance.
In the absence of objection, reference of the bill (H. B. 2762) to the Committee on the Judiciary was abrogated.
In accordance with the former direction of the Speaker, the bill was then referred to the Committee on Finance.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2882, Relating to the Commissioner's Assessment and Examination Fund,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2882 - "A Bill to amend and reenact §31A-2-8 of the Code of West Virginia, 1931, as amended, relating to the Commissioner's Assessment and Examination Fund; allowing the Commissioner of Banking to assess state banking institutions quarterly rather than on a semiannual basis by establishing additional assessment dates on April 1 and October 1; and providing that the Commissioner of Banking shall prepare and send bank assessments by March 15 and September 15,"
With the recommendation that the committee substitute do pass, and with the recommendation that 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. 2882) to the Committee on the Judiciary was abrogated.
Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2962, Increasing the amount of a fine or penalty the Commissioner of Banking may impose on residential mortgage brokers and lenders,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2962 - "A Bill to amend and reenact §31-17-12 of the Code of West Virginia, 1931, as amended, relating to imposition of a fine or penalty by the Commissioner of Banking on residential mortgage brokers and lenders for a violation of the West Virginia Residential Mortgage Lender, Broker and Servicer Act; increasing the maximum amount of a fine or penalty that may be imposed from $1000 to $2000 for each violation; removing the requirement of prior notification from the commissioner before a fine or penalty may be imposed upon an unlicensed person who engages in the business or holds himself or herself out to the public as a mortgage lender or mortgage broker; and clarifying that a fine or penalty may be imposed for a violation of the Act,"
With the recommendation that the committee substitute do pass, and with the recommendation that 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. 2962) 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. 3004, Relating to the Greater Huntington Park and Recreation District,
And reports the same back with the recommendation that it do pass, with the recommendation that reference of the bill to the Committee on Finance be dispensed with and with the recommendation that it be further referred to the Committee on the Judiciary.
In the absence of objection, reference of the bill (H. B. 3004) to the Committee on Finance was abrogated and the bill was then referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Perdue, Boggs, White, Kominar, Skaff, Varner, Michael and Evans:

H. B. 3117 - "A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated section §11-27-38, relating to health care provider taxes; maximizing federal funding for the state Medicaid program; increasing the health care provider tax imposed on gross receipts of providers of certain eligible acute care hospitals contingent upon federal approval of a Medicaid state plan amendment; providing for the collection and administration of the increased health care provider tax on certain eligible acute care hospitals; and providing an effective date and expiration date"; to the Committee on Finance.
By Delegate Doyle:

H. B. 3118 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-11-3, relating to requiring a private developer who includes a new water system in a development project to use a public entity for the construction of the water system unless at least two competitive bids for the water system are obtained"; to the Committee on Political Subdivisions then Finance.
By Delegates Hartman, Pethtel, Perry, Williams and Evans:

H. B. 3119 - "A Bill to amend and reenact §16-13A-7 of the Code of West Virginia, 1931, as amended, relating to increasing the expenditure limit from $15,000 to $25,000 on public service district construction and purchase contracts before competitive bids are required"; to the Committee on Political Subdivisions then Finance.
By Delegates Caputo, Manypenny, Poore, Wells, Moore, Skaff, Frazier, Brown, Longstreth, Barker and Hamilton:

H. B. 3120 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3 and §5B-2H-4, all relating to creating the Keep Jobs in West Virginia Act; requiring all work performed for the state by contractors be performed in the United States; making legislative findings; permitting the state to seek damages and void contracts for work done outside the country; and providing exceptions"; to the Committee on Finance.
By Delegates Sobonya and C. Miller:

H. B. 3121 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to shortening the statutory time period during which a municipality or metro government may enact ordinances, acts, resolutions, rules or regulations"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Walker, Caputo, Shaver, Barker, Butcher, Ellem, Perry, Snuffer and Martin:

H. B. 3122 - "A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21-1B-3 of said code, all relating to allow the West Virginia State Police and the Division of Labor to confirm the validity of an employees identification card"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Hatfield, Mahan, Frazier, Hartman, Marshall, Canterbury, Moore and Guthrie:

H. B. 3123 - "A Bill to amend and reenact §30-21-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §49-7-36, all relating to encouraging the use of telemedicine, telepsychology and video conferencing in order to make child welfare system more effective and efficient; defining telepsychology and specifying it is considered to be practicing psychology for licensing requirements"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Kominar, Williams and Walker

[By Request of the Transportation Department - Division of Highways]:
H. B. 3124 - "A Bill to amend §17C-5A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17C-5C-4a, all relating administrative hearings for suspension and revocation of licenses for driving while under the influence of alcohol, controlled substances or drugs; providing that the Office of Administrative Hearings send notices of hearings to the Division of Motor Vehicles and the Attorney General if the Attorney General has filed a notice of appearance and deleting the requirement that notice be sent to the county prosecuting attorney; providing the Office of Administrative Hearings subpoena authority; providing that the failure to obey a subpoena constitutes a misdemeanor punishable by a fine up to $500; deleting the provision that a hearing notice sent by certified or registered mail to a law-enforcement officer constitutes a subpoena to appear; providing authority to impose certain fees; creating a special revenue account to support the activities of the Office of Administrative Hearings; and authorizing rulemaking"; to the Committee on the Judiciary then Finance.
By Delegates Householder, Staggers, Kump and Romine:

H. B. 3125 - "A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to repeal §20-2-19a of said code; to repeal §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and §61-7A-5 of said code; to amend and reenact §2-2-1 of said code; to amend and reenact §5A-4-3 of said code; to amend and reenact §6-3-1 and §6-3-1a of said code; to amend and reenact §7-1-3 of said code; to amend and reenact §7-4-1 of said code; to amend and reenact §7-11-5 of said code; to amend and reenact §7-14E-2 of said code; to amend and reenact §8-12-5 of said code; to amend and reenact §8-29B-5 of said code; to amend and reenact §15-2-24b and §15-2-25 of said code; to amend and reenact §15-5-6 and §15-5-19a of said code; to amend and reenact §17C-2-3 of said code; to amend and reenact §18C-5-2 of said code; to amend and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of said code; to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-2a, §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-32, §20-2-37, §20-2-42l, §20-2-42p, §20-2-46e and §20-2-58 of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; to amend and reenact §24A-7-6 of said code; to amend and reenact §25-1-11c of said code; to amend and reenact §27-3-1 of said code; to amend and reenact §32-4-407 of said code; to amend and reenact §33-41-8 of said code; to amend and reenact §44A-2-6 of said code; to amend and reenact §48-27-403, §48-27-502, §48-27-601 and §48-27-1002 of said code; to amend and reenact §49-2B-3 of said code; to amend and reenact §50-1-14 of said code; to amend and reenact §55-18-1 of said code; to amend and reenact §61-5-8 of said code; to amend and reenact §61-6-1a and §61-6-19 of said code; to amend and reenact §61-7-1, §61-7-2, §61-7-3, §61-7-4, §61-7-5, §61-7-7, §61-7-9, §61-7-10, §61-7-11a, §61-7-12 and §61-7-14 of said code; to amend and reenact §61-7A-2, §61-7A-3 and §61-7A-4 of said code; to amend and reenact §61-11-9 of said code; to amend and reenact §62-12-6 of said code; to amend said code by adding thereto a new section, designated §15-2-25a; to amend said code by adding thereto a new section, designated §18C-1-6; to amend said code by adding thereto a new section, designated §27-5-6; to amend said code by adding thereto a new section, designated §30-29-11; to amend said code by adding thereto a new section, designated §48-22-804; to amend said code by adding thereto a new section, designated §55-18-3; to amend said code by adding thereto nine new sections, designated §61-7-11b, §61-7-11c, §61-7-13, §61-7-14a, §61-7-15a, §61-7-16, §61-7-17, §61-7-18, §61-7-19 and §61-7-20; to amend said code by adding thereto a new section, designated §61-11-27; to amend said code by adding thereto two new sections, designated §64-5-1a and §64-5-1b; to amend said code by adding thereto a new section, designated §64-7-3a; to amend said code by adding thereto two new sections, designated §64-10-3a and §64-10-3b; and to amend said code by adding thereto a new article, designated §64-12-1 and §64-12-2, all relating to the regulation of firearms and other deadly weapons; providing uniform statutory definition of 'business days' for purposes of computation of time; providing that the rights of local conservators of the peace and reserve deputy sheriffs to keep and bear arms as private citizens are neither enlarged nor diminished by virtue of their positions; clarifying various grants of authority to certain state officers and agents to carry firearms and concealed weapons while on duty; codifying common law arrest powers of prosecuting attorneys and assistant prosecuting attorneys; repealing special fees for fingerprinting services for applicants for federal firearm licenses; repealing authority of municipalities to prohibit the carrying of certain weapons; limiting access to records pertaining to licenses to carry concealed weapons, qualified retired law-enforcement officers qualified to carry concealed firearms pursuant to the federal Law Enforcement Officers Safety Act of 2004 and licensed hunters, trappers and fishermen; requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed weapons shall be deemed a West Virginia license to carry concealed weapons for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off-duty; requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law Enforcement Officers Safety Act of 2004; establishing program for issuing special qualified retired law-enforcement officer concealed firearm license by the State Police; authorizing legislative rules; providing that special qualified retired law-enforcement officer concealed firearm license is cumulative and supplemental; prohibiting state financial assistance to higher education institutions that infringe upon an individual's right to keep and bear arms as provided by law; expanding prohibition on interference with hunters, trappers and fishermen to include the lawful possession or control of lawfully-taken wildlife; prohibiting certain harassment, intimidation or threats against hunters, trappers or fishermen; providing exemptions to prohibited acts relating to interference with hunters, trappers and fishermen; providing exemption from prohibited acts relating to interference with hunters, trappers and fishermen for constitutionally-protected activities; increasing criminal penalties for interference with hunters, trappers and fishermen; providing civil remedies for unlawful interference with hunters, trappers and fishermen; clarifying that hunting statutes generally do not prohibit the otherwise lawful carrying of handguns for self-defense purposes; exempting persons who are licensed or otherwise authorized to lawfully carry concealed weapons from certain limitations on how firearms may be carried or transported; providing additional lawful means for the transportation of rifles and shotguns in or on vehicles and vessels; clarifying language on Sunday hunting local option election ballots to accurately state the nature of the question propounded; modifying restrictions relating to discharging firearms near residences, parks and certain other public places; consolidating and clarifying certain penalty provisions; requiring notice of a guardianship or conservatorship hearing to include a warning of the potential consequences of the guardianship or conservatorship action on the alleged protected person's ability to lawfully possess firearms; requiring domestic violence protective orders to contain certain warnings about implications of order on legality of firearms possession; clarifying effect of protective orders on legality of firearms possession; prohibiting an adoption agency or entity from making suitability determinations based on, requiring disclosure relating to, or restricting the lawful possession, storage or use of a firearm or ammunition; providing immunity from civil liability for certain firearms safety instructors, course providers, sponsoring organizations and participants; modifying area covered by prohibition on transporting restricted articles on correctional facility premises; prohibiting the taking of lawfully possessed arms and ammunition during a declared state of emergency or riot; repealing prohibition on bringing weapons upon the state Capitol Complex; declaring legislative findings and intent; defining terms; limiting requirement of license to carry concealed weapons to enumerated locations; providing additional exemptions to requirement of license to carry concealed weapons; granting full faith and credit to all qualified out-of-state license or permit to carry concealed weapons held by qualifying out-of-state licensees; requiring certain persons who lawfully carry a concealed weapon without a license to inform the law-enforcement officer and submit to certain requests by the law-enforcement officer when the person is contacted by a law-enforcement officer; providing procedures for ascertaining the existence of a license or other lawful authorization to carry a concealed weapon; establishing certain rebuttable presumptions regarding the existence or absence of evidence of a license or other lawful authorization to carry a concealed weapon; establishing multiple classes of licenses to carry concealed weapons; prescribing eligibility criteria for each class of license; repealing limitation of licenses to carry concealed weapons to pistols and revolvers only; repealing license to carry concealed weapons fee surcharge for Courthouse Facilities Improvement Fund; requiring the inclusion of certain information on applications for licenses to carry concealed weapons; modifying eligibility criteria for licenses to carry concealed weapons; specifying information to be provided in application for license to carry concealed weapons; requiring applicants for licenses to carry concealed weapons to provide specified documentation with application; specifying required components of background investigations of applicants for licenses to carry concealed weapons; requiring background check on applicants for licenses to carry concealed weapons to determine an applicant's eligibility to possess or transport firearms under state and federal law; requiring fingerprint-based state and national criminal and mental health background checks on applicants for Class 1 licenses; establishing a State Police Concealed Weapons License Background Check Administration Fund; source of funds; use of funds; authorizing expenditures from collections; converting county concealed weapons license administration funds to perpetual revolving accounts; repealing authority of sheriff to expend surplus funds in county concealed weapons license administration fund; establishing additional means of fulfilling requirement of demonstrating basic competence with a handgun; prescribing additional requirement for Class 1, 2 and 4 licenses of completing certain live fire shooting exercises and passing live fire shooting proficiency test; requiring instructors of live fire shooting proficiency tests to maintain records on students; modifying time limit for sheriffs to act on applications for licenses to carry concealed weapons; conforming requirements for Social Security number solicitations on applications for licenses to carry concealed weapons to Section 7 of the federal Privacy Act of 1974; establishing a uniform system of numbering and indexing all licenses to carry concealed weapons throughout the state; specifying the form and contents of licenses to carry concealed weapons; establishing provisions governing the change of a licensee's name or address; modifying the license expiration and renewal cycle; prorating license fees; extending licenses of active-duty members of the Armed Forces while deployed; requiring Commissioner of Motor Vehicles to produce license cards upon request of sheriff; payment of cost of producing license cards; transferring responsibility for preparing license applications and other forms from Superintendent to Attorney General; requiring sheriffs to accept certain methods of payment for fees for licenses to carry concealed weapons; establishing procedure for appealing the suspension or revocation of a license to carry concealed weapons; specifying form of notice of denial, suspension or revocation of a license to carry concealed weapons; specifying whether a license to carry concealed weapons shall be suspended or revoked; establishing optional procedure for reconsidering denial, suspension or revocation of license prior to judicial appeal; closing proceedings and sealing records in judicial appeals of denials, suspension and revocations of licenses to carry concealed weapons; modifying immunity from civil liability for certain acts relative to concealed weapons licensing; declaring licensing statute to be comprehensive and preemptive; requiring courts to determine whether individuals in proceedings resulting in disqualification from licensure are licensed to carry a concealed weapon; requiring court to notify issuing agency upon a licensee becoming disqualified for certain causes from continued licensure to carry concealed weapons; requiring sheriffs to issue notice of license expiration and renewal process; contents of notice; providing criminal penalties for fraudulently obtaining or unlawfully disclosing confidential information about individuals who have applied for or been issued licenses to carry concealed weapons; establishing provisions for the use of an alternate address by certain classes of protected persons; requiring the Attorney General to periodically notify the Attorney General and licensing authority of each state of this state's recognition of qualified out-of-state license or permit to carry concealed weapons held by qualifying out-of-state licensees; requiring the Attorney General to negotiate and execute reciprocity agreements to secure recognition of West Virginia licenses when required by other states as a condition of recognizing West Virginia licenses; requiring the Attorney General and the Superintendent of the State Police to provide certain annual reports to the Legislature; requiring the Attorney General to publish and annually revise a compendium of firearm and use of force laws; providing for the disposition of applications for licenses to carry concealed weapons filed before and pending on the effective date of this act; providing for classification of licenses to carry concealed weapons in effect on the effective date of this act; specifying procedures for upgrading or modifying class of license to carry concealed weapons; establishing emergency license to carry concealed weapons; eligibility criteria; license fee; creating uniform rule concerning the requirement to carry and exhibit license when carrying a concealed weapon for both West Virginia licensees and qualified out-of-state licensees; conforming classes of persons prohibited from possessing firearms to federal law; clarifying conflicting statutory language; prohibiting certain persons from carrying a concealed weapon in a public place; providing additional procedures for relief from weapons disabilities; designating officials authorized to certify the transfer and registration of firearms subject to the National Firearms Act; establishing time limit for designated officials to act on requests for certification; establishing uniform standard for approving or denying requested certifications; providing immunity from civil liability for lawfully performing required certifications; prohibiting licensed firearm dealers from refusing to sell or otherwise transfer a firearm to any person solely on the basis that the person purchased a firearm that was later the subject of a law-enforcement trace request; requiring licensed firearms dealers to perform certain acts incident to firearm sales or transfers; prohibiting the purchase or attempt to purchase a firearm from a firearm dealer by certain persons; increasing criminal penalties for any person other than a law-enforcement officer who knowingly solicits, persuades, encourages or entices any other person to violate firearm sales laws; civil remedies for unlawful denial or delay of firearm sale or transfer; specifying areas subject to prohibition on possession of deadly weapons on school premises; providing exceptions; creating separate offense for possessing deadly weapon in school safety zone with the intent to use the deadly weapon unlawfully or to threaten or endanger another person; providing criminal penalties; reducing criminal penalties for unlawful possession of deadly weapon in school safety zones without the intent to use the deadly weapon unlawfully or to threaten or endanger another person; modifying requirements and procedures for suspending or revoking driver's license of person convicted of or adjudicated a juvenile delinquent for such offenses; prohibiting the possession or conveyance of deadly weapons into certain areas of courthouses and other places where judicial proceedings are held; declaring certain persons exempt; requiring establishment of secure weapon storage areas and posting of signs; providing for the consolidation of required signage and secure weapon storage areas when premises contained within secure restricted access area; providing for the establishment of secure restricted access areas in certain public buildings; procedures for establishment; prohibiting the possession of or conveyance of deadly weapons into secure restricted access areas; providing criminal penalties for possessing or conveying deadly weapons into restricted premises; signage requirements; requiring the provision of secure weapon storage areas at secure restricted access areas for individuals to lawfully store firearms before entering secure restricted access area; providing additional criminal penalties for the use or possession of firearms or other weapons during the commission of specified crimes; exempting certain officers, employees and agents of the United States, this state or a political subdivision of this state from restrictions or prohibitions on possessing weapons imposed by private property owners; requiring all private property owners that have legally restricted or prohibited the possession or carrying of weapons on their premises to give notice of such prohibitions or restrictions by posting specified signs; format of signs; effect of failure to properly post signs indicating such prohibition or restriction; providing immunity from civil liability to private property owners and private employers for certain acts or omissions of individuals licensed to carry concealed weapons or authorized to carry concealed weapons without a license if the private property owner or private employer voluntarily refrains from restricting the possession or carrying of deadly weapons by individuals licensed to carry concealed weapons or authorized to carry concealed weapons without a license; prohibiting a public or private employer from prohibiting a customer, employee or invitee from possessing any legally owned firearm or concealable weapon that is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot; prohibiting a public or private employer from violating the privacy rights of a customer, employee or invitee by verbal or written inquiry regarding the presence of a firearm or concealable weapon inside or locked to a private motor vehicle in a parking lot or by the search of a private motor vehicle in a parking lot to ascertain the presence of a firearm or concealable weapon within the vehicle; prohibiting actions by a public or private employer against a customer, employee or invitee based upon verbal or written statements concerning possession of a firearm or concealable weapon stored inside a private motor vehicle in a parking lot for lawful purposes; providing conditions under which a search of a private motor vehicle in the parking lot of a public or private employer may be conducted; prohibiting a public or private employer from conditioning employment upon specified licensure status or upon a specified agreement; prohibiting a public or private employer from attempting to prevent or prohibiting any customer, employee or invitee from entering the parking lot of the employer's place of business because the private motor vehicle of a customer, employee or invitee contains a legal firearm or concealable weapon; prohibiting public or private employers from terminating the employment of or otherwise discriminating against an employee, or expelling a customer or invitee, for exercising his or her right to keep and bear arms or for exercising the right of self-defense; providing a condition to the prohibition; providing that such prohibitions apply to all public-sector employers; providing that, when subject to the prohibitions imposed by law, a public or private employer has no duty of care related to the actions prohibited; providing specified immunity from liability for public and private employers; providing nonapplicability of such immunity; providing construction; providing exceptions to certain prohibitions; providing for enforcement of certain prohibitions; providing for the award of reasonable personal costs and losses; providing for the award of court costs and attorney's fees; declaring the provisions of the West Virginia Code to be the sole means by which the keeping and bearing of arms may be regulated; preempting any ordinance, rule, policy or administrative action inconsistent therewith; exceptions; providing for enforcement of prohibition on additional regulation of firearms or concealable weapons; providing rules of construction; prohibiting the registration of firearms or firearm owners; exceptions; compliance period for purging prohibited registries; limiting seizures of concealable weapons; providing remedies for unlawful seizure of concealable weapon; providing civil and criminal penalties for certain acts in violation of an individual's right to keep and bear arms; defining certain acts as per se official misconduct for purposes of removing public official from office; establishing regulations for gun buy-back programs; establishing procedures to protect interests of owners of stolen firearms and preserve evidence of certain crimes; requiring certain firearms disposed by a public agency to be offered for sale to licensed firearm dealers by public auction or sealed bids; procedures for public sale of certain firearms; requiring award of court costs and attorney's fees in certain cases; clarifying conflicting statutory language; updating references to licenses to carry concealed weapons in the state central mental health registry law; clarifying the permissible use of records in the central state mental health registry; establishing statute of limitations for prosecuting certain crimes; authorizing the set aside and expungement of certain criminal convictions involving misdemeanor crimes of domestic violence; defining eligible offenses; form and contents of petition; filing fee; service and notice requirements; prosecutor, victim and state agency opposition to petition; court procedure for hearing and ruling upon the petition; presumptions and burdens of proof; establishing procedures for expunging records; effects of set aside and expungement; and repealing or revising various archaic language"; to the Committee on the Judiciary then Finance.
Special Calendar
Unfinished Business
H. C. R. 29, The "Simpson Brothers Veterans Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading
S. B. 255, Making supplementary appropriation of unappropriated moneys to various accounts; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 75), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Cowles, Householder, Howell, J. Miller and Savilla.
Absent and Not Voting: Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 255) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 76), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Cowles, Householder, Howell, J. Miller and Savilla.
Absent and Not Voting: Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 255) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2161, Creating the Herbert Henderson Office of Minority Affairs; 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. 77), and there were--yeas 90, nays 9, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Ellington, Gearheart, Householder, Howell, Kump, J. Miller, Savilla and Sigler.
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2161) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 78), and there were--yeas 91, nays 8, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Ellington, Gearheart, Householder, Howell, Kump, J. Miller and Savilla.
Absent and Not Voting: Walters.
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. 2161) 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. 2248, Expanding the list of federal law-enforcement officers who are extended the authority of state and local law-enforcement officers to enforce the laws of this state; 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. 79), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2248) 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. 2347, Extending the maximum length of protective orders in domestic violence; 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. 80), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2347) 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. 2695, Relating to the educational broadcasting authority; 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. 81), and there were--yeas 93, nays 6, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Gearheart, Howell, Lane, J. Miller and Savilla.
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2695) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 82), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Gearheart, Howell, J. Miller and Savilla.
Absent and Not Voting: Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2695) 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. 2922, Establishing the felony offense of causing serious bodily injury to another person by a person who is driving under the influence of alcohol, controlled substances or other drugs; 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. 83), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2922) 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. 2935, Repealing an outdated article of election code relating to voting systems; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
On motion of Delegate Miley, the bill was amended on page one, by adding an enacting section to read as follows:
"That the Code of West Virginia, 1931, as amended, be amended and reenacted, that §3-4-1, §3-4-2, §3-4-3, §3-4-4, §3-4-5, §3-4-6, §3-4-7. §3-4-8, §3-4-9, §3-4-10, §3-4-11, §3-4-12, §3-4-12a, §3-4-13, §3-4-14, §3-4-15, §3-4-16, §3-4-17, §3-4-18, §3-4-19, §3-4-20, §3-4-21, §3-4-22, §3-4-23, §3-4-24, §3-4-25, §3-4-26, §3-4-27, §3-4-28, §3-4-29, §3-4-30, §3-4-31 and §3-4-32 of said code be repealed, and that §50-1-1 of said code be amended and reenacted, all to read as follows:"
And,
On page two, line seven, following the period, by inserting the following:
"CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-1. Magistrate court created.
There is hereby created in each county of this state a magistrate court with such numbers of magistrates for each court as are hereafter provided. There shall be elected by the voters of each county, at the general election to be held in the year one thousand nine hundred seventy-six, and in every fourth year thereafter, such number of magistrates as is provided in section two of this article. The filing fee for the office of magistrate shall be one percent of the annual salary. The term of magistrates shall be for four years and shall begin on the first day of January of the year following the year of election.
In counties where voting machines or electronic voting systems are used, the procedures of section eleven, article four, chapter three and section twelve, article four-a of said chapter three of this code shall apply respectively to the election of magistrates in the same manner as they apply to the election of members of the House of Delegates.
Notwithstanding the provisions of section seven, article five, chapter three of this code, for purposes of the primary election to be held in the year one thousand nine hundred seventy-six, the last day for filing certificates of candidacy for the office of magistrate shall be extended to the twenty-seventh day of February of that year."
There being no further amendments and having been engrossed, the bill was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 84), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2935) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
H. B. 2935 - "A Bill to repeal §3-4-1, §3-4-2, §3-4-3, §3-4-4, §3-4-5, §3-4-6, §3-4-7. §3-4-8, §3-4-9, §3-4-10, §3-4-11, §3-4-12, §3-4-12a, §3-4-13, §3-4-14, §3-4-15, §3-4-16, §3-4-17, §3-4-18, §3-4-19, §3-4-20, §3-4-21, §3-4-22, §3-4-23, §3-4-24, §3-4-25, §3-4-26, §3-4-27, §3-4-28, §3-4-29, §3-4-30, §3-4-31 and §3-4-32 of the Code of West Virginia, 1931, as amended, and to amend and reenact §50-1-1 of said code, all relating to outdated and obsolete sections concerning voting machines in general no longer approved for use in elections."
H. B. 2989, Creating a process by which the West Virginia Racing Commission may grant stay requests; on third reading, coming up in regular order, was read a third time.
Delegate Lawrence requested to be excused from voting on the passage of H. B. 2989 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Lady from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 85), and there were--yeas 94, nays 5, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Ireland, Sobonya and Sumner.
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2989) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2989 - "A Bill to amend and reenact §19-23-16 of the Code of West Virginia, 1931, as amended, relating to changes in the way the Racing Commission considers appeals of decisions made by stewards or judges, and adding the term 'judges' to the code section."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2990, Changing the renewal of Racing Commission-issued occupational permits; on third reading, coming up in regular order, was read a third time.
Delegate Lawrence requested to be excused from voting on the passage of H. B. 2990 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Lady from voting.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 86), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2990) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
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. 2164, Relating to public school support computation of local share,
Com. Sub. for H. B. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot access to be made public and verified,
Com. Sub. for H. B. 2613, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
Com. Sub. for H. B. 2709, Allowing county school boards to enter into energy-saving contracts,
Com. Sub. for H. B. 2949, Providing definitions of "low income" for purposes of property tax relief programs,
Com. Sub. for H. B. 3021, Adding two new members to the Comprehensive Behavioral Health Commission,
Com. Sub. for H. B. 3028, Expanding the responsibilities of the Maternal Mortality Review Team,
H. B. 3115, Making a supplementary appropriation to the Department of Education -State Aid to Schools,
And,
H. B. 3116, Relating to the authority of school curriculum teams and local school collaborative processes.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Walters.
At 11:43 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 15, 2011.