hdj2009-03-31-49
__________*__________
Tuesday, March 31, 2009
FORTY-NINTH 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 Monday, March 30, 2009, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
* * * * * * * * * * * * * * * *
Delegate Caputo announced that the Sergeant-at-Arms, the Honorable Oce Smith, had fallen
gravely ill with the diagnosis of an aortic aneurysm. Delegate Caputo stated that Sergeant-at-Arms
Smith had been air transported to Cleveland Clinic, where he was undergoing critical reparative
surgery, and asked that the members and staff remember in their thoughts throughout this day.
Delegate Moore was then recognized and requested that all present in the Chamber to rise for a special prayer for the Sergeant-at-Arms.
* * * * * * * * * * * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Mr. Speaker, Mr. Thompson, on behalf of all members of the House offered the following
resolution, which was read by the Clerk as follows:
H. R. 46 - "Commemorating the life of the Honorable William D. 'Bill' Proudfoot, civic
leader, farmer, beloved husband and father, and member of the West Virginia House of Delegates."
Whereas, Bill Proudfoot was born November 30, 1940, in Buckhannon, West Virginia and
was the son of the late William D. and Helen Alkire Proudfoot; and
Whereas, A self-made man, Bill was raised in humble surroundings on the Proudfoot
family farm near Elkins, on which he still resided with his family and maintained as a working farm
at the time of his passing; and
Whereas, He received his high school diploma from Elkins High School, his undergraduate
degree from Fairmont State College, his master's degree from Marshall University and did doctoral
work at West Virginia University; and
Whereas, Bill Proudfoot was married to his beloved wife, Lynn Currence Proudfoot,
attendance director for Randolph County Schools; and had two sons, William Alexander Proudfoot,
a sophomore at West Virginia University, and Benjamin Currence Proudfoot, a junior at Elkins High
School; and a daughter, Elizabeth Dorsey Proudfoot, a sophomore at Elkins High School; and
Whereas, Bill served four years in the United States Army, was a classroom teacher and administrator, and retired as the Director of the Fred Eberlie Technical Center in Buckhannon; and
Whereas, A 32nd degree Mason and a Grand Master of the Knights Templar, he also was
past president of the Tygart Valley Shrine Club, a member of the Davis Memorial Presbyterian
Church in Elkins, the National Rifle Association, a past president of the Randolph County Farm
Bureau, Elkins Kiwanis Club, Veterans of Foreign Wars and the American Legion, West Virginia
Cattlemen's Association, BPOE, Retired Teachers Association, Tygart Valley Shrine Club, West
Virginia Farm Bureau and the Chamber of Commerce; and
Whereas, Bill was a devoted family man who always found time for his wife and children,
supporting his children's 4-H and school activities and often bringing his family along to legislative
functions so they could share his legislative experiences; and
Whereas, Bill Proudfoot represented the 37
th District, comprising Randolph and Pocahontas
counties, with distinction as a member of the West Virginia House of Delegates from 1990 until his
passing and held numerous legislative positions during his tenure, including: Vice Chairman of the
Committee on Education for the 72nd Legislature, Chairman of the Committee on Natural Resources
for the 73rd Legislature, and Chairman of the Committee on Political Subdivision for the 74th, 75th,
76th and 77th Legislatures; and during the 2008 session, Bill served as the Vice Chairman of the
House Judiciary Committee and was a member of Committee on Political Subdivisions and the
Rules Committee; and
Whereas, We will remember Bill as a colleague who brought a deep reservoir of knowledge
and experience to his legislative work that traversed such a wide array of issues - whether it was
natural resources, agriculture, education, history, government, all things industrial or mechanical,
or virtually anything else we delved into. Bill had a wisdom and depth about him that was attained over the course of living a rich life filled with many and varied experiences; and
Whereas, For all of Bill's many legislative contributions, he will be most remembered by
this House for simply being the wonderful human being that he was - a kind and decent person who
was universally liked by his colleges and who was known for his genuine warmth and good cheer;
and
Whereas, William D. "Bill" Proudfoot passed away on December 23, 2008, leaving behind
a legacy of loving dedication and commitment to his family, community and state; therefore, be it
Resolved by the House of Delegates:
That the members of the House of Delegates hereby express their profound sadness at the
passing of one of their own, the Honorable William D. "Bill" Proudfoot, civic leader, farmer,
beloved husband and father, and colleague; and, be it
Further Resolved, That the House of Delegates hereby commemorates the life of William
D. "Bill" Proudfoot, a kind and decent person whose unique abilities touched the lives of many West
Virginians; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this
resolution for the family of William D. "Bill" Proudfoot, including his beloved wife, Lynn Currence
Proudfoot, his two sons, William Alexander Proudfoot and Benjamin Currence Proudfoot, and his
daughter, Elizabeth Dorsey Proudfoot.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 46) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 158), 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: Ennis, Skaff and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the resolution (H. R. 46) adopted.
Delegate Skaff announced that he was absent when the previous vote was taken on Roll No.
158, and that had he been present, he would have voted "Yea" thereon.
Delegates Susman, Longstreth, Manypenny, Perdue, Staggers, Fleischauer, Argento, Barker,
Beach, Boggs, Brown, Cann, Crosier, Doyle, Eldridge, Ellem, Fragale, Guthrie, Hatfield, Iaquinta,
Klempa, Kominar, Lawrence, Louisos, Mahan, Manchin, Martin, McGeehan, Miley, Moore,
Morgan, Moye, Reynolds, Rodighiero, Shook, Stephens, Talbott, Webster, Wells, White and
Wooton offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 52 - "Supporting the development of a permanent utility-scale wind farm on Coal
River Mountain in the Coal River Mountain Area of Raleigh County, West Virginia, in order to
promote the diversification of the local and state economies and energy portfolios while allowing
for continued responsible underground coal mining in the area."
Whereas, The West Virginia coal industry provides a significant amount of energy for the
United States and a vital source of jobs and economic revenue for West Virginia, including one
thousand one hundred mining jobs and over $1.5 million in annual coal severance taxes for Raleigh
County; and
Whereas, There are vast opportunities for diversifying the state energy portfolio, while
creating new industries, new jobs and new sources of revenue that can complement those
contributed by the coal industry in southern West Virginia counties such as Raleigh County; and
Whereas, Wind power provides one such opportunity, as there are substantial, economically
feasible wind resources of both the large and small scale that can be developed in southern West
Virginia; and
Whereas, Studies have shown that wind resources and the economic benefits of wind
development are severely diminished and development rendered economically prohibitive as the
ridge altitude is reduced as a result of surface mining; and
Whereas, A Coal River Mountain wind farm, consisting of one hundred sixty-four wind
turbines and generating three hundred twenty-eight megawatts of electricity, would provide over
$1.74 million in annual property taxes to Raleigh County; and coal severance taxes related to
proposed mountaintop removal mining, by comparison, would provide the county with only $36,000
per year; and
Whereas, A wind farm of this magnitude, combined with incentives for development of
other wind farms in Raleigh County and other counties in southern West Virginia, could result in
the development and growth of a viable and lasting wind industry; and
Whereas, By stimulating new economic opportunities in the rural parts of Raleigh County,
the wind farm would provide greater opportunities for economic diversification than would be
provided by the surface mining operations proposed for Coal River Mountain; and
Whereas, Wind power development on Coal River Mountain is possible because of the
unique topography of the region, and wind is a natural resource from which much of southern West Virginia will be unable to benefit economically if surface mining continues and is expanded on, and
in adjacent to areas of Coal River Mountain; and
Whereas, Raleigh County coal production and mine productivity have been steadily
declining since 1997, even as surface mine production has expanded, thus indicating that coal
reserves in Raleigh County are being rapidly depleted, as will be the jobs and severance taxes that
coal mining currently contributes to the county's economy; and
Whereas, A December 2008 study shows that long-term economic stewardship of Coal
River Mountain, allowing for both the continued recovery of coal by expanding underground mining
while preserving the surface landscape of Coal River Mountain for wind farming, affords substantial
and relatively greater economic benefits through diversified economic development and energy
production than surface mining would, and which surface mining activity alone eliminates; and
Whereas, Underground mining in West Virginia employs approximately twice the number
of workers per ton of coal produced than surface mining; and
Whereas, Developing alternative industries is necessary to ensure the future economic
vitality of the Coal River Valley; and
Whereas, The proposed wind farm development for Coal River Mountain received the
annual, nationally recognized and highly competitive "Building Economic Alternatives" award by
the nonprofit Green America (formerly Co-Op America); and
Whereas, Formal surveys and opinion polls show that a decisive majority of West Virginia
citizens support a ban on the surface mining practice of mountaintop removal mining, like that
currently being permitted on Coal River Mountain, and that sixty-two percent of West Virginians
support wind development rather than mountaintop removal mining for Coal River Mountain; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature supports the development of a permanent commercial
wind farm on Coal River Mountain in the Coal River Mountain Area of Raleigh County, West
Virginia, in order to promote the diversification of local and state economies and energy portfolios
while continuing to properly evaluate the permitting of responsible underground coal mining activity
in the area; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the Secretary of the Department of Environmental Protection.
Committee Reports
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 436, Updating terminology relating to surface mining reporting requirements.
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 436) to the Committee on Finance was
abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 341, Transferring juvenile justice database administration to Supreme Court,
S. B. 346, Correcting code reference related to bear tagging,
And,
Com. Sub. for S. B. 453, Relating to Public Service Commission service of decisions,
And reports the same back with the recommendation that they each 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:
Com. Sub. for S. B. 263, Disclosing certain inmates' personal communications,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 30
th
day of March, 2009, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 3083), Permitting blood donations by persons age sixteen with parental consent.
On motion for leave, a resolution was introduced (Originating in the Committee on Health
and Human Resources and reported with the recommendation that it be adopted,) which was read
by its title, as follows:
By Delegates Perdue, Hatfield, Wooton, Campbell, Phillips, Marshall, Staggers,
Manypenny, Susman, Rodighiero, Lawrence, Fleischauer, Eldridge, D. Poling, C. Miller, J. Miller, Rowan and Border:
H. C. R. 53 - "Requesting the Joint Committee on Government and Finance to conduct a
study on identifying good perinatal health education models or developing models in West
Virginia."
W
HEREAS
, West Virginia women under the age of twenty have higher rates of premature
births, low birth-rates and infant mortality than that of older women. The rate of births to this group
in the State has been increasing - higher than the national average; and
W
HEREAS
, In West Virginia from 2002-2004, infant mortality rates were highest for women
under twenty years of age(13.6 infant deaths per 1,000 live births), compared to all West Virginia
live births (8.0 infant deaths per 1,000 live births); and
W
HEREAS
, The majority of poor birth outcomes in women under twenty years of age are
directly related to a lack of knowledge and misinformation about how to have a healthy pregnancy
and a healthy baby; and
W
HEREAS
, Access to adequate perinatal health, life skills and wellness education would
improve opportunities for students to make informed decisions about planning for a healthy
pregnancy and parenting; and
W
HEREAS
, This can also be accomplished through professional development for health
educators, along with additional space for the purpose of conducting health classes in the school
system; and
W
HEREAS
, Healthy lifestyles questions should be included in core testing for students; and
W
HEREAS
, It is the Legislature's intent to reduce poor birth outcomes for women under
twenty years of age by conducting a study comparing perinatal outcomes and perinatal and parenting educational opportunities. The study will assist in identifying one or more county school systems
that could serve as models of perinatal education for the State, and will allow for the development
of recommendations to address the State's poor birth outcomes for this age group; and
W
HEREAS
, The U.S. Centers for Disease Control and Prevention have studied health
education curricula and their effectiveness, and
W
HEREAS
, This data shows that various school systems in West Virginia have implemented
some type of educational program for the purpose of preparing young people for their future role
as a parent; and
W
HEREAS
, A core curriculum should be developed through an analysis comparing the
curriculum to certain perinatal health outcomes such as infant mortality, low birth weight, infant
morbidity and other indicators; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and
identify model curriculums and any county school systems with good perinatal health education for
the purpose of planning to make improvements in perinatal and birth outcomes for both parents
twenty years of age and under and their newborn infants; and, be it
Further Resolved, That the Joint Committee on Government and Finance direct that the
Legislative Oversight Commission on Education Accountability and the Legislative Oversight
Commission on Health and Human Resources Accountability work with the Department of
Education and other interested parties to accomplish these goals and report to the regular session of
the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 379, Clarifying pharmacists and pharmacies as health care providers,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 379) was referred to
the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 307, Creating Maternal Screening Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 307) to the Committee
on Finance was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 321, Modifying certificate of need process,
And reports the same back with the recommendation that it do pass, and with the
recommendation that second reference of the bill to the Committee on Government Organization
be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 321) to the Committee
on Government Organization was abrogated.
At the request of Delegate Boggs and by unanimous consent, consideration of Senate
Messages was postponed until the completion of the Special Calendar.
Petitions
Delegates Williams and Shaver presented a petition on behalf of residents of their district,
expressing support of H. B. 2140, Excluding disability income received from a veteran for service
related injuries from any calculation used to determine spousal support; which was referred to the
Committee on Veterans' Affairs and Homeland Security.
Motions
Delegate Blair arose, and being recognized, moved to discharge
H. B. 3007, Implementing
random drug testing for recipients of federal-state assistance, state assistance and unemployment
compensation, from the Committee on the Judiciary.
On this motion, Delegate Blair demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 159), and there
were--yeas 30, nays 70, absent and not voting none, with the yeas being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller,
Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
So, a majority of the members present and voting not having voted in the affirmative, the
motion to discharge did not prevail.
Special Calendar
Third Reading
Com. Sub. for H. B. 2133, Increasing the penalties for discarding trash on land and in
streams; 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. 160),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2133) 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. 2415, Identifying salvia divinorum as a hallucinogen and adding it to
the list of controlled substances; 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. 161),
and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
Nays: Louisos and Staggers.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2415) 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. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical
precursors of methamphetamine; 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. 162),
and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Cowles.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2485) 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. 2536, Adding language that includes railcars and locomotives in the category of
railroad property that is illegal to interfere or tamper with; 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. 163),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2536) 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. 2538, Relating to supplemental funding for the provision of alternative
programs for limited English proficient students; 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. 164),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2538) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken
(Roll No. 165), and there were--yeas 100,
nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2538) 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.
H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal; 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. 166),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 2561) 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. 2626, Requiring licensure of pharmacy benefit managers; 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. 167),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2626) 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. 2747, Creating a temporary reinvestment fee for health insurers, third
party administrators and others; 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. 168),
and there were--yeas 72, nays 28, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Ashley, Azinger, Blair, Border, Carmichael, Cowles, Duke, Ellem,
Evans, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller, Overington, Porter, Rowan, Schadler,
Schoen, Shook, Shott, Sobonya, Staggers, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2747) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken
(Roll No. 169), and there were--yeas 85, nays
15, absent and not voting none, with the nays being as follows:
Nays: Andes, Ashley, Border, Duke, Lane, C. Miller, Overington, Porter, Rowan, Schoen,
Shott, Sobonya, Sumner, Susman and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) 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.
Com. Sub. for H. B. 2807, West Virginia Geographical Information System; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 170),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2807) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 171), and there were--yeas 100,
nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2807) takes effect from its passage
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2863, Relating to construction of state utility projects; 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. 172),
and there were--yeas 83, nays 17, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Ashley, Blair, Border, Duke, Ellem, Hamilton, Ireland, Lane,
McGeehan, C. Miller, Porter, Romine, Schoen, Sobonya and Sumner.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2863) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 173), and there were--yeas 92, nays
8, absent and not voting none, with the nays being as follows:
Nays: Border, Duke, Hamilton, McGeehan, Porter, Schoen, Sobonya and Sumner.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2863) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2870, Extending the deadline of the buyback provision provided under
the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 174),
and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2870) passed.
H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers; on
third reading, coming up in regular order, was read a third time.
Delegate C. Miller requested to be excused from voting on the passage of Com. Sub. for H.
B. 2064 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.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 175),
and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
Nays: Ennis and Givens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2964) 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. 2870, Extending the deadline of the buyback provision provided under
the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System,
still being in procession of the Clerk, was taken up for further consideration.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 176), and there were--yeas 100,
nays none, absent and not voting none.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2870) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2976, Requiring the State Fire Commission to promulgate rules
pertaining to the State Building Code; 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. 177),
and there were--yeas 73, nays 26, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles,
Duke, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Moye, Overington, Porter, Romine,
Schoen, Shott, Sobonya, Sumner, Tabb and Walters.
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2976) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 178), and there were--yeas 83, nays
16, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Louisos, McGeehan, C. Miller,
Overington, Porter, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Hamilton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2976) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 3043, Prohibiting extended coverage upon retirement based on years
of service for new higher education employees; 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. 179),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3043) 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. 3063, Relating to hunting, tagging and reporting bear; 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. 180),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3063) 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. 3105, Establishing drug free zones at regularly designated school bus
stops; on third reading, coming up in regular order, with amendments pending, was reported by the
Clerk.
On motion of Delegates Frazier and Ellem, the bill was amended on page two, line twenty-two, by striking out the words "is guilty of a misdemeanor and, upon conviction."
The Clerk then reported an amendment by Delegates Fleischauer, Shook, Lane and Sobonya
which sought to amend the bill on page two, line twenty-seven, by inserting the following new
subsection, designated subsection (b), to read as follows:
"(b) When the identified driver of a
vehicle
violates the provisions of subsection (a) of this
section and the violation causes bodily injury to any person other than the driver, he or she is guilty
of a felony, and upon conviction, shall be confined not less than one year and no more than three
years and shall be fined not less than five hundred dollars and not more than two thousand dollars.
When the identified driver of a
vehicle
violates the provisions of subsection (a) of this section, and
the violation causes death, he or she is guilty of a felony, and upon conviction, shall be confined not
less than one year and no more than ten years and shall be fined not less than one thousand dollars
and not more than three thousand dollars."
Unanimous consent having been obtained, the foregoing amendment was withdrawn.
On motion of Delegates Fleischauer, Shook, Lane and Sobonya, the bill was amended on
page on page two, line twenty-seven, by inserting the following new subsection, designated
subsection (b), to read as follows:
"(b) When the identified driver of a
vehicle
willfully, wantonly, or with reckless disregard
violates the provisions of subsection (a) of this section and the violation causes serious bodily injury
to any person other than the driver, he or she is guilty of a felony, and upon conviction, shall be
confined not less than one year and no more than three years and shall be fined not less than five
hundred dollars and not more than two thousand dollars. When the identified driver of a vehicle
willfully, wantonly or with reckless disregard violates the provisions of subsection (a) of this section, and the violation causes death, he or she is guilty of a felony, and upon conviction, shall be
confined not less than one year and no more than ten years and shall be fined not less than one
thousand dollars and not more than three thousand dollars."
And by renumbering the remaining subsections.
There being no further amendments, and having been engrossed, the bill was then read a
third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 181),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3105) 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. 3132, Relating to pedestrians' right-of-way in crosswalks; 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. 182),
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: Cann and Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3132) 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. 3146, Relating to seniority rights for school service personnel; 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. 183),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3146) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Miscellaneous Business
Delegate Overington asked and obtained unanimous consent that the remarks of Delegate
Blair regarding
H. B. 3007, Implementing random drug testing for recipients of federal-state
assistance, state assistance and unemployment compensation be printed in the Appendix to the
Journal.
Delegate Ireland asked and obtained unanimous consent that the questions and answers
between himself and Delegate Perdue regarding
Com. Sub. for H. B. 2747, Creating a temporary
reinvestment fee for health insurers, third party administrators and others, be printed in the
Appendix to the Journal.
Delegate Kominar announced that he was absent on today when the votes were taken on Roll Nos. 145 through 157, and that had he been present, he would have voted "Yea" thereon.
At 12:41 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:30 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
Special Calendar
Third Reading
-Continued-
H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit
Program; 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. 184),
and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Caputo, Martin, McGeehan, Schoen, Spencer and
Susman.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3155) 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. 3169, Providing a detailed standard of review that the county commission may apply
in reviewing the findings of a fiduciary supervisor on probate matters; 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. 185),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Caputo, McGeehan, Schoen, Spencer and Susman.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3169) 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. 3170, Clarifying the filing and review of the periodic accountings of conservators of
incapacitated protected persons; 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. 186),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3170) 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. 3194, Making it a misdemeanor to knowingly file false information
with the Secretary of State; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 187), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3194) 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. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for
littering; 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. 188),
and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Duke, Ellem, Lane, J. Miller and Walters.
Absent And Not Voting: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3197) 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. 3224, Relating to compensation for condemnation commissioners; 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. 189),
and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3224) 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. 3288, Relating to mental health parity; 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. 190),
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: Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3288) 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. 3295, Relating to the West Virginia State Treasurer's Office; on third reading, coming
up in regular order, was read a third time.
Delegates Ashley Hartman, Stowers, Spencer, Fragale, Staggers and Hunt requested to be
excused from voting on the passage of H. B. 3295 under the provisions of House Rule 49.
To the requests of the aforementioned members, the Speaker replied. He also stated that he includes himself in the request concerning the applicability of House Rule 49 as to voting on the bill
inasmuch as two of his children are the beneficiaries of the Prepaid College Tuition Fund.
The Speaker refused to excuse the Members from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein and further stated that he himself would vote on the
passage of the bill.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 191),
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: Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (H. B. 3295) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 192), 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: Caputo, McGeehan and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3295) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 3336, Continuing early intervention services to families with
developmentally delayed infants and toddlers but eliminating the cost-free provision; 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. 193), 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: Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 3336) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 2114, Providing a penalty for employers failing to withhold an
employee's income for child support obligations; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2170, Authorizing the Department of Commerce to promulgate
legislative rules; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
Com. Sub. for H. B. 2359, Defining "spelunking" as a recreational purpose and activity for
which a landowner's liability for injury is limited; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2388, Expanding the membership of the Racing Commission and
reorganizing the administrative functions; on second reading, coming up in regular order, was read
a second time.
On motion of Delegates Morgan and Stephens, the bill was amended on page twelve, line
sixty-seven, by striking out subsection (j) in its entirety and inserting in lieu thereof the following:
"(j) Each member is entitled to compensation not to exceed the amount paid to members of
the Legislature for their interim duties and reimbursement for actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner
consistent with guidelines of the Travel Management Office of the Department of Administration."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2457, Requiring group insurance companies and third party
administrators to furnish claims experience to policyholders; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2686, Requiring twenty consecutive minutes for meal breaks and
fifteen minute rest periods for employees during each four hours of work; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2695, Providing criminal penalties for a hunter who fails to render aid
to a person the hunter shoots while hunting; on second reading, coming up in regular order, was read
a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2723, Authorizing liens by municipalities and requiring administrative
procedures for the assessment and collection of delinquent municipal fees; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2781, Providing a tax credit to sawmills that become certified in the
Leadership in Energy and Environmental Design Green Building Rating System; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2788, Protecting incapacitated adults from abuse or neglect by a
caregiver; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary , was reported by the Clerk
and adopted, amending the bill on page two, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29. Abuse or neglect of incapacitated adult.
(a)
The following words when As used in this section
have the meaning ascribed, unless the
context clearly indicates otherwise: and section twenty-nine-a of this article, unless used in a context
that clearly requires a different meaning, the term:
(1) 'Abuse' means the infliction or threat to inflict physical pain or injury on an incapacitated
adult or elder person.
(1) 'Abuse' means:
(i) attempting to cause bodily injury, intentionally causing bodily injury, or intentionally
placing another in fear of imminent bodily harm; or
(ii) unreasonable or inappropriate use of physical restraint, medication, or isolation that
causes or is likely to cause bodily injury to an incapacitated adult that is in conflict with a
physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers
the health and safety of the incapacitated adult;
(2) 'Bodily injury' means substantial physical pain, illness or any impairment of physical
condition;
(2)(3) 'Caregiver' means an adult who has or shares actual physical possession or care of an
incapacitated adult or elder person incapacitated adult on a full-time or temporary basis, regardless
of whether such person has been designated as a guardian
or custodian of
such adult the
incapacitated adult by any contract, agreement or legal proceeding. Caregiver includes health care
providers, family members, and any person who otherwise voluntarily accepts a supervisory role
towards an incapacitated adult;
or elder person;
(3) 'Neglect' means: (i) The failure to provide the necessities of life to an incapacitated adult
or elder person or (ii) the unlawful expenditure or willful dissipation of the funds or other assets
owned or paid to or for the benefit of an incapacitated adult or elder person.
(4) 'Incapacitated adult' means any person who by reason of
advanced age, physical, mental
or other infirmity is unable to
physically carry on the daily activities of life necessary to sustaining
life and reasonable health;
(5) 'Elder' means a person age sixty-five years or older;
(6) 'Bodily injury' means substantial physical pain, illness or any impairment of physical
condition; and
(7) 'Custodian' means a person over the age of eighteen years who has or shares actual
physical possession of care and custody of an elder person on a full-time or temporary basis,
regardless of whether the person has been granted custody of the elder person by any contract,
agreement or legal proceeding.
(5) 'Neglect' means the unreasonable failure by a caregiver to provide the care necessary to
assure the physical safety or health of a incapacitated adult; and
(6) 'Serious bodily injury' means bodily injury which creates a substantial risk of death,
causes serious or prolonged disfigurement, prolonged impairment of physical health or prolonged
loss or impairment of the function of any bodily organ.
(b) Any person, caregiver, guardian or custodian who neglects an incapacitated adult or elder
person, or who knowingly permits another person to neglect said adult, is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than fifteen
hundred dollars, or imprisoned in the county or regional jail for not less than ninety days nor more
than one year, or both fined and imprisoned.
(b) Any caregiver who abuses or neglects an incapacitated adult and causes bodily injury,
is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than
one year, or shall be fined not less than $100 nor more than $1,000, or both fined and confined.
(c) Any
person, caregiver
, guardian or custodian who intentionally
and maliciously abuses or neglects an
incapacitated adult or elder person incapacitated adult and causes bodily injury, is
guilty of a felony and, upon conviction thereof, shall
in the discretion of the court, be confined in
a state correctional facility for not less than two nor more than ten years be imprisoned in a state
correctional facility not less than one nor more than three years, and be fined not more than $1,000.
(d) Any caregiver who intentionally and maliciously abuses or neglects an incapacitated
adult causing serious bodily injury is guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than two nor more than fifteen years, and be
fined not more than $5,000.
nor more than fifteen years, and be fined not more than $5,000.
(d) If any person, caregiver, guardian or custodian of an elder person or incapacitated adult,
willfully misappropriates or misuses the funds or assets of an incapacitated adult or elder person
for the person's, caregiver's, guardian's, or custodian's personal use, advantage or wrongful profit
or to the advantage or wrongful profit of another, he or she is guilty of a felony and, upon conviction
thereof, shall be fined not more than $5,000 and incarcerated in a correctional facility not less than
two nor more than ten years.
(e) If any person, caregiver, guardian or custodian of an elder person or incapacitated adult,
by means of deception, intimidation, coercion, infliction of bodily injury or threats of the infliction
of bodily injury, willfully misappropriates or misuses the funds or assets of an incapacitated adult
or elder person for the person's, caregiver's, guardian's, or custodian's personal use, advantage or
wrongful profit or to the advantage or wrongful profit of another, he or she is guilty of a felony and,
upon conviction thereof, shall be fined not more than $5,000 and incarcerated in a correctional
facility not less than five nor more than fifteen years.
(f) (e) Nothing in this article shall be construed to mean an
incapacitated adult is abused or
neglected for the sole reason that his or her independent decision is to rely upon treatment by spiritual means in accordance with the tenets and practices of a recognized church or religious
denomination or organization in lieu of medical treatment.
(f) Nothing in this article shall be construed to mean an incapacitated adult is abused or
neglected if deprivation of life-sustaining treatment or other act has been provided for by the West
Virginia Health Care Decisions Act, pursuant to article thirty, chapter sixteen of this code.
§61-2-29a. Unlawful expenditure or dissipation of funds of an incapacitated adult by as
caregiver.
(a) A caregiver of an incapacitated adult who intentionally misappropriates or misuses the
funds or assets of an incapacitated adult in the amount of less than $1,000 in value for the
caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of
another, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than
$1,000 or confined in jail no more than one year, or both fined and confined.
(b) A caregiver of an incapacitated adult who intentionally misappropriates or misuses the
funds or assets of an incapacitated adult in the amount of $1,000 or more in value for the caregiver's
personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, is guilty
of a felony and, upon conviction thereof shall be imprisoned in a correctional facility not less than
one nor more than ten years and, shall be fined not more than $5,000.
(c) A caregiver of an incapacitated adult, who by means of intentional intimidation, coercion,
infliction of bodily injury or threats of the infliction of bodily injury to an incapacitated adult,
willfully misappropriates or misuses for the caregiver's personal use, advantage or wrongful profit
or to the advantage or wrongful profit of another is guilty of a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility not less than five nor more than fifteen years, and
fined not more than $5,000."
The Clerk next reported an amendment offered by Delegate Overington heretofore filed with the Clerk.
Unanimous consent having been obtained, the foregoing amendment was then withdrawn.
There being no further amendments, the bill was then ordered to engrossment and third
reading.
Com. Sub. for H. B. 2819, Authorizing miscellaneous agencies and boards to promulgate
legislative rules; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
Com. Sub. for H. B. 2832, Relating to critical skills evaluations for students in grades three
and eight; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 2860, Regulating the sequestration and storage of carbon dioxide; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
Com. Sub. for H. B. 2868, Creating and maintaining the West Virginia Autistic Children's
Trust Fund, and creating a tax credit for contributing to a qualified autistic children's trust fund; on
second reading, coming up in regular order, was, at the request of Delegate Boggs, and by
unanimous consent, moved to the foot of the calendar.
Com. Sub. for H. B. 2894, Establishing tax credits for personal and commercial users of the
West Virginia Turnpike; on second reading, coming up in regular order, was read a second time,
advanced to third reading with a amendment pending and the rule was suspended to permit the
consideration of such amendment on that reading.
Com. Sub. for H. B. 2961, Adding two members to the institutional boards of governors of
West Virginia University and Marshall University based upon race, gender and ethnicity; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2981, Relating to primary elections and nominating procedures of third-party
candidates; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 2986, Imposing a tax of $50 on the transfer of real estate valued at
$25,000 or more within the incorporated limits of any municipality; on second reading, coming up
in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3000, Relating to a business and occupation tax on the business of the
transmission of electricity through certain electric transmission lines; on second reading, coming
up in regular order, was read a second time, advanced to third reading with an amendment pending
and the rule was suspended to permit the consideration of such amendment on that reading.
Com. Sub. for H. B. 3017, Exempting from the consumers sales and service tax and use tax
any sales of donated clothing or clothing accessories; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3022, Creating a medical home health care plan for uninsured adults;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
Com. Sub. for H. B. 3036, Relating to notice and publication requirements for expungement
petitions; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 3051, Providing veterans' death certificates to families and funeral
directors at no cost; on second reading, coming up in regular order, was read a second time.
On motion of Delegates White, Iaquinta and Walters, the bill was amended on page nine,
section ten, line eighty-one, following the words "to a veteran's", by inserting the word "immediate".
And,
On page nine, section ten, line eighty-two, following the words "family members and
dependents" by inserting the words "if requested within one hundred and twenty days of the
veteran's death."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3057, Requiring all law-enforcement agencies to certify qualified
law-enforcement officers to carry concealed firearms; on second reading, coming up in regular
order, was read a second time.
On motion of Delegate Webster, the bill was amended on page four, line twenty, after the
word "to", by striking out "18 U.S.C. §926C" and inserting in lieu thereof "18 U.S.C §926B".
On page four, line twenty-eight, after the word "and", by striking out "18 U.S.C. §926C" and
inserting in lieu thereof "18 U.S.C. §926B".
On page four, line thirty-two, after the word "under", by striking out "18 U.S.C. §926C" and
inserting in lieu thereof "18 U.S.C. §926B".
On page five, line thirty-four, by striking out "§926C" and inserting in lieu thereof "§926B".
And,
On page twelve, line six, by striking out "§926C" and inserting in lieu thereof "§926B".
The bill was then ordered to engrossment and third reading.
H. B. 3079, Changing the definition of "health care provider" and "drug" for the purpose of
consumers sales tax, and exempting from the consumers sales tax drugs purchased by veterinarians
to be dispensed by prescription for the treatment of animals; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3098, Relating to the payment of travel expenses of workers' compensation claimants; on second reading, coming up in regular order, was read a second time and
ordered to engrossment and third reading.
Com. Sub. for H. B. 3120, Increasing the WV Prosecuting Attorneys Institute's executive
council's elected members from five to seven and permitting the appointment of special prosecutors
in juvenile delinquency, child abuse or neglect proceedings; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3130, Increasing the barrel tax on nonintoxicating beer; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
Com. Sub. for H. B. 3134, Municipal vote by mail pilot program; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3190, Allowing the purchase of service credit for those emergency services officers
who transferred into the Emergency Medical Services Retirement System from the Public
Employees Retirement System; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3195, Establishing a funding mechanism for state aid for local health
departments; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 3240, Giving the Commissioner of Motor Vehicles authority to approve
all-terrain vehicle rider safety awareness courses; on second reading, coming up in regular order,
was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3275, Changing the date through which governmental entities are
required to purchase workers' compensation; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3276, Amending the professional surveyors act; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3278, Relating to the life and health insurance guaranty association;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
Com. Sub. for H. B. 3281, Improving the technology infrastructure of the West Virginia
Secretary of State's Office; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 3305, Relating to the powers and duties of probation officers; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
Com. Sub. for H. B. 3313, 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; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 3314, Relating to concealed handgun licensing; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3337, Relating to the regulation and control of elections; on second reading, coming
up in regular order, was read a second time.
Delegate Lane moved to amend the bill on page two, line three, by striking out the entirety
of subsection two and renumbering the remaining subsections.
On page four, line ten, by striking out the words "the costs of disseminating printed
materials, establishing a telephone bank".
On page five, line eight, by striking out "mass mailing, telephone bank, billboard advertising or published in any newspaper, magazine or other periodical".
On page ten, line three, by striking out the entirety of subsection seventeen and renumbering
the remaining subsections.
On page thirteen, at line twenty-three, by striking out the entirety of subsection twenty-nine
and renumbering the remaining subsections.
On page fifteen, line fifteen, by striking out "newspapers of general circulation, radio,
television or billboard advertising"and inserting in lieu thereof "radio or television advertising".
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 194), and there
were--yeas 31, nays 67, absent and not voting 2, with the yeas and absent and not voting being as
follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael,
Cowles, Crosier, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller,
Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner, Susman and
Walters.
Absent And Not Voting: Caputo and McGeehan.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment did not prevail.
There being no further amendments, the bill was ordered to engrossment and third reading.
Com. Sub. for H. B. 3339, Facilitating the complete closure of the Gwinn, otherwise known
as the EPA Services Landfill, located in Summers County; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2868, Creating and maintaining the West Virginia Autistic Children's Trust Fund, and creating a tax credit for contributing to a qualified autistic children's trust fund; on
second reading, coming up in regular order, was read a second time.
On motion of Delegate White, the bill was amended on page two, by striking out the section
heading in its entirety and inserting in lieu thereof the following:
"§11-21-12i. Credit for qualifying contribution to a qualified trust maintained for the benefit
of a child with autism; tax treatment of income accrued and subsequent
withdrawals made from a qualified trust made for the benefit of a child with
autism."
On page three, section twelve-i, line four, after the word "of" by striking out "an autistic
child", and by inserting in lieu thereof "a child with autism".
On page three, section twelve-i, line five, following the word "of" by striking out "an
autistic", and by inserting in lieu thereof "the".
On page four, in the article heading sixteen, following the word "for" by striking out "autistic
children", and by inserting in lieu thereof "children with autism".
On page five, section one, line two, by striking out "Autistic Children's" and by inserting
in lieu thereof "Children with Autism".
On page five, section two, line three, following the word "of" by striking out "autistic
children", and by inserting in lieu thereof "a child with autism".
On page five, section two, line four, following the word "help" by striking out "autistic" and
inserting in lieu thereof "the".
On page five, section two, line eight, following the word "of" by striking out "an autistic
child", and by inserting in lieu thereof "a child with autism".
One page five, section two, line nine, following the word "the" by striking out the word
"autistic".
On page six, section two, line sixteen, following the words "would allow" by striking out
"autistic children", and by inserting in lieu thereof "children with autism".
On page six, section two, line twenty-two, following the words "needs of" by striking out
"autistic children", and by inserting in lieu thereof "children with autism".
On page seven, section two, line forty, following the words "set aside for" by striking out
"an autistic child's future benefit", and by inserting in lieu thereof "the future benefit of a child with
autism".
On page seven, section two, line forty-three, following the words "needs of both" by striking
out "minor and adult autistic children", and by inserting in lieu thereof "minors and adults with
autism".
On page seven, section three, line four, following the words "Account" by inserting "or
"Trust Account".
On page seven, section three, line four, following the words "means" by striking out "an
Autistic Child Trust Account", and by inserting in lieu thereof "a 'Trust Account for a Child with
Autism'".
On page seven, section three, line six, following the words "or guardian of" by striking out
"an autistic child", and by inserting in lieu thereof "a child with autism".
On page seven, section three, line seven, following the words "establishes an" by striking
out "Autistic Child Trust Account", and by inserting in lieu thereof "Trust Account for a Child with
Autism".
On page eight, section three, line seventeen, following "(d)" by striking out"Autistic Child",
and by inserting in lieu thereof "Child with Autism".
On page nine, section three, line thirty-six, following the words "any contribution to" by
striking out "an Autistic Child Trust Account", and by inserting in lieu thereof "a Trust Account".
On page nine, section three, line thirty-seven, following the words "or guardian of" by
striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
On page nine, section three, following line thirty-eight, by striking out the word "autistic".
On page nine, section three, line forty, following the words "disbursement from" by striking
out "an Autistic Child Trust Account", and by inserting in lieu thereof "a Trust Account".
On page ten, section three, line forty-nine, following the words "conditions of the" by
striking out "Autistic Child".
On page ten, section three, line fifty-three, following the words "managing trustee of" by
striking out "Autistic Child", and by inserting in lieu thereof "the".
On page ten, following line fifty-four, by striking out the section heading in its entirety and
inserting in lieu thereof the following:
"
§44-16-4. Creation of the Trust Account for a Child with Autism."
On page ten, section four, line one, following the words "or guardian of" by striking out "an
Autistic child", and by inserting in lieu thereof "a child with autism".
On page ten, section four, line two, following the word "establish" by striking out "an
Autistic Child Trust Account", and by inserting in lieu thereof "a Trust Account for a Child with
Autism".
On page ten, section four, line three, following the words "future benefit of" by striking out
"an autistic", and by inserting in lieu thereof "the".
On page ten, section four, line five, following the words "or upon the" by striking out
"autistic".
On page eleven, section four, line fifteen, following in the words "made into the" by striking
out "Autistic Child".
On page eleven, section four, line twenty, following the words "individual who is" by striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
On page thirteen, following line sixty-five, by striking out the section heading in its entirety
and inserting in lieu thereof the following:
"§44-16-5. Establishment and Management of the Trust Account through the Treasurer;
creation an composition of the trustee advisory board; duties and
responsibilities; reimbursement of expenses."
On page fourteen, section five, line one, following "(a) The" by striking out "The West
Virginia Autistic Children's Trust Fund", and by inserting in lieu thereof "The West Virginia
Children with Autism Trust Fund".
On page fourteen, section five, line three, following the words "Treasure for administration."
by adding a new sentence to read "As used in this section, the phrase "Trust Fund" shall mean the
West Virginia Children with Autism Trust Fund.".
On page sixteen, section five, line thirty-nine, following "(g) The" by striking out "West
Virginia Autistic Children's".
On page sixteen, section five, line forty-one, following the words "beneficiaries of" by
striking out "Autistic Children's Trusts", and by inserting in lieu thereof "the Trust Accounts".
On page sixteen, section five, line forty-three, following the words "moneys in the" by
striking out "Autistic Children's".
On page sixteen, section five, line forty-four, following the words "remain in the" by striking
out "Autistic Children's".
On page sixteen, section five, following line forty-eight, by striking out "Autistic
Children's",
On page sixteen, section five, lines fifty-three and fifty-four, following the words "payable
from the" by striking out "West Virginia Autistic Children's".
On page sixteen, section five, following line fifty-four, by striking out "West Virginia
Autistic Children's".
On page seventeen, section five, line fifty-six, following "(i) The" by striking out "West
Virginia Autistic Children's".
On page seventeen, section five, line sixty-one, following the words "assets of the" by
striking out "West Virginia Autistic Children's".
On page seventeen, section five, line seventy-one, following the words "corpus of the" by
striking out "West Virginia Children's Autistic".
On page eighteen, section five, line seventy-five, following the words "in a qualified" by
striking out "autistic children's".
On page eighteen, following line eighty-three, by striking out the section heading in its
entirety and inserting in lieu thereof the following:
"
§44-16-6. Trust fund program administrative account."
On page eighteen, section six, line two, following the words "titled the" by striking out
"autistic children's", and by inserting in lieu thereof "West Virginia Children with Autism".
The bill was then ordered to engrossment and third reading.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of
the House of Delegates as follows:
H. B. 2795, Creating a special hunting and fishing license for persons with a life-threatening
condition who are under twenty-one years of age.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section forty-six-f, line two, after the word "Virginia" by inserting the words
"and nonresidents, as permitted in subsection (e) of this section".
And,
On page three, section forty-six-f, by striking out all of subsection (e) and inserting in lieu
thereof the following:
(e) The director shall provide licenses to nonresidents at no charge who:
(1) Meet the requirements of subsections (b) and (c) of this section; and
(2) Are recommended by qualifying nonprofit organizations who offer hunting and fishing
experiences.
(f) The director shall propose rules for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of this code setting forth the qualifications of applicants and
nonprofit organizations and the licensing process."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 195), 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: Caputo and McGeehan.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2795) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
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. 15 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §7-11-5a; to amend said code by adding thereto a new
section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; and to amend said code
by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section
of Parks and Recreation of the Division of Natural Resources, county parks and recreation
commissions, boards of parks and recreation commissioners, any officer or agent of a nonprofit state
park of forest foundation and owners of land used for public parks and recreation purposes under
an agreement with any of the foregoing entities"; which was referred to the Committee on Natural
Resources then 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
Com. Sub. for S. B. 56 - "A Bill to amend and reenact §18A-4-2a of the Code of West
Virginia, 1931, as amended, relating to the salary bonus for National Board for Professional
Teaching Standards certification; providing an exception if the certification is renewed to the ten-
year limit for receiving the bonus; and providing that a classroom teacher holding the certification
who subsequently becomes employed as a school principal, assistant school principal or in another
position in an instructional leadership capacity receives the salary bonus"; which was referred to the
Committee on Education then Finance.
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
Com. Sub. for S. B. 333 - "A Bill to amend and reenact §18-5-22 of the Code of West
Virginia, 1931, as amended, relating to basing school nurse ratio on total net enrollment instead of only kindergarten through seventh grade net enrollment"; which was referred to the Committee on
Education 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. 461 - "A Bill to amend and reenact §22-11-6 of the Code of West
Virginia, 1931, as amended, relating to extending the time for compliance with selenium effluent
limits"; which was referred to the Committee on Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 470 - "A Bill to amend and reenact §20-15-1, §20-15-2, §20-15-3, §20-
15-4, §20-15-5 and §20-15-6 of the Code of West Virginia, 1931, as amended, all relating to
regulating all-terrain vehicles and utility-terrain vehicles on the Hatfield-McCoy Trail; standardizing
the definition of 'all-terrain vehicle'; defining and regulating 'utility-terrain vehicle'; defining and
regulating 'motorcycle'; and making stylistic and technical corrections"; which was referred to the
Committee on Roads and Transportation 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. 483 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49-11-6, §49-11-7,
§49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act;
definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit;
exceptions to applicability; penalty for false statement; and rule-making authority"; which was
referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 490 - "A Bill to authorize and empower the county commission of Mercer County to
appoint an emergency operations center board to oversee the operation of the enhanced emergency
telephone systeserving Mercer County"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 495 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §33-14-6, relating to the Insurance Commissioner's authority to permit
groups, other than those specifically provided in this article, to get life insurance policies"; 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. 515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new chapter, designated §44C-1-1, §44C-1-2, §44C-1-3, §44C-1-4, §44C-1-5, §44C-1-6,
§44C-2-1, §44C-2-2, §44C-2-3, §44C-2-4, §44C-2-5, §44C-2-6, §44C-2-7, §44C-2-8, §44C-3-1,
§44C-3-2, §44C-4-1, §44C-4-2, §44C-4-3, §44C-5-1, §44C-5-2 and §44C-5-3, all relating to
enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; defining terms; authorizing a court in this state to treat a foreign country as if it were a state; allowing
communication and cooperation between courts for pending guardianship protective proceedings;
providing for taking testimony of a witness in another state; establishing jurisdictional basis for
guardianship and protective proceedings; providing guidance for determination of jurisdiction
between states; providing for special jurisdiction in certain situations; providing for exclusive and
continuing jurisdiction for a court that appointed a guardian or issued a protective order; providing
criteria for determining the appropriate forum for guardianship and protective proceedings;
authorizing a court to decline jurisdiction because of unjustifiable conduct; providing for additional
notice of proceedings between states; determining jurisdiction when there are proceedings in more
than one state; providing for transfer of guardianship or conservatorship to another state; providing
criteria for accepting transfer of guardianship or conservatorship from another state; providing for
registration of guardianship and protective orders; providing that registration of a guardianship or
protective order from another state allows the guardian or conservator to exercise his or her powers
as allowed by law in this state; requiring consideration of the need to promote uniformity of the law
when applying and construing this act; modifying, limiting and superceding certain provisions of
the federal Electronic Signatures in Global and National Commerce Act; providing that this act
applies to certain guardianship and protective proceedings begun on or after passage of the act; and
providing that this act applies to certain guardianship and protective proceedings regardless of when
they were begun"; 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. 519 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §5-1-29, relating to authorizing the Governor to institute an employee furlough program"; 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 533 - "A Bill to amend and reenact §11-15-9i of the Code of West
Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all
relating to the definitions of 'health care provider' and 'drug'; and exempting from the consumers
sales and service tax drugs purchased by veterinarians to be dispensed upon prescription for the
medical treatment of animals"; which was referred to the Committee on 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. 554 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-12-2c, relating to requiring sex offenders to pay a
fee which is to be deposited into the State Police Retirement Fund; and providing penalties"; which
was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 573 - "A Bill to amend and reenact §5A-3C-8 of the Code of West
Virginia, 1931, as amended, relating to continuing the West Virginia Pharmaceutical Cost
Management Council as an advisory council to the Pharmaceutical Advocate."; which was referred
to the Committee on Health and Human Resources 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. 575 - "A Bill to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-
25-5, §29-25-6, §29-25-8, §29-25-9, §29-25-11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-
25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25-25 and §29-25-
26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto
twelve new sections, designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-
32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37 and §29-25-38 of said code, all relating
to gaming at a historic resort hotel and pari-mutuel racetracks generally; updating and conforming
provisions for consistency purposes between hotel and racetracks; legislative findings and intent;
authorizing certain games of chance; modifying licensure requirements and fees therefor; renaming
State Gaming Fund the Historic Resort Hotel Fund; distributing revenue; creating formula for
renewal fee assessments; expanding licensees' authority to set wagers with commission approval;
redefining gross terminal income to allow and account for promotional play at hotel and racetracks;
defining terms; authorizing hotel to contract for management services with commission approval;
establishing Human Resource Benefit Advisory Board and setting criteria for membership thereon
and powers; authorizing certain complimentary services; restricting who may enter the designated
gaming area of the hotel to overnight guests, certain participants at hotel-based events and residents;
clarifying forfeiture of property provisions; authorizing commission to operate slot machines and
video lottery games; establishing requirements for video lottery terminals; establishing specific
duties required of the gaming facility; creating Capital Reinvestment Fund; imposing surcharge
against share of gross terminal income to be paid into the Capital Reinvestment Fund; declaring all
authorized games of chance to be owned by the state, preempting inconsistent county and municipal ordinances or rules; declaring exemption from federal law to facilitate authorization of legal gaming;
establishing rules of play and dispute resolution; authorizing shipment of gambling devices into
state; modifying distribution of revenue; license suspension and revocation; civil penalties;
authorizing emergency rulemaking; and establishing and modifying criminal offenses and
penalties"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 595 - "A Bill to amend and reenact §9-3-4 of the Code of West Virginia, 1931, as
amended, relating to the assignment of child support obligations"; 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. 612 - "A Bill to amend and reenact §61-5-29 of the Code of West
Virginia, 1931, as amended, relating generally to criminal enforcement for willful failure to pay
child support"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 632 - "A Bill to amend and reenact §9-5-11b of the Code of West Virginia, 1931, as
amended, relating to requiring insurers to share information with the Bureau for Medical Services
with regard to services provided to an individual during a period of coverage with another insurer";
which was referred to th e 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, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 636 - "A Bill finding and declaring certain claims against the state and its agencies to
be moral obligations of the state; and directing the Auditor to issue warrants for the payment
thereof"; which was referred to the Committee on 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. 760 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §62-12-28, relating to authorizing the Supreme Court of Appeals to
establish up to five pretrial release programs throughout the state utilizing existing probation offices
and day-report centers to reduce jail population while ensuring public safety"; which was referred
to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:
S. C. R. 14 - "Authorizing the issuance of revenue bonds payable from the State Excess
Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and
structures for state colleges and universities."
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West
Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery
revenues; andWhereas, The West Virginia Higher Education Policy Commission is a governmental
instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections
one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two,
chapter twenty-nine of the Code of West Virginia, 1931, as amended, a special revenue fund within
the State Lottery Fund in the State Treasury was established and is known as the State Excess
Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million
annually to the Higher Education Improvement Fund for Higher Education; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two,
chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent
resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the
bonds from the Higher Education Improvement Fund for Higher Education. The bonds may be
issued by the Higher Education Policy Commission, payable from the Higher Education
Improvement Fund for Higher Education and as may be authorized by the Higher Education Policy
Commission, from revenues pledged from required educational and general capital fees. The Lottery
Commission shall deposit into the Higher Education Improvement Fund for Higher Education,
created pursuant to said section, the sum of $15 million in each fiscal year to be used to pay debt
service on the revenue bonds issued by the Higher Education Policy Commission to finance
improvements for state colleges and universities. The revenues pledged for the repayment of
principal and interest of these bonds may also include required educational and general capital fees
authorized by sections one and eight, article ten, chapter eighteen-b of said code; and
Whereas, Every issue of the Higher Education Policy Commission's bonds shall be special
obligations of the Higher Education Policy Commission, payable solely from the educational and
general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the Higher Education Policy Commission; and
Whereas, The bonds shall be authorized by resolution of the Higher Education Policy
Commission, shall bear the date, shall mature at time or times, not exceeding 40 years from the date
of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds payable from the State
Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities,
buildings and structures for state colleges and universities; and, be it
Further Resolved, That the Higher Education Policy Commission may pledge for the
repayment of principal and interest of revenue bonds issued pursuant to sections one and eight,
article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the
Higher Education Improvement Fund for Higher Education authorized by section eighteen-a, article
twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the Higher
Education Policy Commission. The revenues pledged for the repayment of principal and interest of
such bonds may also include educational and general capital fees authorized by sections one and
eight, article ten, chapter eighteen-b of said code; and, be it
Further Resolved, That every issue of its bonds shall be special obligations of the Higher
Education Policy Commission, payable solely from the educational and general capital fees or other
sources available to the Higher Education Policy Commission which are pledged therefor, including
the Higher Education Improvement Fund for Higher Education; and, be it
Further Resolved, That, upon resolution of the Higher Education Policy Commission, the
funds deposited into the Higher Education Improvement Fund for higher education shall be
deposited into the special Capital Improvement Fund created under section eight, article ten, chapter
eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the
Higher Education Policy Commission only to make capital improvements at state colleges and
universities; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor and the Higher Education Policy Commission.
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. 142 - "A Bill to amend and reenact §5B-2E-5 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated
§5B-2E-7b and §5B-2E-7c, all relating generally to the West Virginia Tourism Development Act;
and adding a small scale tourism development component and an ancillary project
component;"which was referred to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 172 - "A Bill to amend and reenact article 2, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures relating thereto; continuing rules
previously promulgated by state agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; repealing certain legislative rule;
authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to
general provisions; authorizing the Consolidated Public Retirement Board to promulgate a
legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to the Teachers Retirement System;
authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to
the Public Employees Retirement System; authorizing the Consolidated Public Retirement Board
to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest
factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule
relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police;
authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to
the Deputy Sheriff Retirement System; authorizing the Division of Personnel to promulgate a
legislative rule relating to reimbursement of compensation paid to state employees for training,
education and professional development; authorizing the Department of Administration to
promulgate a legislative rule relating to the Purchasing Division; authorizing the Department of
Administration to promulgate a legislative rule relating to fair market price determination;
authorizing the Department of Administration to promulgate a legislative rule relating to statewide
contracts; authorizing the Department of Administration to promulgate a legislative rule relating to
qualifications for participation; authorizing the Department of Administration to promulgate a
legislative rule relating to parking; authorizing the Ethics Commission to promulgate a legislative
rule relating to the purchase, sale or lease of personal property; authorizing the Ethics Commission
to promulgate a legislative rule relating to interest in public contracts; authorizing the Ethics
Commission to repeal a legislative rule relating to voting; authorizing the Ethics Commission to promulgate a legislative rule relating to employment exemptions; authorizing the Ethics
Commission to promulgate a legislative rule relating to lobbying; and authorizing the Ethics
Commission to promulgate a legislative rule relating to the filing of verified time records"; 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. 282 - "A Bill to amend and reenact §60-3A-2, §60-3A-2a, §60-3A-4,
§60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60-3A-10b, §60-3A-11 and §60-3A-12 of the Code
of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §60-3A-10d, all relating to classifying retail licenses for the sale of liquor; setting forth
legislative findings; defining certain terms; authorizing the Alcohol Beverage Control Commissioner
to issue retail licenses for the sale of liquor; establishing certain standards for the issuance of
licenses within market zones; limiting the issuance of retail licenses to operate mixed retail liquor
outlets; authorizing the commissioner to adopt certain standards for retail outlets; increasing the
maximum percentage of retail licenses a person may own; providing a purchase option for active
retail licensees seeking to operate a freestanding liquor retail outlet; providing for financing for the
purchase of a retail license for a freestanding liquor retail outlet; and authorizing emergency rules";
which was referred to the Committee Government Organization 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. 326 - "A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; to amend said
code by adding thereto a new section, designated §33-24-7j; to amend said code by adding thereto
a new section, designated §33-25-8h; and to amend said code by adding thereto a new section,
designated §33-25A-8i, all relating to mandating insurance coverage of dental anesthesia in certain
circumstances"; 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
Com. Sub. for S. B. 327 - "A Bill to amend and reenact §17A-1-1 of the Code of West
Virginia, 1931, as amended; to amend and reenact §17A-3-7 of said code; to amend and reenact
§17A-3A-2 and §17A-3A-3 of said code; and to amend and reenact §17A-10-1 of said code, all
relating to registration and operation of mini-trucks by a city, county, state or other governmental
entity for the purpose of parking enforcement or other governmental purposes"; which was referred
to the Committee on Roads and Transportation 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. 408 - "A Bill to repeal §33-48-11 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new section, designated §33-48-7b; and to
amend and reenact §33-48-8 of said code, all relating to the model health plan for uninsurable
individuals; removing obsolete sunset provision; authorizing the use of surplus funds in the plan
fund to subsidize premiums of certain enrollees; and permitting the board to propose legislative rules
to propose additional classes of individuals to which the preexisting condition exclusion may not
apply"; which was referred to the Committee on 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. 431 - "A Bill to amend and reenact §33-16D-16 of the Code of West Virginia, 1931,
as amended, relating to notice to in-state medical providers of the participation provisions of the
small group health benefit plan"; which was referred to the Committee on Banking and Insurance
then Finance.
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
Com. Sub. for S. B. 439 - "A Bill to amend and reenact §15-2-10 of the Code of West
Virginia, 1931, as amended, relating to permitting the Superintendent of the State Police to consult
with the Insurance Commissioner instead of the Executive Director of the Workers' Compensation
Commission in order to defray medical costs; and changing the maximum medical care costs
schedule from that of the Workers' Compensation Commission to the Insurance Commissioner";
which was referred to the Committee on Government Organization 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. 442 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §11A-3-5a and §11A-3-5b; and to amend and
reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18,
§11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26,
§11A-3-27, §11A-3-28, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to delinquent land sales by the sheriff; authorizing the State Auditor to perform certain duties for
delinquent land sales by sheriff instead of the clerk of the county commission; effective date; and
allowing counties to retain duties for delinquent land sales by sheriff"; 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. 452 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups by the
Public Employees Insurance Agency"; 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
Com. Sub. for S. B. 484 - "A Bill to amend and reenact §11-3-1, §11-3-2a, §11-3-10,
§11-3-12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a and §11-3-25 of the Code of West Virginia,
1931, as amended; to amend said Code by adding thereto eleven new sections, designated
§11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h,
§11-3-15i, §11-3-25a and §11-3-32; and to amend said code by adding thereto a new article,
designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5, §11-6J-6 and §11-6J-7, all relating to
taxation of real and personal property for ad valorem property tax purposes; making technical
corrections in certain code sections to conform to prior acts of the Legislature; accelerating date for
issuance of notices of increase in assessed value of real property; updating forfeiture penalties for
failure to file required property tax reports and returns; clarifying report and return filing requirements and accelerating due dates of such reports and returns in order to provide property
owners with greater due process; requiring assessors to notify owners of commercial business
personal property of increases in assessed values for current assessment year by specified date;
providing procedures for property owners to protest notices of assessed valuation and obtain
appropriate adjustments from county assessors; appeal of protested assessments to county board of
equalization and review and circuit court; protest of classification or taxability to Tax
Commissioner; specifying effective dates; providing methods for assessment of industrial property
and natural resources property; time and basis for assessments; providing definitions; specifying
form and manner of making returns; penalties for failure to file; tentative appraisals by Tax
Commissioner and notification to taxpayers; providing procedures for informal review of tentative
appraisals; making of final appraisals; transmitting to assessors; appeals; and specifying effective
dates"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 488 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §16-43-1 and §16-43-2, all relating to tanning facilities; definitions; and
consent required for minor using tanning device or 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 and requested the concurrence
of the House of Delegates in the passage, of
S. B. 492 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as
amended, relating to the terms of participation in the Public Employees Insurance Agency of dependent children and employees hired on or after July 1, 2009, upon retirement"; which was
referred to the Committee on 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. 507 - "A Bill to amend and reenact §5C-2-5 of the Code of West Virginia, 1931, as
amended, relating to powers and duties of the West Virginia Clean Coal Technology Council;
requiring a study of carbon capture and control; and quarterly reports to the Joint Committee on
Government and Finance"; which was referred to the Committee on Government Organization then
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 513 - "A Bill to amend and reenact §18A-2-2, §18A-2-7 and §18A-2-8a of the Code
of West Virginia, 1931, as amended; to amend and reenact §18A-3-1, §18A-3-2a and §18A-3-2b
of said code; and to amend and reenact §18A-4-7a of said code, all relating to the hiring,
termination, transfer and reassignment of teachers and school personnel; revising certain dates upon
which action must be taken with respect to the hiring or transfer of teachers and school personnel;
providing an incentive payment to professional personnel who file notice of retirement on or before
December 1; repealing the citizenship requirement for a teaching certificate; creating an exception
to the preference for currently employed certified professional educators for coaching positions;
reducing the length of the beginning teacher internship program under certain circumstances;
authorizing county boards to hire teachers and professional personnel based on certain equally
weighted criteria; authorizing reposting if no applicants are satisfactory; facilitating compliance with posting requirements; and authorizing elementary school teachers to be reassigned under certain
conditions"; which was referred to the Committee on Education then Finance.
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
Com. Sub. for S. B. 532 - "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's participation in the Nationwide
Mortgage Licensing System and Registry; complying with the SAFE Mortgage Licensing 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 Mortgage
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 originatmortgage loans"; 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
Com. Sub. for S. B. 561 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §7-2-8; and to amend and reenact §30-13A-36 of said
code, all relating to surveyors; and requiring each county surveyor of lands to be a licensed surveyor
after a date certain"; 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. 585 - "A Bill to amend and reenact §22-15-7 of the Code of West
Virginia, 1931, as amended, relating to limiting waste disposed of at a landfill free of charge to five
hundred pounds"; 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
S. B. 610 - "A Bill to amend and reenact §11-13X-3, §11-13X-5, §11-13X-6, §11-13X-8,
§11-13X-9 and §11-13X-13 of the Code of West Virginia, 1931, as amended, all relating generally
to the West Virginia Film Industry Investment Act; clarifying definitions; stating the amount of
credit allowed in specified percentages; clarifying contradictory requirements to claim credit;
clarifying language relating to use of credit and transfer process; clarifying language to protect
transferees; authorizing issuance of rules by the Secretary of Commerce for administration of the
film credit; and making amendments retroactively applicable to taxable years beginning after
December 31, 2007"
; which was referred to the Committee on 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. 613 - "A Bill to amend and reenact §22-21-6, §22-21-15, §22-21-16
and §22-21-17 of the Code of West Virginia, 1931, as amended, all relating to clarifying notice
requirements; requiring the promulgation of rules associated therewith; making technical
clarifications; and penalties"; 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. 621 - "A Bill to amend and reenact §61-7-14 of the Code of West
Virginia, 1931, as amended, relating to only allowing a private owner, lessee or other person
charged with the care, custody and control of real property to prohibit the carrying, openly or
concealed, of any firearm or deadly weapon on private property under his or her domain; clarifying
that municipal and county governments are not entities for purposes of this section"; 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. 658 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §12-3A-4a, relating to authorizing the Auditor and
Treasurer to contract for emergency banking services in the event of financial crisis affecting the
current provider"; which was referred to the Committee on Banking and Insurance 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. 666 - "A Bill to amend and reenact §8A-5-12 of the Code of West Virginia, 1931, as
amended; to amend and reenact §16-13E-2, §16-13E-4 and §16-13E-7 of said code, as amended;
and to amend said code by adding thereto a new section, designated §16-13E-10a, all relating to
community enhancement districts; procedures related to creation or expansion thereof; vesting
period for an approved land development plan and plat; and clarifying the applicability of certain statutory provisions to such construction under certain circumstances"; which was referred to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
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. 672 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §9-2-9a, relating generally to mental health; creating Mental Health
Stabilization Act of 2009; making legislative findings; increasing reimbursement rates in mental
health service codes; requiring periodic reports to the Legislature; and providing an implementation
date and a termination date"; which was referred to the Committee on 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. 674 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §29-6-29, relating to demographic information of state
officers and employees; requiring the Director of the Division of Personnel to collect and report the
demographic information; and requirements"; which was referred to the Committee on Government
Organization then 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
Com. Sub. for S. B. 693 - "A Bill to amend and reenact §59-1-2 of the Code of West
Virginia, 1931, as amended, relating to the collection and expenditure of fees by the West Virginia Secretary of State's office; and improvements to the technology infrastructure within the Secretary
of State's office"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 695 - "A Bill to amend and reenact §5-5-6 of the Code of West
Virginia, 1931, as amended, relating to payment for unused sick leave; limiting employees to a
lifetime payment of $25,000; providing caps on the amount the daily rate of pay is calculated by;
providing that payment may be made upon application and verification that the employee is eligible
for payment; and provisions to be applied retroactively"; which was referred to the Committee on
Finance.
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
Com. Sub. for S. B. 706 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-2-53, relating to the establishment of a leave
donation program for the largest statewide professional law-enforcement association representing
members of the West Virginia State Police"; which was referred to the Committee on 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. 719 - "A Bill to amend and reenact §8-14-24 of the Code of West Virginia, 1931, as
amended, relating to allowing a police officer meeting certain requirements to keep, without charge,
his or her service weapon upon retirement"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 753 - "A Bill to amend and reenact §8A-4-6 of the Code of West Virginia, 1931, as
amended, relating to municipalities; effect of adopted subdivision and land development ordinances;
and providing that this chapter does not authorize an ordinance, rule or regulation preventing the
complete use of natural resources by the owner outside of urban areas"; 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
S. B. 761 - "A Bill to amend and reenact §61-3-12 of the Code of West Virginia, 1931, as
amended, relating to extending criminal penalties for prohibited entry upon commercial property
enclosed by a fence or similar physical barrier or upon certain structures used for utility transmission
or distribution"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 763 - "A Bill to amend and reenact º19-23-3, º19-23-13a and º19-23-13b of the Code
of West Virginia, 1931, as amended, all relating to clarifying that registration of certain
thoroughbred race horses is under the authorization and oversight of the Racing Commission";
which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 764 - "A Bill to amend and reenact §3-6-9 the Code of West Virginia, 1931, as
amended, relating to election recount procedures; providing that certification of results in multiple
county races will not be made final until each county has declared results of election; and requiring
Secretary of State notify each county that results have been declared"; which was referred to the
Committee on the Judiciary.
Miscellaneous Business
Delegate Brown announced that she was absent on today when the votes were taken on Roll
Nos. 184 through 193, and that had she been present, she would have voted "Yea" thereon.
Delegate Martin announced that he was absent on today when the vote was taken on Roll No.
184, and that had he been present, he would have voted "Yea" thereon.
Delegate Spencer announced that she was absent on today when the votes were taken on Roll
Nos. 184 and 185, and that had she been present, she would have voted "Yea" thereon.
At 3:17 p.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, April 1, 2009.