hdj2009-02-13-03
__________*__________
Friday, February 13, 2009
THIRD DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 12, 2009, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2226, Respiratory Care, Student Temporary Permits,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2226) was referred to
the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk
and his or her staff,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2305 - "A Bill to amend and reenact §51-1-11 of the Code of West
Virginia, 1931, as amended, relating to the clerks office of the Supreme Court; revising appointment,
bonding and compensation provisions of the clerk; and revising appointment and compensation
provisions of clerks office staff,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2306, Relating to impersonation of a public official or employee,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2306 - "A Bill to amend and reenact §61-5-27a of the Code of West
Virginia, 1931, as amended, relating to the impersonation of a public official or employee,"
With the recommendation that the committee substitute do pass.
Resolutions Introduced
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. R. 8 - "Creating a Select Committee on Federal Stimulus Utilization."
Resolved by the House of Delegates:
That for the remainder of the 79th Legislature, there is hereby created a Select Committee
on Stimulus Utilization, consisting of not more than five members of the House of Delegates, to be
appointed by the Speaker. Notwithstanding the provisions of any House Rule to the contrary, the
Select Committee hereby created shall review legislation, receive testimony, evaluate and
recommend action to the Speaker of the House relating to all issues relevant to any stimulus
legislation passed into law by the federal government, including, but not limited to, achieving the
maximum economic impact of the federal stimulus legislation for the State of West Virginia,
ascertaining all requirements necessary to leverage available federal funds, recommending those
projects and sectors that provide the best opportunity for long term job creation and economic
growth, providing for transparency of government spending, and assuring equality and fairness in
economic opportunities created by the federal stimulus legislation
; and, be it
Further Resolved, That the rules of the House governing Standing Committees shall govern
the actions and proceedings of this Select Committee insofar as applicable.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Argento, Martin, Perry, Caputo, Eldridge, Hamilton, Varner, White, Kominar and Campbell:
H. B. 2338 - "A Bill to amend and reenact §18-7A-25 of the Code of West Virginia, 1931,
as amended, relating to the waiting period required for teachers to collect disability retirement
benefits"; to the Committee on Pensions and Retirement then Finance.
By Delegate Reynolds:
H. B. 2339 - "A Bill to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as
amended, relating to allowing a hospital physician to decline performing an abortion when a
mother's life is not in imminent danger"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Doyle and Campbell:
H. B. 2340 - "A Bill to amend and reenact §18B-10-5 and §18B-10-6 of the Code of West
Virginia, 1931, as amended, all relating to fee waivers to certain students and faculty and staff at
institutions of higher education at undergraduate and graduate levels; applying this exemption to all
institutions; and extending the exemption to nonresident faculty and staff only up to the amount of
in-state tuition"; to the Committee on Education then Finance.
By Delegates Perry, Staggers, Duke, Reynolds, Rodighiero, Williams and Crosier:
H. B. 2341 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-38, relating to requiring the State Board of Education to
create a school drug safety program; and specifying minimum requirements for the program"; to the
Committee on Education then Finance.
By Delegate Hamilton:
H. B. 2342 - "A Bill to amend and reenact §49-5-10 of the Code of West Virginia, 1931, as amended, relating to adding child abuse and neglect which results in serious bodily injury to the list
of crimes for which a juvenile may be charged as an adult"; to the Committee on the Judiciary.
By Delegates Michael, Hartman, Crosier, Argento, Williams and D. Poling:
H. B. 2343 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6,
§19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and
§19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code;
and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive
cervid farming as an agricultural enterprise in this state; powers and duties of the Department of
Agriculture; promulgation of rules; duties and obligation of the commissioner; application process;
issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition
of current facilities; noncompliance with article and providing for certain criminal penalties and
remedies"; to the Committee on Natural Resources then the Judiciary.
By Delegates Perry, Shaver, Beach, Moore, Klempa, Hatfield, Mahan, Williams and
Michael:
H. B. 2344 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6,
§19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and
§19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code;
and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive
cervid farming as an agricultural enterprise in this state; powers and duties of the Department of
Agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition
of current facilities; noncompliance with article and providing for certain criminal penalties and
remedies"; to the Committee on Health and Human Resources then Finance.
By Delegate Beach:
H. B. 2345 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to the exemption of retirement benefits from state personal income taxes,
teachers who elected, on or before March 6, 1972, to participate to the fullest extent permitted in the
State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hatfield, Brown, Fleischauer, Guthrie, Hutchins, Manchin, Perdue, Perry
and Williams:
H. B. 2346 - "A Bill to amend and reenact §5-16-15 of the Code of West Virginia, 1931, as
amended, relating to the Public Employees Insurance Act; making optional plans available as a
section 125 plan of the Internal Revenue Service or as part of the preferred provider benefits"; to the
Committee on Banking and Insurance then Finance.
By Delegates Webster, Brown, Manchin, Moore, Hutchins, Doyle, Ellem and
Fleischauer:
H. B. 2347 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all
relating to a requirement to retain any biological material that is secured in the investigation or
prosecution of a criminal case for the period that a defendant remains incarcerated in connection with
that case; and establishing criminal penalties"; to the Committee on the Judiciary.
By Delegates Caputo, Longstreth, Fragale, Iaquinta, Miley, Manchin and Cann:
H. B. 2348 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating generally to driving under the influence; requiring mandatory community
service for persons convicted of driving under the influence of alcohol, controlled substances or
drugs; setting forth a registry of persons convicted to be maintained by the West Virginia State
Police"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Paxton:
H. B. 2349 - "A Bill to amend and reenact §18-2-13f of the Code of West Virginia, 1931,
as amended, relating to continuing contract status for teachers established and dismissal and
suspension procedures"; to the Committee on Education.
By Delegates Blair, Duke and Overington:
H. B. 2350 - "A Bill to amend and reenact §7-1-3mm of the Code of West Virginia, 1931,
as amended, relating to providing that transfer of development rights are renewable; making the
rights transferred be for twenty years and a reversion of twenty years; and authorizing the county
commission to stagger the time rights transferred"; to the Committee on Political Subdivisions then
the Judiciary.
By Delegate Blair:
H. B. 2351 - "A Bill to amend and reenact §29-22B-702 and §29-22B-1102 of the Code of
West Virginia, 1931, as amended, all relating to prohibiting the placement of automated teller
machines in establishments that contain video lottery terminals and allowing only fraternal and
veteran's organizations to reapply for permits to operate video lottery terminals"; to the Committee
on the Judiciary then Finance.
By Delegate Wells:
H. B. 2352 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-38, relating to providing nonsupervisory employees of the
West Virginia State Board of Education with the same protections against summary dismissal as are
applicable to employees of county boards of education through continuing contracts and dismissal
for cause"; to the Committee on Education then the Judiciary.
By Delegates Boggs and White:
H. B. 2353 - "A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931,
as amended, relating to the crime victims compensation program; allowing awards under the crime
victims compensation program to be made to victims of identity theft; and definitions"; to the
Committee on the Judiciary then Finance.
By Delegates Walters, Iaquinta, Crosier and Azinger:
H. B. 2354 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9A-5-1, §9A-5-2, §9A-5-3, §9A-5-4, §9A-5-5 and §9A-5-6, all
relating to creation of a Traumatic Brain Injury Services Commission"; to the Committee on
Veterans' Affairs and Homeland Security then Finance.
By Delegates Manchin, Caputo and Longstreth:
H. B. 2355 - "A Bill to amend and reenact §21-5C-1 of the Code of West Virginia, 1931,
as amended, relating to removing certain exceptions in the definitions of 'employer' and 'employee'
covered by the West Virginia minimum wage law"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Blair and J. Miller:
H. B. 2356 - "A Bill to amend and reenact §29-12A-5 of the Code of West Virginia, 1931, as amended, relating to exempting acts resulting in the taking or damaging of private property for
public use from immunity with regard to political subdivisions"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegate Miley:
H. B. 2357 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-4-17, relating to traffic accidents involving a motor carrier
regulated by the Public Service Commission"; to the Committee on Roads and Transportation then
the Judiciary.
By Delegates Miley, Fragale and Iaquinta:
H. B. 2358 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-11-12, relating to including on the state personal income tax
return a checkoff option to donate some or all of any tax refund to the 'Jackson's Mill 4-H Camp
Checkoff Program'"; to the Committee on Agriculture then Finance.
By Delegate Campbell:
H. B. 2359 - "A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as
amended, relating to defining 'caving' as a recreational purpose and activity for which a landowner's
liability for injury is limited"; to the Committee on Natural Resources then the Judiciary.
By Delegates Schoen and Perdue:
H. B. 2360 - "A Bill to amend and reenact §16-9A-8 of the Code of West Virginia, 1931,
as amended, relating to the sale of tobacco products in packages other than original factory wrapped
packages"; to the Committee on the Judiciary.
By Delegates Manchin and Walters:
H. B. 2361 - "A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as
amended, relating to requiring lobbyists and lawyers providing lobbying services to collect consumer
sales and service tax"; to the Committee on Finance.
By Delegates Perry, Williams, Shaver and Hamilton:
H. B. 2362 - "A Bill to amend and reenact §20-2B-7 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Director of the Division of Natural Resources to create
multi-year hunting, fishing and trapping licenses in increments of three, five or ten years; and
authorizing the director to set fees for the multi-year licenses by legislative rule"; to the Committee
on Natural Resources then Finance.
By Delegates Armstead and Carmichael:
H. B. 2363 - "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, §5B-2H-4, §5B-2H-5 and §5B-
2H-6, all relating to requiring a jobs impact statement for certain proposed legislation"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Government Organization.
By Delegates Manchin, Longstreth and Caputo:
H. B. 2364 - "A Bill to amend and reenact §16-29B-17 of the Code of West Virginia, 1931,
as amended, relating to common standards for hospitals' charity care programs; bad debt collection
programs; and requiring hospitals to provide free charity care to uninsured citizens below one
hundred percent of the poverty level and lowered rates to those citizens between one hundred and
three hundred percent above poverty level"; to the Committee on Health and Human Resources then
Finance.
By Delegates Beach, Fleischauer and Marshall:
H. B. 2365 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24A-3-3a, relating to requiring the Public Service Commission
to allow Class I cities to enter into one or more agreements with contract carriers by motor vehicle";
to the Committee on Political Subdivisions then the Judiciary.
By Delegates Miley, Fragale and Iaquinta:
H. B. 2366 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as
amended, relating to fleeing from a law-enforcement officer; and providing felony penalties for
certain persons convicted of fleeing a law-enforcement officer"; to the Committee on the Judiciary.
By Delegate Spencer:
H. B. 2367 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-7, relating to salaries of state employees"; to the Committee
on Finance.
By Delegates Caputo and Perdue:
H. B. 2368 - "A Bill to amend and reenact §20-5-18 of the Code of West Virginia, 1931, as
amended, relating to making the fifty percent discount on campground rental fees at state parks for
West Virginia citizens sixty-two years of age or older available year-round"; to the Committee on
Senior Citizen Issues then Finance.
By Delegates Iaquinta and Caputo:
H. B. 2369 - "A Bill to amend and reenact §33-30-6 of the Code of West Virginia, 1931, as
amended, relating to increasing the amount of mine subsidence insurance reinsured by the board of
risk management"; to the Committee on Banking and Insurance then Finance.
By Delegates Caputo and Paxton:
H. B. 2370 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931,
as amended, relating to providing for increased compensation for aides and paraprofessionals with
large numbers of pupils in kindergarten and grades one through six"; to the Committee on Education
then Finance.
By Delegates Ellem, Anderson and Azinger:
H. B. 2371 - "A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as
amended, relating to releasing the name and identification of an adjudicated or convicted juvenile
to the victim of the offense"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2372 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-20-3a, relating to expanding the definition of capital
improvements and services which may be funded with county impact fees to include libraries, library
services and affordable housing for individuals or families with low or moderate income"; to the
Committee on Political Subdivisions then Finance.
By Delegates Brown and Hatfield:
H. B. 2373 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-18, relating to requiring faith-based, abstinence only and
antichoice facilities or organizations to have certain written policies and procedures"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Brown and Hatfield:
H. B. 2374 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-13a, relating to hospitals and similar institutions; and
requiring any faith-based facility that counsels women regarding contraception, abortion or
pregnancy to maintain a quality assurance program"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegate Doyle:
H. B. 2375 - "A Bill to amend and reenact §8A-7-10 of the Code of West Virginia, 1931,
as amended, relating to planning and zoning; removing exemption from certain provisions for
mining and manufacturing activities and uses"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Kominar and Williams:
H. B. 2376 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-8j, relating to allowing a school service mechanic to have
experience, training and certifications considered towards his or her pay rate"; to the Committee on
Education then Finance.
By Delegates Hatfield and Perdue:
H. B. 2377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto seven new sections, designated §16-5C-21, §16-5C-22, §16-5C-23, §16-5C-24, §16-5C-25,
§16-5C-26 and §16-5C-27, all relating to nursing homes; requiring adequate staffing, specifying
certain staff to resident ratios; providing enforcement provisions; including civil penalties; requiring
a study committee; providing enhanced training requirements for nurse aides; and providing a grant
program for projects aimed at reducing employee turnover in nursing homes"; to the Committee on
Health and Human Resources then Finance.
By Delegates Hatfield, Caputo, Walters, Martin, Argento and Perdue:
H. B. 2378 - "A Bill to amend and reenact §29-3B-3 of the Code of West Virginia, 1931,
as amended, relating to the removal of the exemption for government employees performing
electrical work on government property from having to possess an electrician's license"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Government Organization.
By Delegates Doyle and Overington:
H. B. 2379 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-8j, relating to salary increases for school service
employees based upon residential housing costs"; to the Committee on Education then Finance.
By Delegates Doyle, Brown and Hatfield:
H. B. 2380 - "A Bill to amend and reenact §48-11-105 of the Code of West Virginia, 1931,
as amended, relating to providing that the attendance of college by a noncustodial parent may not
be used as grounds to modify a child support order"; to the Committee on the Judiciary.
By Delegate Marshall:
H. B. 2381 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18A-4-8 and §18A-4-8a, all relating to the employment and
compensation of school service personnel generally; all relating to the employment and
compensation of school service personnel by creating two new job titles for bus drivers; establishing
the pay grades of those two new job titles; providing for additional payment to classroom aides in
prekindergarten or kindergarten classes for any pupils over the twenty maximum pupil-teacher ratio;
and establishing a pupil-teacher ratio of twenty to one in all prekindergarten classes"; to the Committee on Education then Finance.
By Delegate Caputo:
H. B. 2382 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-1-14a, relating to sanitarian employees of the Division of
Health; providing for a twenty five percent across-the-board salary increase; and providing for an
annual cost-of-living increase"; to the Committee on Government Organization then Finance.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2383 - "A Bill to amend and reenact §3-1-3 of the Code of West Virginia, 1931, as
amended, relating to prohibiting any person convicted of any felony from voting in an election of
state and local officials"; to the Committee on the Judiciary.
By Delegates Caputo, Fragale and Longstreth:
H. B. 2384 - "A Bill to amend and reenact §18-5-16 of the Code of West Virginia, 1931, as
amended, relating to allowing the State Superintendent of Schools to designate certain geographical
areas as a 'School Choice Zone'"; to the Committee on Education then Finance.
By Delegates Marshall, Hatfield, Moore, Longstreth, Perry, Wells and Spencer:
H. B. 2385 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new
section, designated §18-7A-26v, all relating to the Public Employees Retirement System and the
Teachers Retirement System; and providing a one-time supplement for annuitants and survivor
beneficiaries after being retired five consecutive years"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Schoen and Caputo:
H. B. 2386 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931,
as amended, relating to the definition of gross income for purposes of determining child support;
providing that certain employment-related expenses are excluded from gross income"; to the
Committee on the Judiciary.
By Delegates Webster, Spencer, Hatfield and Brown:
H. B. 2387 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31-15-23a, relating to providing a special fund for the Economic
Development Authority to address employment and economic development problems of minority
populations of this state"; to the Committee on Energy, Industry and Labor, Economic Development
and Small Business then Finance.
By Delegate Doyle:
H. B. 2388 - "A Bill to amend and reenact §19-23-3, §19-23-4, §19-23-5, §19-23-6 and
§19-23-13b of the Code of West Virginia, 1931, as amended, all relating to the Racing Commission;
defining authority of the Racing Commission; providing for five members of the Racing
Commission; providing qualifications for members of the Racing Commission; abolishing certain
positions within the Racing Commission; creating the position of Director of Racing and providing
authority for the Director of Racing"; to the Committee on Government Organization then Finance.
By Delegate Blair:
H. B. 2389 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as
amended, relating to the requirement that motor vehicle insurance certificates may be issued only
for the time period for which the insured pays for coverage"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegate Michael:
H. B. 2390 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931,
as amended, relating to allowing the purchase of service credit in the State Teachers' Retirement
System for temporary employment under the Comprehensive Employment and Training Act
(CETA); and specifying the cost of the service credit purchased"; to the Committee on Pensions and
Retirement then Finance.
By Delegate Michael:
H. B. 2391 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for
nurses"; to the Committee on Finance.
By Delegates Paxton and Caputo:
H. B. 2392 - "A Bill to amend and reenact §18A-1-1 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §18A-2-9a, all
relating to setting standards for assignment of high school athletic directors"; to the Committee on
Education then Finance.
By Delegate Paxton:
H. B. 2393 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to providing a mandatory sentence of fifteen years for any person who
maliciously shoots a police officer on duty; and providing a mandatory sentence of ten years for any
person who unlawfully, but not maliciously, shoots a police officer on duty"; to the Committee on
the Judiciary then Finance.
By Delegate Border:
H. B. 2394 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the issuance of special license plates for pharmacists; and
assessing a special initial application fee and a special annual fee for the license plate"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegate Walters:
H. B. 2395 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to calculation of West Virginia adjusted gross income for personal income tax
purposes; subtracting social security benefits from federal adjusted gross income to the extent
included in federal gross income for federal income tax purposes"; to the Committee on Finance.
By Delegate Walters:
H. B. 2396 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6,
§15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11, §15-14-12, §15-14-13, §15-14-14, §15-14-15,
§15-14-16 and §15-14-17, all relating to sexually violent predators; providing a short title; defining
certain terms; requiring notice to prosecuting attorney institute and others of prospective release
certain violent sexual offenders; establishing a multidisciplinary team; establishing a prosecutor's
review committee; providing for the determination of probable cause to petition for the commitment
of a sexually violent offender; providing for the apprehension of the sexually violent offender; notice
of hearing rights to the sexually violent offender; providing for a procedure for trial and commitment
to a secure facility of certain sexually violent offenders; and required registration of released sexually
violent offenders"; to the Committee on the Judiciary then Finance.
By Delegate Paxton:
H. B. 2397 - "A Bill to amend and reenact §18-2-5b of the Code of West Virginia, 1931, as
amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary
supplement for providers of Medicaid eligible services in the public schools and the financing
thereof"; to the Committee on Education then Finance.
By Delegate Michael:
H. B. 2398 - "A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as
amended, relating to mental hygiene commissioners eligibility for membership in the Public
Employees Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegate Carmichael:
H. B. 2399 - "A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931,
as amended, relating to tuition and fees at institutions of higher education generally; and providing
for tuition and fee waiver for certain child survivors of domestic violence deaths"; to the Committee
on Education then Finance.
By Delegate Mahan:
H. B. 2400 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-8C-6, relating to designating the State Police as administrator
of enforcement of this article for purposes of issuing administrative subpoenas in suspected cases
of child pornography; referencing applicable federal law regarding administrative subpoenas in child
pornography cases; requiring disclosure by Internet service providers of certain subscriber
information; offenses; penalties; fees"; to the Committee on Government Organization then the
Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2401 - "A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as
amended, relating to the expiration of the alternative minimum tax; and providing for the expiration
of the alternative minimum tax for tax years beginning on and after January 1, 2010"
; to the
Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2402 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as
amended, relating to the annual school calendar; providing that the instructional term shall
commence on August 21; allowing county boards to extend the instructional term to June 13 if one
hundred eighty separate instructional days have not occurred on or before June 8; and providing for
the scheduling of additional noninstructional days prior to the commencement of the instructional
term"; to the Committee on Education.
By Delegates Morgan, Martin, Argento, Beach, Caputo, Eldridge and C. Miller:
H. B. 2403 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended;
to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and
to amend said code by adding thereto a new section, designated §30-1-19, all relating to professional
licensing boards; repealing antiquated ineffective provisions; requiring attendance at orientation
sessions; revising requirements for specific subject matter at orientation sessions; establishing
quorums; reporting violations; clarifying the issuance of notices to cease and desist; authorizing
boards to propose fees notwithstanding specific fees established in code; notifying licensees of
proposal of fees in legislative rules; hiring administrative law judges; clarifying law governing hearings and administrative hearings; requiring board members to adhere to ethical standards for
appointed officials; permitting boards to establish a process for modifying or waiving continuing
education requirements or renewal fees for licensees in active duty military service; and requiring
regulatory board reviews"; to the Committee on Government Organization.
By Delegates Perry, Boggs, Morgan and Ellem:
H. B. 2404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §31-20-5f, relating to inmate reimbursement to the authority for
medical services provided to persons held in regional jails"; to the Committee on the Judiciary.
At 11:09 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 16,
2009.