hdj2010-02-26-45
__________*__________
Friday, February 26, 2010
FORTY-FIFTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 25, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Delegates Moye, Martin, Anderson, Andes, Armstead, Ashley, Azinger, Barker, Blair, Boggs,
Border, Cann, Canterbury, Caputo, Carmichael, Crosier, Duke, Ellem, Ennis, Evans, Ferro, Fragale,
Givens, Hall, Hamilton, Hartman, Iaquinta, Ireland, Klempa, Kominar, Lawrence, Longstreth,
Mahan, Manchin, Manypenny, McGeehan, J. Miller, Moore, Overington, Paxton, Perry, Pethtel,
Phillips, D. Poling, Porter, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Sobonya,
Sumner, Swartzmiller, Talbott, D. Walker, Walters, White and Williams offered the following
resolution, which was read by the Clerk as follows:
H. R. 24 - "Declaring that February 26, 2010, be designated 'West Virginia State Grange
Day'."
Whereas, The Grange is the world's first Farm Fraternal Association; and
Whereas, The West Virginia State Grange is our State's oldest agricultural and rural
community organization; and
Whereas, The Grange has been a tireless champion for West Virginia's farmers and their
rural communities through a vigorous grassroots advocacy of the mutual interests of its members;
and
Whereas, The Grange provides opportunities for families and individuals to develop to their
highest potential in order to build stronger communities; and
Whereas, Voluntary association with the Grange not only provides the benefits of economic
and political cooperation for its members, but it also elevates their character by providing social,
cultural and educational programs, along with opportunities for personal growth; and
Whereas, The Grange increases the influence of each of its members by giving them the
opportunity to serve their community through projects and programs that make a difference in the
lives of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State of West Virginia since June
1873; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates designates February 26, 2010, as "West Virginia State Grange
Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for the appropriate representatives of the West Virginia State Grange.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
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 25
th
day of February, 2010 presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. 4309), Authorizing the Town of Moorefield, the Hardy County Commission, and
Hardy County's largest corporate user of public wastewater facilities to construct and maintain a state
of the art regional wastewater treatment plant.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Doyle, Spencer, Iaquinta, Eldridge, Guthrie, Mahan, Marshall, Phillips,
Carmichael, Evans and Ashley:
H. B. 4668 - "A Bill making a supplementary appropriation of federal funds out of the
Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
June 30, 2010, to the Crime Victims Compensation Fund, fund 8738, fiscal year 2010, organization
2300, to the Department of Education and the Arts - Division of Culture and History, fund 8718,
fiscal year 2010, organization 0432, and to the Department of Environmental Protection - Division
of Environmental Protection, fund 8708, fiscal year 2010, organization 0313, all supplementing and
amending the appropriations for the fiscal year ending June 30, 2010."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4167, Creating a special revenue fund, known as the Department of Health and Human Resources Safety and Treatment Fund,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4167 - "A Bill to amend and reenact §17C-5A-3 of the Code of West
Virginia, 1931, as amended, relating to creation of a special revenue account, known as the
Department of Health and Human Resources Safety and Treatment Fund; making a one-time transfer
of monies into the fund; providing rule-making authority; and control and use of the fund by the
agency,"
H. B. 4339 Relating to collecting debts through the United States Treasury Offset Program,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4339 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §14-1-37, relating to collecting debts through the United
States Treasury Offset Program; authorizing the State Auditor to enter into agreements with the
United States Treasury's Financial Management Service; specifying reduction and offset of payments
for collection of debt; authorizing rules; specifying cost-effective actions to aggressively collect; and
authorizing interagency agreements,"
And,
H. B. 4448, Correcting an inconsistency in the code regarding school board levies,
And reports back a committee substitute therefor, with a new title, as follow:
Com. Sub. for H. B. 4448 - "A Bill to amend and reenact §11-8-12 and §11-8-12a of the
Code of West Virginia, 1931, as amended, all relating to the dates of certain meetings of county
boards of education related to levies,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4177, Dedicating five percent of coal severance tax to the county of origin,
And reports the same back with the recommendation that it do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4493, Authorizing a rule for the Higher Education Policy Commission regarding the
Energy and Water Savings Revolving Loan Fund Program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4493 - "A Bill to amend and reenact §18B-17-2 of the Code of West
Virginia, 1931, as amended, relating to authorizing rules for higher education; and authorizing rules
for the Higher Education Policy Commission regarding the Energy and Water Savings Revolving
Loan Fund Program and the West Virginia Providing Real Opportunities for Maximizing In-State
Student Excellence (PROMISE) Scholarship Program,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4493) to the Committee
on the Judiciary was abrogated.
On motion for leave, a resolution was introduced (Originating in the Committee on Education
and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates M. Poling, Paxton, Perry, Pethtel, Duke, Moye, Rodighiero, Romine,
Lawrence, Williams, Smith, Stowers, Ireland, Louisos, D. Walker, Shott, Rowan, Ennis,
Fragale, Crosier, Beach, Andes, Shaver, Sumner and Canterbury:
H. C. R. 77 - "Requesting the Joint Committee on Government and Finance to conduct a
study on the care and prevention of concussion injuries in sports regulated by the Secondary Schools
Activities Commission including, not limited to, developing the guidelines and other pertinent
information to inform and educate coaches, youth athletes and their parents or guardians of the nature and risk of concussion and head injury and continuing to play after concussion or head
injury."
Whereas, As many as 3.8 million concussions related to sports and recreation are estimated
to occur in the United States each year and there are an estimated 300,000 concussions annually
among professional, college and high school football players; and
Whereas, Most concussions are mild, but re-injury and second impact syndrome can lead
to lifelong disability and death; and
Whereas, Re-injury and second impact syndrome are highly preventable, but one in fifteen
athletes with a concussion have recurring concussions within seven to ten days from their first
concussion; and
Whereas, Concussions are the most common type of brain injury in sports and restricting
cognitive and physical activity immediately after the concussion is crucial for recovery; and
Whereas, The ability to prevent concussion injuries in sports relies on the education of
athletes, coaches, referees, administrators and parents regarding the detection and management of
a concussion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on the care and prevention of concussion injuries in sports regulated by the Secondary Schools
Activities Commission including, not limited to, developing the guidelines and other pertinent
information to inform and educate coaches, youth athletes and their parents or guardians of the
nature and risk of concussion and head injury and continuing to play after concussion or head injury;
and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
report to the regular session of the Legislature, 2011, 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
draft necessary legislation are requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
And,
By Delegates M. Poling, Paxton, Perry, Pethtel, Duke, Moye, Rodighiero, Romine,
Lawrence, Williams, Smith, Stowers, Ireland, Louisos, D. Walker, Shott, Rowan, Ennis,
Fragale, Crosier, Beach, Andes, Shaver, Sumner and Canterbury
:
H. C. R 78 - "Requesting the Joint Committee on Government and Finance to conduct a
study on providing adequate time in the school day reserved for teacher planning and preparation."
Whereas, Teacher planning and preparation are the key to effective teaching and W. Va.
Code §18-4-14 provides teachers a planning period time of one class period each instructional day,
but not less than thirty minutes, during which they may not be assigned any duties; and
Whereas, The additional duties of teachers including, but not limited to, supervising
students, IEP meetings, SAT meetings, and professional training meetings, increasingly infringe
upon the limited planning period time currently reserved during the instructional day solely for
teachers to complete necessary planning and preparation for the instruction of pupils; and
Whereas, Teacher planning and preparation are becoming increasingly important and time
consuming with the emphasis on integrating technology into teaching and learning and utilizing
project-based instruction, problem solving, teamwork and other instructional strategies designed to
actively engage students and improve learning; and
Whereas, Time within the school day for collaborative teacher planning and preparation to
improve instruction and learning including, but not limited to, reviewing student academic
performance based on multiple measures, identifying strategies to improve student academic
performance, and planning and preparation to implement the needed improvements is increasingly
being recognized as a valuable tool for improving education; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on providing adequate time in the school day reserved for teacher planning and preparation; and, be
it
Further Resolved, That the Joint Committee on Government and Finance is requested to
report to the regular session of the Legislature, 2011, 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
draft necessary legislation are requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
The Speaker referred the resolutions (H. C. R. 77 and H. C. R. 78) to the Committee on
Rules.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Shaver, D. Walker, Lawrence, Canterbury, Shott, Sumner, Smith,
Stowers, Rodighiero, Ireland and Rowan:
H. B. 4669 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-5B-10, relating to granting exceptions to certain statutes to
innovation zone plans approved by state board; specifying scope, limitations and conditions on
exceptions granted."
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4374, Caregivers Consent Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4374 - "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; criminal penalty for false statement; and rule-making
authority,"
H. B. 4425, Developing a pilot program for unlicensed personnel to administer medication
in a nursing home,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4425 - "A Bill to amend of the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §30-7-20, relating to the development of a
pilot program for unlicensed persons to administer medications in a nursing home by the Board of
Registered Professional Nurses,"
And,
H. B. 4513, Establishing requirements for Marcellus gas well operations use of water
resources,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4513 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §22-6-42, relating to establishing requirements for
Marcellus gas well operations use of water resources,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4444, Authorizing lateral transfers for deputy sheriffs,
H. B. 4496, Prohibiting bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates,
And,
H. B. 4589, Conforming article three of chapter three of the Code of West Virginia, to the
requirements of the Military and Overseas Voter Empowerment Act of 2009,
And reports the same back with the recommendation that they each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4201, Creating the Livestock Care Standards Board,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4201 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C-5 and
§19-1C-6, all relating to creating the Livestock Care Standards Board for the purpose of establishing
standards governing the care and well-being of livestock and poultry in West Virginia; defining
terms; specifying conditions of membership and the qualifications, terms and compensation of
members; authoring legislative rulemaking; requiring annual meetings of the board; and allowing
for additional meetings,"
H. B. 4217, Requiring the West Virginia Enhanced 911 Council to propose Emergency
Medical Dispatch procedures,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4217 - "A Bill to amend and reenact §24-6-5 of the Code of West
Virginia, 1931, as amended, relating to requirements for enhanced emergency telephone systems and
county emergency dispatch centers,"
H. B. 4260, Relating to insurance adjusters,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4260 - "A Bill to repeal §33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5,
§33-12B-9, and 33-12B-11 of said code; to amend said code by adding thereto a new section,
designated §33-12B-10a, all relating to insurance adjusters; defining 'home state', 'company
adjuster' and 'crop adjuster'; permitting an adjuster to designate a home state; establishing a new
crop adjuster license and its qualifications; revising the requirements for nonresident adjusters;
granting the Commissioner of Insurance the authority to examine the business practices of persons
holding or applying for adjuster licenses; revising the licensing renewal requirements; requiring
notification by adjusters of legal actions taken against them; clarifying the process to be used
concerning adverse administrative actions; and increasing maximum administrative penalty for
violations,"
H. B. 4285, Relating to the licensing of residential mortgage brokers, lenders and loan
originators by the Division of Banking,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4285 - "A Bill to amend and reenact §31-17-4 of the Code of West
Virginia, 1931, as amended, and to amend and reenact §31-17A-2, §31-17A-3, §31-17A-4, §31-17A-
6, §31-17A-9, §31-17A-12 and §31-17A-13 of said code, all relating to the licensing of residential
mortgage brokers, lenders and loan originators by the Division of Banking; definitions; allowing the
Commissioner of Banking to reduce or waive application fees, bond amounts and net worth
requirements of bona-fide nonprofit business entities, including community housing development
organizations; providing that mortgage loan originators may be employed by or under contract with
only one mortgage broker or lender at any time; allowing the commissioner to reduce or waive the
application fees for mortgage loan originators employed by bona fide nonprofit organizations or
other community housing development organizations; providing that a mortgage loan originator
license may not be transferred or assigned and that a mortgage loan originator changing employers
must provide thirty days prior notice to the commissioner and pay a fee of $50; increasing the
amount of prelicensing education required for loan originators from twenty to twenty-two hours; providing that prelicensing education courses and requirements and continuing education courses
for mortgage loan originators may be approved by the division of banking; providing a procedure
for the commissioner to follow whenever taking an enforcement action under article seventeen-a of
this code; allowing any person not licensed as a mortgage lender or broker under article seventeen
of chapter thirty-one of this code or article four of chapter forty-six-a of this code to register with the
Nationwide Mortgage Licensing System and Registry and provide a surety bond in the appropriate
amount for any mortgage loan originators it employs; and allowing the commissioner to reduce or
waive the bond amounts imposed by article seventeen-a for mortgage loan originators employed by
bona fide nonprofit corporations or other bona fide nonprofit business entities, including community
housing development organizations, if the commissioner determines that such action would not
violate any applicable law,"
H. B. 4356, Allowing a nonresident to have an additional ten days to pay his or her fine
before the magistrate court sends notice to the DMV,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4356 - "A Bill to amend and reenact §17B-3-3a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §50-3-2a of said code, all relating to the
suspension of drivers' licenses; providing time frames for appearances before courts of competent
jurisdiction for both residents and nonresidents; and providing time frames for the reporting of fines
and penalties to the Division of Motor Vehicles,"
H. B. 4359, Requiring local labor for public construction projects,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4359 - "A Bill to amend and reenact §21-1C-2 of the Code of West
Virginia, 1931, as amended, relating to requiring local labor for public construction projects by
reducing the dollar amount of the applicable construction project to $500,000; reducing the amount
of miles for the local labor market to fifty miles; and clarifying the definition of local labor market,"
H. B. 4407, Updating the law regarding the rabies vaccinations of dogs and cats,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4407 - "A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the
Code of West Virginia, 1931, as amended; all relating to rabies vaccination of dogs and cats;
requiring that administered rabies vaccinations be capable of producing immunity for three years;
requiring dogs and cats to be revaccinated every three years; and requiring rabies vaccinations for
dogs and cats prior to entering the state,"
And,
H. B. 4531, Mandating that shackling of pregnant women who are incarcerated is not allowed
except in extraordinary circumstances,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4531 - "A Bill to amend and reenact §25-1-16 of the Code of West
Virginia, 1931, as amended; relating to the transfer and restraint of inmates of state institutions or
facilities for medical reasons; and, to amend and reenact §31-20-30a, all relating to the restraint of
pregnant women while in the custody and control of the West Virginia Regional Jail and
Correctional Facility Authority; and to amend and reenact §49-5E-6 of said code, all related to the
restraint of pregnant women while in the custody and control of the Division of Juvenile Services,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4665, Relating to special rates for energy intensive industrial consumers of electric
power,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §24-2-1j, relating to special rates for energy intensive
industrial consumers of electric power; setting forth legislative findings on energy intensive industrial consumers of electric power; defining certain terms; enabling the Public Service
Commission to establish special rates for energy intensive industrial consumers of electric power;
setting forth additional factors that the Public Service Commission may take into consideration in
establishing special rates for energy intensive industrial consumers of electric power; authorizing the
Public Service Commission to adopt mechanisms reasonably designed to assure appropriate
flexibility and predictability of special rates; establishing procedures for application to the Public
Service Commission for a special rate; setting forth data and information to be included in an
application for a special rate; establishing qualifications for eligibility for a special rate; and
authorizing the distribution of any excess revenue or revenue shortfall as directed by the
Commission,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4525, Changing the composition, powers and responsibilities of the board of Coal Mine
Health and Safety,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4525 - "A Bill to amend and reenact §22A-1-21 of the Code of West
Virginia, 1931, as amended; to amend and reenact §22A-2A-301, §22A-2A-304 and §22A-2A-310
of said code; to amend and reenact §22A-6-3, §22A-6-4, §22A-6-6 and §22A-6-7 of said code; to
amend and reenact §22A-7-4 and §22A-7-6 of said code; and to amend and reenact §22A-11-2 and
§22A-11-3 of said code, all relating to board's under the jurisdiction of the Office of Miners' Health,
Safety and Training; removing boards from under the jurisdiction of the Office of Miners' Health,
Safety and Training; changing board membership; changing voting procedures; permitting a
clarifying resolution; requiring the Health and Safety Administrator to provide administrative
assistance; permitting the Health and Safety Administrator to expend funds for certain purposes; adding to the boards' powers; changing voting procedure; clarifying voting procedures; clarifying
reporting requirements; establishing reporting time lines; and permitting appropriations from general
revenue,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4525) to the Committee
on Government Organization was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4414, Updating references from the commissioner of accounts to the fiduciary
commissioner,
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 (H. B. 4414) was referred to
the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4450, Relating to land surveyors,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4450 - "A Bill to repeal §30-13A-26, §30-13A-27, §30-13A-28, §30-
13A-29, §30-13A-30, §30-13A-31, §30-13A-32, §30-13A-33, §30-13A-34, §30-13A-35, §30-13A-
36 and §30-13A-37 of the Code of West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated, §1-1-5; to amend said code by adding thereto a new section, designated, §7-2-8; to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-13A-
5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-
13A-13, §30-13A-14, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-13A-
20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-25 of said code; and to amend
and reenact §39-1-2a of said code, all relating to surveys; establishing West Virginia coordinate
systems; requiring a license to practice land surveying; requiring a certificate of authorization for a
firm to practice land surveying; specifying applicable law; providing definitions; continuing the
board of professional surveyors; providing for board composition; providing eligibility requirements
for board membership; clarifying the powers and duties of the board; clarifying rule-making
authority; providing emergency rule-making authority; continuing a special revenue account;
clarifying the education and experience requirements for licensure; establishing licensure
requirements; establishing scope of practice; providing exceptions from licensure; establishing
surveyor intern requirements; providing for licensure for persons licensed in another state;
establishing renewal requirements; providing permit requirements; establishing inactive license
requirements; establishing procedures for delinquent and expired licenses; establishing retired
license requirements; establishing conditions for failed examines; requiring display of a license;
requiring display of a certification of authorization; establishing certification of authorization
requirements; establishing requirements to be a surveyor-in-charge; providing a due process
procedure; establishing grounds for disciplinary action; establishing hearing procedures; providing
for judicial review and appeals of decisions; establishing cause for initiation of criminal proceedings;
establishing criminal penalties; removing no longer applicable language; and establishing
requirements to record a survey,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4450) to the Committee on the Judiciary was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4563, Extending the termination date of the modified mental hygiene procedures pilot
project,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4563 - "A Bill to amend and reenact §27-5-11 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §27-7-1 of said code, all relating to mental
hygiene procedures; extending the termination date of the modified mental hygiene procedures pilot
project; and providing that upon discharge from a mental health facility an individual will be
informed about a durable medical power of attorney,"
With the recommendation that the committee substitute do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4037, Relating generally to federal subsidy bonds and bond financing.
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. 120 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-3-4a; and to amend and reenact §18-28-6 of said
code, all relating to requiring all children who enter a public or private school for the first time,
whether it be in kindergarten or first grade, to provide adequate proof of having undergone a dental
examination by a licensed dentist; misdemeanor offense for failure to obtain dental examination; and penalty"; which was referred to the Committee on Health and Human 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. 389 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new
section, designated §9-9-23, all relating to opting out of the 21 U. S. C. §862 a restriction concerning
the eligibility of certain persons from receiving the benefits of certain federally funded programs";
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
Com. Sub. for S. B. 435 - "A Bill to amend and reenact §17C-6-7 of the Code of West
Virginia, 1931, as amended, relating to speed restrictions; prima facie evidence of speed by certain
devices; changing Department of Public Safety to State Police in this section of said code; and
applying this section to all municipalities of the state"; 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. 453 - "A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as
amended, relating to publication of the State Register"; which was referred to the Committee on
Finance.
Motions
The Clerk read a written motion, heretofore filed with him by Delegate Blair, as follows:
"Delegate Blair, in accordance with the provisions of House Rule 82, moves that the Committee on the Judiciary be discharged from consideration of
House Bill 4482, creating a random drug testing program for applicants and
recipients of temporary assistance for needy families cash benefits and for elected
officials; and, that the Bill be taken up for immediate consideration."
Delegate Boggs moved that the written notice lie over, and on this motion, the yeas and nays
were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 90), and there were--yeas
71, nays 26, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles,
Duke, Ellem, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter,
Romine, Rowan, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Kominar and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the motion
that the written motion lie over prevailed.
The Clerk next read a written motion, heretofore filed with him by Delegate Lane, as follows:
"Delegate Lane, in accordance with the provisions of House Rule 82, moves that
the Committee on Constitutional Revision be discharged from consideration of House Joint
Resolution 14, the Homestead Exemption Increase Amendment; and, that the Resolution be
taken up for immediate consideration."
Delegate Boggs arose to a point of order concerning the admissibility of the written motion,
stating that the House had already dealt with an identical written motion.
The Speaker consulted with the Clerk and replied to the point of order, stating that inasmuch
as Delegate Lane had offered a written motion seeking to discharge the Committee on Constitutional
Revision from further consideration on H. J. R. 8 on Monday last, and inasmuch as the House had
taken an affirmative action on that matter by laying it over, currently pending on Unfinished
Business on the House Calendar, and that the currently pending written motion by Delegate Lane
was identical to the aforementioned written motion to discharge, the currently pending written motion was not in order.
Special Calendar
Third Reading
Com. Sub. for H. B. 2967, Encouraging teachers who have achieved a National Board for
Professional Teaching Standards certificate to renew their certifications when they expire after ten
years, and continuing the salary bonus for renewed certificates; 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. 91),
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: Argento, Blair, Kominar 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. 2967) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 92), 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: Argento, Blair, Kominar and Schoen.
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. 2967) 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. 3301, Amending the Division of Labor rule verifying employees legal
employment status; 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. 93),
and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent And Not Voting: Argento, Blair, Kominar 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. 3301) 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. 4031, Providing flexibility in the West Virginia public school support
plan for funding regional education service agencies; 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. 94),
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: Argento, Blair, Kominar 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. 4031) passed.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken
(Roll No. 95), 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: Argento, Blair, Kominar and Schoen.
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. 4031) 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. 4081, Authorizing the Department of Military Affairs and Public Safety
to promulgate legislative rules; 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. 96), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Lane, J. Miller and Walters.
Absent And Not Voting: Argento, Kominar 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. 4081) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 97), 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: Argento, Kominar and Schoen.
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. 4081) 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.
H. B. 4162, Providing a tax credit for obtaining certain certifications by the United States
Green Building Council Leadership; 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. 98),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4162) 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. 4168, Relating to the Emergency Medical Services 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. 99),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4168) 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. 4182, Relating to the emergency medical services retirement system
act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 100),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4182) 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. 4185, Relating to mandatory retirement age of deputy sheriffs; 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. 101),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Swartzmiller.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4185) 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. 4186, Relating to the practice of nursing home administration; 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. 102),
and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Carmichael, Ireland, McGeehan and J. Miller.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4186) 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. 4328, Establishing centralized filing system for reports required to be
filed with the Legislature; on second reading, coming up in regular order, was, at the request of
Delegate Boggs, and by unanimous consent, passed over temporarily.
S. B. 477, Creating centralized filing system for legislative reports; 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. 103),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 477) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
S. B. 477 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as
amended, relating to reports to be filed with the Legislature; requiring copies of the reports to be
submitted to the Legislative Librarian; requiring the copies to be submitted as required by the
Legislative Manager or in electronic form via the Internet; and providing that failure to comply is
nonfeasance."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 104), 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: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 477) 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. 4328, Establishing centralized filing system for reports required to be
filed with the Legislature; having been postponed until this time, was, on motion of Delegate Boggs,
laid upon the table.
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a
levying body to present to the voters of Boone County the question of renewing an excess levy for
schools; on second reading, coming up in regular order, was, at the request of Delegate Boggs, and
by unanimous consent, passed over temporarily.
S. B. 548, Extending time Boone County Board of Education can meet as levying body; 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. 105),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 548) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 106), 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: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 548) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a
levying body to present to the voters of Boone County the question of renewing an excess levy for
schools; having been postponed until this time, was, on motion of Delegate Boggs, laid upon the
table.
Com. Sub. for H. B. 4455, Changing the Martinsburg public library to the
Martinsburg-Berkeley County Public Library; 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. 107),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4455) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 108), 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: Argento and Kominar.
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. 4455) 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.
H. B. 4521, Creating a sales tax holiday for purchases of guns and ammunition; 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. 109),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Brown and Doyle.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4521) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
H. B. 4521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9n, relating to creating a sales tax holiday for purchases
of firearms during the first weekend in October."
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. 4534, Increasing the criminal penalty for failing to stop and render aid
after a motor vehicle accident; Erin's Law; on third reading, coming up in regular order, was, on
motion of Delegate Boggs, laid over.
Com. Sub. for H. B. 4557, Reviewing all of the Department of Health and Human Resources requests for proposals or change orders valued at over $500,000 prior to their release; 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. 110),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4557) 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. 4559, Relating to the requirements to be certified as a registered forester; 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. 111),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4559) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 112), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento and Kominar.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4559) 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.
H. B. 4582, Creating reciprocity for West Virginia small, women and minority-owned
businesses who receive such preferences in other states; 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. 113),
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: Argento and Kominar.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4582) 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. 2542, "Jason Flatt Act of 2010"; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4161, Creating the Herbert Henderson Office of Minority Affairs; 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 4164, Creating of a pilot program for the placement of children four to
ten years of age in foster care which shall be known as Jacob's Law; 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. 4207, Making it unlawful to send obscene, anonymous, harassing and
threatening communications by computer, mobile phone, personal digital assistant or other mobile
device; 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. 4211, Providing supplemental funding for providing alternative programs for limited English proficient students; ; 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. 4214, Requiring review and approval of final settlements of Workers'
Compensation awards; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading, and the rule was suspended to permit Delegates Miley and Fleischauer to offer an
amendment on that reading.
Com. Sub. for H. B. 4223, Increasing the safety of school children that use school buses;
on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B.
4223) was advanced to third reading with an amendment pending.
Com. Sub. for H. B. 4306, Relating to public school support computation of local share; 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. 4324, Extending the expiration date of employment of retired teachers
beyond the post-retirement employment limit; 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. 4436, Providing discretion to schools that make AYP to use
assessments and adopting instructional strategies and programs that promote student learning; 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. 4602, Defining the responsibilities of high school athletic directors;
on second reading, coming up in regular order, was read a second time, advanced to third reading
and the rule was suspended to permit the offering and consideration of amendments on that reading.
Com. Sub. for H. B. 4615, Authorizing political subdivisions to establish risk pools to insure
their workers' compensation risks; 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. 4623, Adding six additional members to the Equal Pay Commission,
three from the House of Delegates and three from the Senate; 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. 4646, Relating to corporate political accountability; 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. 4647, Relating to the regulation and control of elections; 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. 4652, Establishing a school calendar committee for each county; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
H. B. 4663, Extending the time for certain members to purchase additional service credit for
service in the Teachers Defined Contribution Retirement System; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
H. B. 4373, Eliminating the twelve-month look-back period for certain children who have
had employer sponsored insurance,
Com. Sub. for H. B. 4387, Flexible Leave Act,
Com. Sub. for H. B. 4459, Increasing the time in which a dependent may apply for Workers
Compensation death benefits where occupational pneumoconiosis is determined to be a cause of
death,
Com. Sub. for H. B. 4460, Giving licensed appraisers access to PF-11 and PF-12 forms from
the county assessors office,
And,
Com. Sub. for H. B. 4486, Relating to tax tickets and other required notifications concerning
property taxes.
At 11:48 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 3:00 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4155, Permitting revenues allocated to volunteer and part time fire departments to be
used for Workers' Compensation premiums and length of service awards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4155 - "A Bill to amend and reenact §8-15-8b of the Code of West
Virginia, 1931, as amended, relating to permitting revenues allocated to volunteer and part time fire
departments to be used for Workers' Compensation premiums; and revising references,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4155) to the Committee
on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4504, Adopting the Uniform State Military Code of Justice into West Virginia law,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4504 - " A Bill to amend and reenact §15-1E-1, §15-1E-2, §15-1E-3,
§15-1E-4, §15-1E-5, §15-1E-6, §15-1E-7, §15-1E-8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12,
§15-1E-13, §15-1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-1E-19, §15-1E-20, §15-
1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15-1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E-
29, §15-1E-30, §15-1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-1E-37,
§15-1E-38, §15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-1E-43, §15-1E-44, §15-1E-45, §15-
1E-46, §15-1E-47, §15-1E-48, §15-1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E-
54, §15-1E-55, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15-1E-61, §15-1E-62,
§15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15-1E-67, §15-1E-68, §15-1E-69, §15-1E-70, §15-
1E-71, §15-1E-72, §15-1E-73, §15-1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-1E-
79, §15-1E-80, §15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15-1E-85, §15-1E-86, §15-1E-87,
§15-1E-88, §15-1E-89, §15-1E-90, §15-1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15-
1E-96, §15-1E-97, §15-1E-98, §15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15-
1E-104, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E-108, §15-1E-109, §15-1E-110, §15-1E-111,
§15-1E-112, §15-1E-113, §15-1E-114, §15-1E-115, §15-1E-116, §15-1E-117, §15-1E-118, §15-1E-
119, §15-1E-120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125, §15-1E-126,
§15-1E-127, §15-1E-128, §15-1E-129, §15-1E-130, §15-1E-131, §15-1E-132, §15-1E-133, §15-1E-
134, §15-1E-135, §15-1E-136, §15-1E-137 and §15-1E-138, of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto eighteen new sections, designated §15-1E-
50a, §15-1E-57a, §15-1E-58a, §15-1E-58b, §15-1E-67a, §15-1E-76a, §15-1E-76b, §15-1E-112a,
§15-1E-139, §15-1E-140, §15-1E-141, §15-1E-142, §15-1E-143, §15-1E-144, §15-1E-145, §15-1E-
146, §15-1E-146 and §15-1E-148, all relating to adopting the Uniform State Military Code of
Justice; definitions; persons subject to this code and jurisdiction; territorial applicability of the code;
apprehension and restraint; nonjudicial punishment; court-martial jurisdiction; appointment and composition of courts-martial; pretrial procedure; trial procedure; sentences after conviction; post-
trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions,"
With the recommendation that the committee substitute do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
Com. Sub. for S. B. 89, Relating to reinstating former police chiefs or deputy chiefs to
previously held positions,
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 the
Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 89) to the Committee on the Judiciary
was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4323, Prohibiting use of turning lanes for through traffic under certain circumstances,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4323 - "A Bill to amend and reenact §17C-7-9 of the Code of West
Virginia, 1931, as amended, relating to driving on roadways laned for traffic; prohibiting use of
turning lanes for through traffic under certain circumstances; providing criminal penalty,"
And,
H. B. 4506, Relating to the revocation of death benefits by divorce,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-5-614, relating to the revocation of death benefits
by divorce,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4141, Transferring licensure for private security services from the Secretary of State
to the Division of Criminal Justice Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4141 - "A Bill to repeal §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-
18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated
§15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-
14-10, §15-14-11 §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17, §15-14-18
and §15-14-19; and to amend and reenact §30-18-1, all relating to transferring private security
services from the Secretary of State to the Division of Criminal Justice Services; license
requirement; authority of the Director of the Division of Criminal Justice Services; rulemaking
requirements; the creation of the West Virginia Private Security Fund; use of the West Virginia
Private Security Fund; eligibility requirements for licensure of private investigators and security
services; application requirements for license to do business as a private investigator or security
services; requirements of employees under firm license; license renewal requirements; complaint and
investigation procedures; due process requirements; grounds for disciplinary action; hearing
procedures; judicial review; criminal sanctions; providing that a single act may be evidence of
pattern of practice; action for damages; and requiring a report to the Joint Committee on Government
Organization,"
And,
H. B. 4273, Relating to professional employer organizations,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4273 - "A Bill to amend the Code of West Virginia, 1931, as amended
by adding thereto a new section, designated §33-46A-4a, all relating to professional employer
organizations; providing that the operation of a professional employer organization constitutes the
'transaction of insurance' subject to the provisions of article forty-four, chapter thirty-three of said
code; providing that a professional employer organization operating in this state without a license
to do so is an 'unauthorized insurer' and, upon violation of the provisions of article forty-four,
chapter thirty-three of said code, is guilty of a felony and providing penalties upon conviction
thereof; subjecting unlicensed professional employer organizations to penalty and other provisions
regulating the unauthorized transaction of insurance; and authorizing insurance fraud unit to conduct
investigations,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4485, Increasing the penalties for overtaking and passing a school bus,
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 (H. B. 4485) to the Committee on Finance
was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4630, Relating to refunding of appraisal fees,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4630 - "A Bill to amend and reenact §31-17-8 of the Code of West
Virginia, 1931, as amended, relating to refunding of appraisal fees collected by lenders, brokers and
mortgage loan originators licensed by the Commissioner of Banking; providing
that in the event a
loan is not made, the licensee is not required to refund an appraisal fee that is collected and paid to
an unrelated third-party appraiser unless required to be refunded pursuant to federal law,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4604, Increasing the criminal penalties for persons who obstruct, flee from or make
false statements to law-enforcement officers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4604 - "A Bill to amend and reenact §61-5-17 of the Code of West
Virginia, 1931, as amended, relating to increasing the criminal penalties for persons who obstruct,
flee from or make false statements to law-enforcement officers, probation officers and parole
officers,"
With the recommendation that the committee substitute 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 (Com. Sub. for H. B. 4604) to the Committee
on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4634, Defining 'spelunking' as a recreational purpose and activity for which a
landowner's liability for injury is limited,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3152, Athletic Trainers Registration Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3152 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §30-20A-1 and §30-20A-2, all relating to athletic
trainers; restricting the use of certain titles; providing for registration of athletic trainers; and
establishing registration criteria,"
And,
H. B. 4291, Eliminating duplicitous criminal background investigations with both the West
Virginia State Police and the Federal Bureau of Investigation,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4291 - "A Bill to amend and reenact §31A-2-4 of the Code of West
Virginia, 1931, as amended, relating to the requirement of criminal background investigations,
including fingerprint checks, for applicants seeking approval to engage in certain banking activities
under the jurisdiction of the Commissioner of Banking; eliminating the requirement that the
investigations be done through both the West Virginia State Police and the Federal Bureau of
Investigation; providing that applicants provide fingerprints for submission to the Federal Bureau
of Investigation or any governmental agency or entity authorized to receive such information for a
state, national or international criminal history check,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4130, Creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4130 - "A Bill to amend and reenact §3-1A-1, §3-1A-4 and §3-1A-5
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9,
§3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16 and §3-12-17, all relating
to creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program;
giving additional duties and per diem pay to the State Election Commission; authorizing the State
Election Commission to use video, telephone and Internet conferencing; providing alternative public
campaign financing option for candidates for the West Virginia Supreme Court of Appeals in 2012;
setting forth short title and certain legislative findings and declarations; defining terms; specifying
that the provisions of the act are applicable to candidates for the West Virginia Supreme Court of
Appeals in the 2012 primary and general elections; establishing the Supreme Court of Appeals
Public Campaign Financing Fund and sources of revenue for the fund; authorizing transfer from the
Purchasing Card Administration Fund to the fund for three years; authorizing tax checkoff program;
authorizing attorney fees; authorizing fair administration of justice court fees; requiring an applicant
for public campaign financing to complete a declaration of intent and setting forth the manner in
which an application for funding may be made; setting forth eligibility criteria for qualifying
candidates; allowing participating candidates to raise funds from private sources and spend
exploratory contributions; requiring candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring candidates to provide detailed receipts to contributors
and to the state Election Commission for exploratory and qualifying contributions; requiring
participating candidates to comply with all provisions of the act; requiring the State Election
Commission to certify eligible candidates and setting forth the procedure for certification; providing
for challenges to certification; providing for revocation of certification; providing for withdrawal
from program; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for
each candidate and when the funds become available; setting forth restrictions on participating
candidates' contributions and spending; prohibiting participating candidates from accepting private
contributions other than as specifically set forth in the act; providing for repayment of funds under
certain circumstances; prohibiting the use of personal funds for certain purposes; permitting qualified
candidates to raise funds from private sources when there is insufficient money in the Public
Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring
certain disclosures; requiring candidates to keep records and report to the state Election Commission;
providing for additional funds when independent expenditures or opponent expenditures exceed
certain limits; setting forth certain duties of the state Election Commission and the Secretary of State;
authorizing legislative rules; authorizing the creation of a voters' guide; providing for the deposit
of certain revenue into the fund; requiring repayment of excessive expenditures by candidates;
providing both civil and criminal penalties for violations of the act; and expiring the act in 2013,"
H. B. 4222, Exempting antique motor vehicles from personal property taxes,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4222 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-1C-5c, relating to the method of establishing the
value of antique motor vehicles and antique motorcycles for purposes of ad valorem property taxes,"
H. B. 4349, Updating terms and the process for approval and adoption of instructional
resources in public schools,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4349 - "A Bill to amend and reenact §18-2A-1, §18-2A-2, §18-2A-3,
§18-2A-4, §18-2A-5, §18-2A-6, §18-2A-7, §18-2A-8 and §18-2A-9 of the Code of West Virginia,
1931, as amended, all relating generally to updating terms and the process for approval and adoption
of instructional resources in public schools; replacing the terms 'textbooks,' 'instructional materials'
and 'learning technologies' with 'instructional resources' and modifying affected code provisions accordingly; providing approval for adoption cycles and listing of instructional resources on the state
multiple list; requiring a method for review and adding new and substantially revised resources to
the multiple list; providing for county waivers of adoption cycles; providing method for counties to
select new or different resource before end of a contract period; providing a method for vendor
update of resources; revising the bidding, selection and approval process; permitting the multiple list
to be published in an electronic format; requiring contracts to be filed pursuant to the state board
process; providing for review of electronic instructional resources; providing for RESA level
selection teams; and ensuring equity of access to electronic instructional resources for all students,"
H. B. 4397, Requiring the Superintendent of the State Police to implement a plan to increase
the number of troopers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4397 - "A Bill to amend and reenact §15-2-3 of the Code of West
Virginia, 1931, as amended, relating to requiring the Superintendent of the State Police to develop
a plan to increase the number of troopers to a minimum of eight hundred troopers by July 1, 2014,"
H. B. 4541, Authorizing circuit court judges and magistrates to utilize county or municipal
jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted
of a crime for not more than fourteen days,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4541 - "A Bill to amend and reenact §31-20-9, §31-20-10 and
§31-20-32 of the Code of West Virginia, 1931, as amended, all relating to authorizing circuit court
judges and magistrates to utilize county or municipal jails to detain persons charged with a crime up
to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days;
eliminating any restrictions for county or municipal jails to be used only as holding facilities; and
distributing certain processing fees to municipalities or counties,"
H. B. 4667, Requiring the Commissioner of Highways to maintain school bus turnarounds
in the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4667 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §17-2A-8d, relating to requiring the Commissioner of
Highways to maintain school bus turnarounds in the state and requiring the county board of
education to obtain authorization of private land owners for school bus turnarounds,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4527, Limiting the liability of apiary owners and operators,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4527 - "A Bill to amend and reenact §19-13-4 of the Code of West
Virginia, 1931, as amended, relating to limiting the liability of apiary owners and operators,"
With the recommendation that the committee substitute do pass.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento and Kominar.
At 3:06 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 1, 2010.