hdj2009-03-23-41
__________*__________
Monday, March 23, 2009
FORTY-FIRST 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.
* * * * * * * * * *
Tribute to Joseph P. Albright
The House of Delegates stood in silent tribute to the memory of the Honorable Joseph P.
Albright, former Speaker of the House and current Justice of the Supreme Court of Appeals, who
died on Saturday, March 21, 2009, ending a long and productive career of service to the State and
the people of West Virginia.
* * * * * * * * * *
The Clerk proceeded to read the Journal of Friday, March 20, 2009, 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 Ninth Order of Business for the purpose of considering a resolution on Unfinished
Business.
Special Calendar
Unfinished Business
H. C. R. 16, The "Willis W. Elkins Memorial Bridge"; coming up in regular order, as
unfinished business, was read 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.
H. C. R. 35, The "Pvt. Russell Curtis Knight Memorial 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.
Committee Reports
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2832, Relating to critical skills evaluations for students in grades three and eight,
And,
H. B. 3105, Establishing drug free zones at regularly designated school bus stops,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2832 and H. B. 3105)
were each referred to the Committee on Finance.
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. 2091, Requiring public notice of state plan amendments prior to submission and
increasing the membership of the Medicaid Advisory Board,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2091 - "A Bill to amend and reenact §9-2-9 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §9-4-3 of said code, all relating to requiring
public notice and comment of state plan amendments prior to submission for federal approval;
providing public notice and comment; excepting public comment period in certain circumstances;
allowing emergency approval of certain rules; and expanding membership of the Medicaid Advisory
Board,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2722, Providing a one hundred dollar tax credit to certain businesses that are required
to reprogram its cash registers because of a change in the food tax,
And reports the same back with the recommendation that it do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 279 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-5B-3a, relating generally to industrial accidents and
emergencies; requiring the reporting of certain industrial emergencies to the Mine and Industrial
Accident Emergency Operations Center or local emergency telephone system operators; requiring
industrial facilities to provide certain information to state and local emergency responders; granting
state and local officials access to the person or persons charged with managing an industrial
emergency and certain areas affected by the emergency; authorizing the Director of the Division of
Homeland Security and Emergency Management to promulgate legislative rules establishing a list
of facilities subject to the requirements of this section; providing for civil penalties; and authorizing
the promulgation of legislative rules"; which was referred to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then the Judiciary.
Resolutions Introduced
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates Moye and Louisos:
H. J. R. 25 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending sections one and four, article seven thereof, relating to designating the Commissioner of
Insurance to be a constitutionally elected officer, and limiting a person elected as Commissioner of
Insurance to two terms; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on
Constitutional Revision the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Morgan, Craig, Skaff, Reynolds, Swartzmiller, C. Miller and Miley:
H. B. 3274 - "A Bill to repeal §33-17-9a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §33-17-9 and §33-17-9b of said code, all relating to fire and marine
insurance; and disbursement of proceeds for total and partial fire loss"; to the Committee on the
Judiciary.
By Delegates White, Campbell, Craig, Boggs, Webster and Miley:
H. B. 3275 - "A Bill to amend and reenact §23-2C-15 of the Code of West Virginia, 1931,
as amended, relating to changing the date through which governmental entities are required to
purchase workers' compensation through West Virginia Mutual Insurance Company"; to the
Committee on Government Organization then Finance.
By Delegate Boggs:
H. B. 3276 - "A Bill to repeal §30-13A-26 of the Code of West Virginia, 1931, as amended;
to amend and reenact §30-13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30-13A-10, §30-
13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-20, §30-13A-
23, §30-13A-24, §30-13A-29, §30-13A-32 and §30-13A-36 of said code, all relating to amending
the professional surveyors act"; to the Committee on Government Organization.
By Delegates Perry, Williams, Moye, Stowers, Lawrence, Crosier, Beach, Pethtel and Martin:
H. B. 3277 - "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931,
as amended; to amend and reenact §18B-1B-6 of said code; to amend said code by adding thereto
a new article, designated §18B-1E-1; to amend and reenact §18B-2A-1 and §18B-2A-7a of said
code; and to amend and reenact §18B-3C-8, all relating to changing West Virginia University at
Parkersburg from a community and technical college and merging and consolidating it with West
Virginia University, thus becoming a fully integrated division of West Virginia University"; to the
Committee on Education then Finance.
By Delegates Perry, Ashley and Moore:
H. B. 3278 - "A Bill to amend and reenact §33-26A-3, §33-26A-5, §33-26A-6, §33-26A-8,
§33-26A-9, §33-26A-10 and §33-26A-18 of the Code of West Virginia, 1931, as amended, all
relating to the life and health insurance guaranty association; making specific provision for treatment
of unallocated annuity contracts and structured settlement contracts; providing how payments to
residents and nonresidents are determined; providing that duplicate payments not be made; excluding
certain policies, portions of policies and obligations from coverage; setting new limits on coverage
for various types of policies and contracts; defining terms; changing the composition of the annuity
and unallocated annuity accounts; eliminating the association's power to make loans to an insolvent
insurer and making other changes to its powers and duties; increasing the permissible maximum
annual pro rata assessment; setting forth a process for the protest of assessments; mandating that
members comply with requests for information from the association; requiring that the plan of
operation include provisions for removing a director for cause and addressing conflicts of interest;
and increasing the length of the stay of court proceedings involving an insolvent insurer"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Manypenny, Evans, Fleischauer and Susman:
H. B. 3279 - "A Bill to amend and reenact §22-3-13 of the Code of West Virginia, 1931, as
amended, relating to prohibiting any permits authorizing the construction, enlargement or
modification of any coal mine waste; prohibiting any new permits for disposal of coal mine waste
by injecting it into underground mines; and to require a study of existing coal mine waste piles"; to
the Committee on Energy, Industry and Labor, Economic Development and Small Business then the
Judiciary.
By Delegates M. Poling and Paxton:
H. B. 3280 - "A Bill to repeal §18-23-1, §18-23-2, §18-23-3, §18-23-4, §18-23-5, §18-23-
13, §18-23-14, §18-23-15, §18-23-18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended, to repeal §18B-14-1, §18B-14-2, §18B-14-3, §18B-14-4, §18B-14-5,
§18B-14-5a and §18B-14-7 of said code; to amend and reenact §5-6-4a of said code; to amend and
reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said code; to amend and
reenact §18B-2B-6 of said code; to amend and reenact §18B-4-6 of said code; to amend and reenact
§18B-5-4 of said code; to amend and reenact §18B-10-8 of said code; to amend said code by adding
thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-
19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-13,
§18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18; and to amend and reenact §29-
22-18 of said code, all relating to higher education capital facilities; capital project planning,
financing, management and maintenance; acquisition, sale, transfer, exchange, lease, conveyance
and condemnation of real property; construction and operation of capital facilities; collection and use of certain capital fees; establishing in the State Treasury a special revenue fund known as the
Higher Education Policy Commission Capital Improvement Fund; directing the use of certain lottery
proceeds; establishing in the State Treasury a capital maintenance fund for each state institution of
higher education; legislative intent; defined terms; system-wide facilities planning; and institution
facilities planning"; to the Committee on Education then Finance.
By Delegates White, Campbell, Guthrie, Phillips, Marshall, Mahan, Klempa, Iaquinta,
Kominar and Varner:
H. B. 3281 - "A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as
amended, relating to improvements to the technology infrastructure of the West Virginia Secretary
of State's Office"; to the Committee on Government Organization then Finance.
By Delegates Mahan and Guthrie:
H. B. 3282 - "A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931,
as amended, relating to PROMISE Scholarship requirements, providing different levels of
scholarships for students based on the income of the student's family"; to the Committee on
Education then Finance.
By Delegate Swartzmiller:
H. B. 3283 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and
§5-30-8, all relating to licensure of athletic trainers"; to the Committee on Government Organization
then the Judiciary.
By Delegates Shott and Frazier:
H. B. 3284 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6,
§11-28-7, §11-28-8 and §11-28-9, all relating to allowing local governments to levy a sales tax on
food and beverages; providing definitions; county and municipal options; use of tax collected;
exemptions; providing that wrongful and fraudulent use of funds is the criminal offense of
embezzlement; apportionment of tax between local jurisdictions; and severability provision"; to the
Committee on Political Subdivisions then Finance.
By Delegate Reynolds:
H. B. 3285 - "A Bill to amend and reenact §47-19-1 of the Code of West Virginia, 1931, as
amended, relating to restricting the sale of drug paraphernalia to licensed pharmacies
"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Shott, Boggs, Porter, Frazier, Campbell, Border, Armstead and Rowan:
H. B. 3286 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18C-8-1, §18C-8-2, §18C-8-3, §18C-8-4, §18C-8-5 and §18C-8-6,
all relating to the creation of a preengineering summer academy and scholarship opportunities for
preengineering students and teachers and the creation of a special revenue fund for said purpose";
to the Committee on Education.
By Delegates Fleischauer, Beach, Marshall and Shook:
H. B. 3287 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-3-5c, relating to requiring blasting contractors to notify the
State Fire Marshal and local property owners before blasting; rule-making authority; and permit
neighboring property owners certain rights"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Perry, Shaver, Ashley and Moore:
H. B. 3288 - "A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931,
as amended, relating to mental health parity; providing that actual increases in costs determine
whether cost containment measures may be applied; and removing certain provisions regarding small
groups"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Campbell, Stowers, Fragale, Tabb, Klempa, Hutchins and Williams:
H. B. 3289 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-7D-6a, relating to circumstances permitting service credit
purchase by members of the Teachers' Defined Contribution Retirement System in the State
Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Webster, Caputo, Miley, Ellem, Guthrie, Hamilton, Brown, Evans,
Kominar and Cann:
H. B. 3290 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12i, relating to personal income tax; providing a decreasing
modification to federal adjusted gross income for income received by an election official, pursuant
to section forty-four, article one, chapter three of the Code of West Virginia, which is donated to a
qualified charitable organization and the subject of the federal charitable deduction; specifying
effective date"; to the Committee on the Judiciary then Finance.
By Delegate Sumner:
H. B. 3291 - "A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as
amended, relating to special memorial days; and adding a special memorial day to celebrate the
victory of democracy in the Cold War"; to the Committee on Government Organization.
By Delegates Hatfield, Perry and Perdue:
H. B. 3292 - "A Bill to amend and reenact §16-42-7 of the Code of West Virginia, 1931, as
amended, relating to extending the expiration date of the Comprehensive Behavioral Health
Commission"; to the Committee on Government Organization.
By Delegates J. Miller, Overington and Blair:
H. B. 3293 - "A Bill to amend and reenact §8-29-6 of the Code of West Virginia, 1931, as
amended, relating to requiring regional airport authority board members to include persons of area
expertise"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Shott and Frazier:
H. B. 3294 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931,
as amended, relating to requiring the jail facilities standards commission to promulgate rules for the
confinement of certain persons in local jails and private facilities; and authorizing magistrates and
circuit court judges to confine persons to local jails or facilities in lieu of regional jails"; to the
Committee on the Judiciary then Finance.
By Delegate White:
H. B. 3295 - "A Bill to amend and reenact §18-30-6 of the Code of West Virginia, 1931, as
amended; to amend and reenact §36-8-13 of said code; and to amend and reenact §44-1-28 of said
code, all relating to the West Virginia State Treasurer's Office; transferring a one time sum of $8
million from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Fund; setting
$1 million as the amount to be transferred annually from the Unclaimed Property Trust Fund to the
Prepaid Tuition Trust Fund until the actuary certifies there are sufficient funds to pay out all
contracts; authorizing investment of the Unclaimed Property Trust Fund; and facilitating payments by the state where the owner has died"; to the Committee on Education then Finance.
By Delegate Manchin:
H. B. 3296 - "A Bill to amend and reenact §23-5-16 of the Code of West Virginia, 1931, as
amended, relating to workers' compensation claimant attorney fees"; to the Committee on the
Judiciary.
By Delegate Manchin:
H. B. 3297 - "A Bill to amend and reenact §33-2-17 of the Code of West Virginia, 1931, as
amended, relating to allowing the director to participate in the review and consideration of any rate
filing made pursuant to chapter thirty-three"; to the Committee on Banking and Insurance then
Government Organization.
By Delegates Perdue, Moore, Marshall, Mahan and Guthrie:
H. B. 3298 - "A Bill to amend and reenact §48-9-301 of the Code of West Virginia, 1931,
as amended, relating to court ordered investigations and prohibited use of supervised visitation"; to
the Committee on the Judiciary.
By Delegate Sumner:
H. B. 3299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §48-13-805, relating to requirements for self-employed persons
to participate in the Bureau of Child Support Enforcement's Pay Connextion program"; to the
Committee on the Judiciary.
By Delegate Morgan:
H. B. 3300 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated as §17B-1E-1, §17B-1E-2 and §17B-1E-3; to amend and reenact §17B-2-1 of said code; and to amend said code by adding thereto a new section, designated §61-7-
4a, all relating to requiring a notification be placed on drivers' licenses and state identification cards
when an individual has been granted a concealed weapons permit"; to the Committee on the
Judiciary then Finance.
By Delegates Moye, Schoen, Klempa, Campbell, Sumner, Caputo, D. Poling and
Barker:
H. B. 3301 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §64-10-5, relating to amending the Division of Labor rule verifying
the legal employment status of workers; and authorizing the commissioner to issue an order
terminating undocumented employees and for each day the employment of an undocumented worker
continues constitutes a separate violation"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegate Hunt:
H. B. 3302 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-2A-1, §30-2A-2, §30-2A-3, §30-2A-4 and §30-2A-5, all
relating to establishing the 'Certified Legal Assistant Act'; defining terms; establishing minimum
qualifications; setting forth responsibilities of the lawyer and the certified legal assistant; and
providing rule-making authority to the Supreme Court of Appeals in conjunction with the West
Virginia State Bar"; to the Committee on the Judiciary.
By Delegates Miley and Manchin:
H. B. 3303 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as
amended, relating to increasing salaries of magistrates who serve populations of eight thousand four hundred or more to sixty percent of the salary of circuit court judges"; to the Committee on the
Judiciary then Finance.
By Delegate Lane:
H. B. 3304 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-12-11, relating to residency restrictions for registered sex
offenders"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Caputo, Frazier, Hutchins, Kominar, Miley, Moore and
Staggers:
H. B. 3305 - "A Bill to amend and reenact §62-12-6 of the Code of West Virginia, 1931, as
amended, relating to the powers and duties of probation officers and parole officers; authorizing
probation officers to arrest persons who violate conditions of probation or supervised release;
eliminating the authority of probation officers to collect money; eliminating the requirement that
probation officers post bond; and specifying the manner in which probation and parole officers may
exercise the power to arrest probationers, parolees and persons under their supervision"; to the
Committee on the Judiciary.
By Delegates Perry, Wooton and Carmichael:
H. B. 3306 - "A Bill to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5 §9-7-6,
§9-7-7 and §9-7-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §9-7-5a; to amend and reenact §33-41-1, §33-41-2 and §33-41-4;
to amend said code by adding thereto a new section, designated §33-41-4a; and to amend and reenact
§33-41-7, §33-41-8 and §33-41-8b of said code, all relating to fraud and associated violations
involving Medicaid, insurance and health care; authorizing the Medicaid Fraud Control Unit to investigate certain complaints; defining terms; authorizing the Medicaid Fraud Control Unit to
request search warrants and cooperate with law-enforcement agencies; authorizing the Medicaid
Fraud Control Unit to receive reports of fraudulent or illegal misconduct; increasing criminal
penalties; creating the felony of attempting to cause an unauthorized expenditure from the Medical
Services Fund; providing for the seizure and forfeiture of properties belonging to persons convicted
of a crime related to state medical services; excluding providers convicted of a crime related to state
medical services; setting forth venue rules for criminal and civil state medical programs fraud
actions; authorizing the Insurance Fraud Unit to investigate health care fraud; defining terms;
authorizing the Insurance Fraud Unit to initiate inquiries and conduct investigations of certain
provisions of the code; and allowing authorized persons in the Insurance Fraud Unit to submit
complaints to the magistrate regarding violations of certain provisions of the code"; to the
Committee on Banking and Insurance then the Judiciary.
By Delegate Porter:
H. B. 3307 - "A Bill to amend and reenact §33-25C-1 and §33-25C-3 of the Code of West
Virginia, 1931, as amended; and to further amend said code by adding thereto a new section,
designated §33-25A-8i, all relating to requiring managed care plan providers to reimburse limited
out of network medical expenses; and permitting enrollees to seek reimbursements of out of network
medical expenses when denied"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Evans:
H. B. 3308 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-5-1d, relating to prohibiting members of the same family
within a certain degree of relationship to occupy more than one seat on a board of education simultaneously"; to the Committee on Education.
By Delegates Fleischauer, Manchin, Caputo, Fragale, Boggs, White, Miley and
Morgan:
H. B. 3309 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7,
§3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17,
§3-12-18 and §3-12-19, all relating to creating the West Virginia Supreme Court Public Campaign
Financing Act; providing alterative campaign financing option for candidates for the West Virginia
Supreme Court through public funds; setting forth short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of the act are applicable to candidates for
the office of justice for the West Virginia Supreme Court beginning in 2012; establishing a Public
Campaign Financing Fund and sources of revenue for the fund; rules of state governmental agencies,
boards and commissions; requiring an applicant for public campaign funding to complete a
declaration of intent and setting forth the manner in which an application for funding may be made;
setting forth eligibility criteria for qualifying party and independent candidates; allowing
participating candidates to raise from private sources and spend seed money contributions; requiring
candidates seeking public campaign funds to collect a required number of qualifying contributions;
requiring candidates to provide detailed receipts to contributors and to the State Election
Commission for seed money and qualifying contributions; requiring participating candidates to
comply with all provisions of the act; requiring the State Election Commission to certify eligible
candidates and setting forth the procedure for certification; providing for distribution of funds from
the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available;
setting forth restrictions on participating candidates' contributions and spending; prohibiting
participating candidates from accepting private contributions other than as specifically set forth in
the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates
to raise funds from private sources when there is insufficient money in the Supreme Court Public
Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring
certain disclosures; requiring candidates to keep records and report to the State Election
Commission; providing for supplemental public campaign funds for independent expenditures on
behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election
Commission; providing for the deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and criminal penalties for violations of
the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Delegate D. Poling:
H. B. 3310 - "A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931,
as amended, relating to increasing the salary adjustment from $2,500 to $3,500 for those educational
professions with national certifications"; to the Committee on Education then Finance.
By Delegates Shook, Cowles, Brown, Schoen, Crosier, Michael, Azinger and Cann:
H. B. 3311 - "A Bill to amend and reenact §16-5G-2 and §16-5G-4 of the Code of West
Virginia, 1931, as amended, all relating to hospitals owned or operated by nonprofit corporations,
nonprofit associations or local governmental units; clarifying that these hospitals may have only one
governing body whose meetings shall be open to the public; enumerating matters which may be
acted upon in executive session; and clarifying and expanding the authorization for the holding of executive sessions"; to the Committee on the Judiciary.
By Delegate C. Miller:
H. B. 3312 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8-13-24, relating to requiring that any new or increased municipal
taxes or fees must have a defined purpose, cannot last for more than two years but can be renewed,
revenue generated must be spent in accordance with the defined purpose, and surpluses must be
defined or returned to the people"; to the Committee on the Judiciary.
By Delegates Cann, Varner, Klempa, Craig and Manchin:
H. B. 3313 - "A Bill to amend and reenact §18-9-6 of the Code of West Virginia, 1931, as
amended, relating to allowing depositories and banks to meet the security requirement necessary to
be a depository for boards of education by providing a letter of credit from a federal home loan
bank"; to the Committee on Education then Finance.
By Delegates Varner, Perdue, Miley, Hunt, White, Beach, Campbell, Hamilton, Hall,
Shaver and Ellem:
H. B. 3314 - "A Bill to amend and reenact §61-7-4 and §61-7-6a of the Code of West
Virginia, 1931, as amended, all relating to concealed handgun licensing generally; clarifying scope
of license, limiting access to records; allowing license to remain valid during pending of a reissuance
application; removing requirement of license applicants to supply social security number; reciprocity
agreements with other states related to concealed handgun licenses being honored; removing the
requirement that licensees of other states be residents of the state; and requiring that a potential
reciprocating state's licensure standards be similar to or greater than those of this state"; to the
Committee on the Judiciary.
By Delegate Reynolds:
H. B. 3315 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §52-2-15, relating to members of the media not being compelled
to give testimony before a grand jury provided certain conditions are met"; to the Committee on the
Judiciary.
By Delegate Armstead:
H. B. 3316 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as
amended, relating to decreasing the corporate income tax rate beginning in the year 2012 by
eliminating the higher tax rate should the combined balance in the Revenue Fund Shortfall Reserve
Fund and the Revenue Fund Shortfall Reserve Fund - Part B not equal or exceed ten percent of the
General Revenue Fund"; to the Committee on Finance.
By Delegates Fragale, Miley, White, M. Poling, Morgan, Campbell, Boggs and Caputo:
H. B. 3317 - "A Bill to amend and reenact §5A-8-15 of the Code of West Virginia, 1931,
as amended, relating to public records management and preservation; removing references to
disposing of records by means other then destroying the records; and requiring a minimum allocation
of funds in the Public Records and Preservation Revenue Account for grants to counties for records
management, access and preservation purposes"; to the Committee on Government Organization
then Finance.
By Delegate Caputo:
H. B. 3318 - "A Bill to amend and reenact §22A-5-1 and §22A-5-2 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated
§22A-5-3 and §22A-5-4, all relating to creating a full-time administrative law judge for the office of Miners' Health, Safety and Training"; to the Committee on Government Organization then the
Judiciary.
By Delegate Rodighiero:
H. B. 3319 - "A Bill to amend and reenact §18A-5-8 of the Code of West Virginia, 1931,
as amended, relating to permitting the parents of an autistic student to seek a change in the student's
aide or mentor; permitting the school to evaluate the request; and permitting the school to take the
appropriate action"; to the Committee on Education then Finance.
By Delegate J. Miller:
H. B. 3320 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-9G-1, §18-9G-2, §18-9G-3, §18-9G-4, §18-9G-5, §18-9G-
6, §18-9G-7 and §18-9G-8, all relating to creating a tax credit program for individuals paying
qualified educational expenses and for those individuals or corporations making donations to
organizations granting scholarships for qualified educational expenses; defining terms; setting forth
requirements"; to the Committee on Education then Finance.
By Delegates Wooton and Moore:
H. B. 3321 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931,
as amended, relating to the frequency of funding of the courtesy patrol program out of the Tourism
Promotion Fund"; to the Committee on Finance.
By Delegate J. Miller:
H. B. 3322 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §48-5B-1, §48-5B-2, §48-5B-3, §48-5B-4, §48-5B-5, §48-5B-6 and
§48-5B-7, all relating to creating and issuing certificates recognizing the termination of marriage"; to the Committee on the Judiciary then Finance.
By Delegates Ashley, Michael and Hartman:
H. B. 3323 - "A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931,
as amended, relating to the cancellation of an insurance policy for failure consideration to be paid
by the insured upon initial issuance of the insurance policy"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegates Morgan, Craig, Stephens and Reynolds:
H. B. 3324 - "A Bill to amend and reenact §3-1-30 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §3-4A-28 of said code, all relating to mandating that party
executive committees are to submit their list of nominees to serve as election officials no later than
the seventieth day before the election, and to require that five percent of the precincts ballots be
manually counted only during any recount and not during the canvass"; to the Committee on the
Judiciary.
By Delegates J. Miller, Duke and Overington:
H. B. 3325 - "A Bill to amend and reenact §55-7D-2 and §55-7D-3 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§55-7D-3a, all relating to limiting liability for persons donating and charitable organizations
accepting certain food and grocery items"; to the Committee on the Judiciary.
By Delegates Ross and Hartman:
H. B. 3326 - "A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as
amended, relating to existing National Pollutant Discharge Elimination System permits, the time for
achieving water quality based effluent limits for selenium discharges into waters supporting aquatic life uses would be extended to July 1, 2012"; to the Committee on Natural Resources then the
Judiciary.
By Delegate Fleischauer:
H. B. 3327 - "A Bill to amend and reenact §6B-3-1 and §6B-3-4 of the Code of West
Virginia, 1931, as amended, all relating to requiring the reporting and publication of all
compensation, including contingent compensation, paid to lobbyists for all lobbying activities; and
providing a definition of 'contingent compensation'"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 3328 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-3-59, relating to small, women and minority-owned
businesses"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegates Shott, Lane, Ireland, Sumner and Hamilton:
H. B. 3329 - "A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as
amended, relating to enhancing the report submitted to the Joint Committee on Government and
Finance by requiring the Public Service Commission to include in that report information concerning
actions it has taken to ensure that utilities are using best management practices; submit rate
modification requests that were resolved; submit an analysis comparing the utility rates of the
twenty-eight border counties with the rates of those non-West Virginia counties; submit information
on current practices that minimize potential over-recovery from rate payers paying interim rates; and
submit a summary of complaints received"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Government Organization.
By Delegates J. Miller, Andes, Michael and Cann:
H. B. 3330 - "A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, §18-2L-7,
§18-2L-8, §18-2L-9, §18-2L-10, §18-2L-11, §18-2L-12, §18-2L-13, §18-2L-14 and §18-2L-15, all
relating to authorizing the establishment of charter schools"; to the Committee on Education then
Finance.
By Delegate Reynolds:
H. B. 3331 - "A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §61-6-1a of said code, all relating to
prohibiting the taking of lawfully possessed arms and ammunition during a declared state of
emergency or riot"; to the Committee on the Judiciary.
By Delegates Moore, Perry and Shook:
H. B. 3332 - "A Bill to amend and reenact §31-17-1, §31-17-2, §31-17-3, §31-17-4,
§31-17-5, §31-17-7, §31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new article, designated §31-17A-1,
§31-17A-2, §31-17A-3, §31-17A-4, §31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9,
§31-17A-10, §31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15, §31-17A-16,
§31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and to amend and reenact §46A-4-102 of
said code, all relating to the Division of Banking participation in the Nationwide Mortgage Licensing
System and Registry, complying with the SAFE Act, amending and creating definitions, exempting
federally insured depository institutions from broker licensing, allowing the Division of Banking to
participate in the Nationwide Mortgage Licensing System and Registry, permitting the Nationwide Mortgage Licensing System and Registry to process background and credit checks on behalf of the
commissioner of banking, creating a tiered bond structure for licensed lenders and brokers, reducing
the license processing time for lenders and brokers, requiring a new application for certain changes
in control of mortgage licensees, clarifying the fee for licensee office relocation, synchronizing the
mortgage annual report requirement with the Nationwide Mortgage Licensing System and Registry,
outlining the purpose of the West Virginia SAFE Mortgage Licensing Act, defining terms associated
with the SAFE Licensing Act, requiring licensing and registration of mortgage loan originators,
creating an application procedure for mortgage loan originators with minimum standards, requiring
prelicensure education of mortgage loan originators, implementing a prelicensure testing requirement
for mortgage loan originators, explaining standards for mortgage loan originator license renewal,
clarifying annual continuing education requirements for mortgage loan originators, granting the
commissioner authority to require mortgage loan originator licensing through the Nationwide
Mortgage Licensing System and Registry, requiring the commissioner to create a challenge process
for the Nationwide Mortgage Licensing System and Registry, creating enforcement authority for
mortgage loan originators, defining violations and penalties of the SAFE Mortgage Licensing Act,
requiring a surety bond to cover licensed mortgage loan originators that is tied to the amount of
mortgage originations by each lender, broker or regulated consumer lender licensee, creating
confidentiality provisions, granting investigation and examination authority to the commissioner of
banking for violations of the SAFE Mortgage Licensing Act, outlining prohibited acts and practices
for mortgage loan originators, requiring the commissioner of banking to report to the Nationwide
Mortgage Licensing System and Registry, clarifying the use of unique identifiers, creating a
severability section, defining effective dates, requiring the licensure of mortgage loan originators employed by licensed regulated consumer lenders, and implementing a bond requirement for
regulated consumer lenders that originate mortgage loans"; to the Committee on Banking and
Insurance then the Judiciary.
By Delegate Reynolds:
H. B. 3333 - "A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended;
to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-5, §20-2-5c, §20-2-6,
§20-2-6a, §20-2-37, §20-2-42l, §20-2-42p and §20-2-46e of said code; to amend and reenact §20-7-9
and §20-7-11 of said code; and to amend and reenact §20-15-2 of said code, all relating to the
regulation of carrying firearms; clarifying that hunting statutes generally do not prohibit the
otherwise lawful carrying of handguns for self-defense purposes; clarifying that persons who are
licensed or otherwise authorized to lawfully carry concealed weapons are not subject to limitations
on how firearms may be carried or transported in wooded areas or in or on vehicles or vessels;
providing additional lawful means for the transportation of unloaded rifles or shotguns in or on
vehicles and vessels; consolidating and clarifying certain criminal penalty provisions; defining terms
relating to firearms; and consolidating certain definitions"; to the Committee on Natural Resources
then Finance.
By Delegates Morgan, Hatfield and Swartzmiller:
H. B. 3334 - "A Bill to amend and reenact §24-1-1, of the Code of West Virginia, 1931, as
amended; and to amend and reenact §24-2-1 and §24-2-12 of said code, all relating to setting forth
legislative purpose and plan regarding modernizing and streamlining antiquated telecommunications
regulation; confirming the lack of jurisdiction of the Public Service Commission or any other
department, agency, commission or political subdivision of the state with respect to Internet Protocol-enabled services, including broadband, video, voice or data communications using Internet
Protocol-enabled services; definitions; exceptions and reservations; providing that, effective July 1,
2009, the requirements of section twelve, article two of chapter twenty-four, no longer apply to
telecommunications carriers, as that term is defined in 47 U.S.C. §153, subject to certain exceptions
and provisos"; to the Committee on Political Subdivisions then Government Organization.
By Delegate Reynolds:
H. B. 3335 - "A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to
amend and reenact §7-1-3 of said code; to amend and reenact §8-12-5 of said code; to amend and
reenact §61-7-1, §61-7-2, §61-7-6, §61-7-9, §61-7-11a and §61-7-14 of said code; to amend said
code by adding thereto six new sections, designated §61-7-11b, §61-7-16, §61-7-17, §61-7-18,
§61-7-19 and §61-7-20; 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 a new section, 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 limitations
upon the keeping and bearing of arms; defining terms; repealing language concerning county and
municipal ordinances restricting firearms or ammunition; creating additional exceptions to certain
restrictions on where deadly weapons may be possessed; declaring the provisions of the 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; 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 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; prohibiting the registration of firearms or firearm owners; exceptions; penalty for
unlawfully registering firearms or firearm owners; compliance period for purging prohibited
registries; limiting seizures of concealable weapons; providing remedies for unlawful seizure of
concealable weapon; establishing regulations for gun buy-back programs to protect interests of
owners of stolen firearms and evidence of certain crimes; and repealing certain provisions of the
Code of State Rules restricting the possession or carrying of firearms"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegate Perdue:
H. B. 3336 - "A Bill to amend and reenact §16-5K-2, of the Code of West Virginia, 1931,
as amended, relating to authorizing the Bureau for Public Health to continue providing early
intervention services to families with developmentally delayed infants and toddlers but eliminates
the cost-free provision"; to the Committee on Health and Human Resources then Finance.
By Delegates Webster, Caputo, White, Guthrie and Marshall:
H. B. 3337 - "A Bill to amend and reenact §3-8-1a and §3-8-8 of the Code of West Virginia
1931, as amended, all relating to the regulation and control of elections; amending the definition of
'express advocacy' and 'targeted to the relevant electorate'; and creating an exception to the ban on
corporate political activity for qualified nonprofit corporations"; to the Committee on the Judiciary.
By Delegates Perry, Williams, Louisos, Moye, Stowers, Lawrence, Crosier, Beach,
Pethtel, Staggers and Guthrie:
H. B. 3338 - "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1C-2 of said
code; to amend said code by adding thereto a new section, designated §18B-1C-3; to amend and
reenact §18B-2A-1 of said code; and to amend and reenact §18B-3C-8 of said code, all relating to
higher education generally; integrating the operations of the institution known as the Community and
Technical College at West Virginia University Institute of Technology into West Virginia University
Institute of Technology"; to the Committee on Education then Finance.
Special Calendar
-Continued-
Third Reading
S. B. 329, Updating terms in Personal Income Tax Act; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 82),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 329) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 83), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Shook and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 329) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 410, Updating terms in Corporation Net Income Tax Act; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 84),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 410) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 85), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Shook and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 410) 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. 2566, Expanding applicability of increased penalties for crimes against
certain protected persons; on third reading, coming up in regular order, was read a third time.
Delegate Schoen requested to be excused from voting on the passage of Com. Sub. for H. B. 2566 under the provisions of House Rule 49, and further requested that all members of the House
possibly affected by the passage of the bill also be excused from voting under the provisions of
House Rule 49.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class
of persons possibly to be affected by the passage of the bill and that she demonstrated no direct
personal or pecuniary interest therein. He further stated that it was the duty of individual members
of the House to request to be excused from voting under the provisions of House Rule 49 and
advised the members that, while they were members of a class of persons, if they had such a request
to furnish the same in writing to the Clerk by the close of the session today.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 86),
and there were--yeas 75, nays 23, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Ellem,
Hamilton, Hutchins, Ireland, Lane, McGeehan, Miller, C, Miller, J, Overington, Porter, Romine,
Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2566) 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. 2690, Updating language pertaining to indemnity for the death of
diseased or infected animals; 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. 87),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2690) 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. 2836, School Innovation Zones Act; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 88),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2836) 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. 3066, Clarifying the supervision requirements for elevator apprentices under elevator
safety; 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. 89),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles and McGeehan.
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3066) 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. 3158, Providing assistance to certain political subdivision activities
involving municipal policemen's and firemen's pensions and relief systems and volunteer fire
departments; on third reading, coming up in regular order, with amendments pending, was, on
motion of Delegate Boggs, laid over.
H. B. 3229, Relating to creation of the Science and Research Council; 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. 90),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Shook and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3229) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken
(Roll No. 91), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Shook and Spencer.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3229) takes effect July 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 3074, Allowing the Secretary of State to notify people with delinquent
taxes by certified mail; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2411, Requiring that workplace fatalities be reported to the Division
of Labor,
Com. Sub. for H. B. 2413, Changing the upper age restriction for new police hires in
municipalities,
Com. Sub. for H. B. 2547, Relating to pawnbrokers obtaining a signed statement affirming
ownership from a seller or pledgor on all sale or pawn transactions,
Com. Sub. for H. B. 2557, Requiring that warranty provisions for new motor vehicles are
equally applicable to motor vehicles purchased inside or outside the state,
Com. Sub. for H. B. 2739, Enhancing the service and enforcement of domestic violence
protective orders issued by state courts,
Com. Sub. for H. B. 2757, Relating to financial audits of insurers,
Com. Sub. for H. B. 2771, Relating to the West Virginia Alcohol and Drug-Free Workplace
Act,
H. B. 2884, Long-Term Care Partnership Program,
Com. Sub. for H. B. 2958, Increasing the fines for a trespassing conviction pursuant to
certain circumstances,
H. B. 3011, Repealing the section of code relating to limitation on political activity of
officers or employees in the administration of the Vocational Rehabilitation Program,
And,
Com. Sub. for H. B. 3086, Permitting home incarceration supervisors to carry handguns in
the course of their official duties.
Miscellaneous Business
Delegate Doyle announced that he was absent on Friday, March 20, 2009 when the votes
were taken on Roll Nos. 74 through 81, and that had he been present, he would have voted "Yea"
thereon.
At 12:12 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m.,
and reconvened at that time.
* * * * * * * *
Evening Session
* * * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2530, Relating to further defining professional student support personnel,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2530 - "A Bill to amend and reenact §18-9A-2, §18-9A-3a and
§18-9A-9 of the Code of West Virginia, 1931, as amended, all relating to further defining
professional student support personnel; clarifying definition of net enrollment; modifying method
for computing increase in net enrollment for certain counties; providing for computation of certain
personnel allowances for certain fiscal years based on number of personnel that would be eligible
based on net enrollment if certain condition is met; and including professional student support
personnel in the public school support formula allowance calculations for current expense and
faculty senates,"
H. B. 2702, Relating to the Deputy Sheriff Retirement System Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2702 - "A Bill to amend and reenact §7-14D-2, §7-14D-5, §7-14D-7,
§7-14D-9c, §7-14D-13, §7-14D-14, §7-14D-15, §7-14D-16, §714D-23 and §7-14D-30 of the Code
of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System Act;
making technical changes, modifying definitions; clarifying when membership ceases; specifying
procedures for the correction of errors; defining employer error; permitting rollovers of any dollar
amount; clarifying loan offsets at time of withdrawal; providing onset date for receipt of disability benefits; providing for the termination of disability benefits when a retirant refuses to submit to a
medical examination or provide certification from their physician of continued disability; removal
of option for members with loans to purchase declining term insurance; permitting subsequent loans
to members sixty days after full payment of an outstanding loan; and providing for the collection of
fees from employers for untimely payment of contributions,"
H. B. 2703, Relating to the State Teachers Retirement System,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2703 - "A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14,
§18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating
to State Teachers Retirement System; making technical changes; modifying definitions; specifying
cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the
correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to
receive retirement income or disability payments when outstanding loan balance is deducted from
the actuarial reserve of accrued benefit,"
And,
H. B. 2770, Relating to the Emergency Medical Services Retirement System Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2770 - "A Bill to amend and reenact §16-5V-6, §16-5V-7, §16-5V-8
and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency
Medical Services Retirement System Act; specifying procedures for the transfer of contributions;
clarifying actuarial valuation period; clarifying employer contribution amount; specifying procedures
for the correction of errors; and requiring certain information be included in the insurance plan filed by the Public Employees Insurance Agency,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2734, Relating to minimum guarantees provided to members who elected to transfer
from the Teachers' Defined Contribution System to the Teachers' Retirement System,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2470, Exempting all schools which include grades kindergarten through twelve from
paying consumer sales tax on items the school sells,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2470 - "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-15-9l, relating to exempting sales of tangible
personal property and services by any public or private school in this state of any one or more grade
levels pre-kindergarten through grade twelve; limiting amount of sales subject to exemption; and
authorizing designation by the tax commissioner of the exemption as a per se exemption for which
exemption certificates are not required,"
H. B. 2535, Creating a tax credit for certain solar energy systems,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2535 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and to amend said
Code by adding thereto a new article, designated §24-2F-1 and §24-2F-2, all relating to energy
systems; providing for a tax credit; requiring the Public Service Commission to adopt a rule
regarding net metering; and requiring Tax Commissioner to promulgate rules for claiming and
applying tax credit,"
H. B. 2567 Relating to filing agency rules with the Secretary of State under the
Administrative Procedures Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2567 - "A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14,
§18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating
to State Teachers Retirement System; making technical changes; modifying definitions; specifying
cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the
correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to
receive retirement income or disability payments when outstanding loan balance is deducted from
the actuarial reserve of accrued benefit,"
H. B. 2999, Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia
consumers sales and service tax and use tax,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2999 - "A Bill to amend and reenact §11-15-6 of the Code of West
Virginia, 1931, as amended; to amend and reenact §11-15A-18 of said code; and to amend and
reenact §11-15B-21, §11-15B-24, §11-15B-28 and §11-15B-32 of said code, all relating to the streamlined sales and use tax agreement and the West Virginia consumers sales and service tax and
use tax; providing relief from liability in specified circumstances; administrative exemptions; the
requirements of certified service providers and the effective date,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 23, The "Corporal Alfred E. Collins Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 12 - "A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17A-10-3 of said code, all relating to registration fees for
vehicles; allowing a registrant to register a Class G vehicle for a two-year period; requiring all
registrations for at least one full year; and facilitating expiration date changes"; which was referred
to the Committee on Roads and Transportation then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 75 - "A Bill to amend and reenact §11-16-19 of the Code of West
Virginia, 1931, as amended; to amend and reenact §49-1-4 of said code; and to amend and reenact §60-3A-24 of said code, all relating to changing the use of alcoholic beverages by minors from a
status offense to an act of juvenile delinquency"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 256 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §8-6-4a; and to amend and reenact §8A-7-2 of said code,
all relating to urban growth boundaries; definitions; providing new procedures for annexation
without election and annexation by minor boundary adjustment for municipalities in growth counties
that have an adopted countywide zoning ordinance which includes urban growth boundaries; setting
requirements; and permitting urban growth boundaries in zoning ordinances"; which was referred
to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 261 - "A Bill to amend and reenact §3-1-30 of the Code of West
Virginia, 1931, as amended, relating to requiring party executive committees to submit their list of
nominees to serve as election officials no later than the seventieth day before the election"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 335 - "A Bill to amend and reenact §29-1-11 of the Code of West Virginia, 1931, as
amended, relating to authorizing distribution of fairs and festivals' funding by the Commissioner of
the Division of Culture and History"; which was referred to the Committee on Government
Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 476 - "A Bill to amend and reenact §31A-2A-1 of the Code of West Virginia, 1931, as
amended, relating to providing that the definition of 'financial institution' includes regulated
consumer lenders, residential mortgage lenders, brokers and servicers, licensed money services
businesses and all entities which are by law under the jurisdiction and supervision of the
Commissioner of Banking"; which was referred to the Committee on Banking and Insurance then
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 503 - "A Bill to amend and reenact §31A-8-12 and §31A-8-12d of the Code of West
Virginia, 1931, as amended, all relating to branching procedures; and creating a definition for "sound
financial condition"; which was referred to the Committee on Banking and Insurance then the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 521 - "A Bill to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as
amended, relating to adding telecommunications devices to items which cannot be brought into a
jail or correctional facility"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 594 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as
amended, relating to the frequency of funding of the courtesy patrol program out of the Tourism
Promotion Fund"; which was referred to the Committee on Finance.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Seventh Order of Business for the purpose of introducing a resolution.
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. 40 - "Amending House Rule 112, relating to amendments and the prefiling thereof."
Resolved by the House of Delegates:
That Rule 112 of the Rules of the House of Delegates be amended to read as follows:
Forms For and Prefiling Required
112. The Clerk shall
, upon request, furnish to members sheets with a proper heading printed
in blank upon which amendments
shall may be written, and all amendments offered shall be on such blanks
or provided in typewritten form and bear the name of the member offering the same.
Amendments offered by members to bills or Joint Resolutions shall be prefiled with the Clerk within
two hours of the start of any daily session wherein the bill or Joint Resolution is on Second Reading
on either the House or Special Calendar.
_____All amendments offered under the provisions of this rule shall be delivered to the Clerk in
paper format, or, if such amendments have been compiled by staff, the same shall be prepared and
delivered to the Clerk in paper and digital format. All such digital amendments shall be prefiled in
central files by the person preparing such amendments by the time of prefiling the amendments in
paper format. If such amendments are drafted by a member, the Clerk may prepare the digital format
of the amendments from the paper format provided by the member and prefile the digital
amendments in central files.
_____Any member may, by unanimous consent of the House or by majority vote, offer amendments
on Second Reading, prior to a bill or Joint Resolution being engrossed and advanced to Third
Reading.
_____The provisions of this rule shall not apply to any bills or Joint Resolutions which have been
read prior to being referred to a committee, which have been taken up for immediate consideration
and read a first time, or upon which the Constitutional Rule requiring a bill to be read on three
several days has been dispensed with in any prior proceedings.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Eighth Order of Business.
Bills Introduced
On motion for leave, a bill was introduced, read by its title, and referred as follows:
H. B. 3339 - "A Bill to amend and reenact §22-16-12 of the Code of West Virginia, 1931,
as amended, relating to facilitate the complete closure of the Gwinn, or otherwise known as the EPA
Services Landfill, located in Summers County by having the Director of the Solid Waste
Management Board place said closure as a top priority use of Solid Waste Facility Closure Cost
Assistance Fund moneys"; to the Committee on the Judiciary.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Spencer.
At 5:15 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 24, 2009.