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.