hdj2010-02-04-23
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Thursday, February 4, 2010
TWENTY-THIRD DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, February 3, 2010, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. R. 8, Amending the rules of the House of Delegates, relating to requiring consideration
of jobs impact statement of proposed legislation,
And reports the same back with the recommendation that it be rejected.
The Speaker propounded "Shall the resolution be rejected?"
Extensive debate transpired on the pending question before the House.
At the conclusion of debate, the Speaker again put the question on rejection of the resolution.
On this question, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 22), and there were--yeas
66, nays 30, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Cowles,
Craig, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller,
Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Carmichael, Crosier and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R 8) rejected.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. R. 14, Creating a Select Committee on Coal Mining Permits,
H. C. R. 2, The "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge",
H. C. R. 11, Requesting the Division of Highways erect two signs on I-79 when entering
Marion County honoring two West Virginia football legends, Sam Huff and Frank "Gunner" Gatski,
H. C. R. 14, Declaring that the month of May be proclaimed as Lyme Disease Awareness
Month beginning in 2010,
H. C. R. 17, The "Freda Bell Bridge",
H. C. R. 31, Expressing the will of the Legislature in supporting the Credit Card Act enacted
by Congress in May of 2009,
S. C. R. 1, Requesting DOH name bridge in Doddridge County "SPC Jason N. Marchand
Memorial Bridge",
S. C. R. 2, Requesting DOH name portion of Route 16 in Fayette County "Robert K. 'Bob'
Holliday Highway",
S. C. R. 3, Requesting DOH name bridge in Fayette County "Eugene Mitchell Skaggs
Memorial Bridge",
S. C. R. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay
Hovatter Memorial Bridge",
And,
S. C. R. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial
Bridge",
And reports the same back with the recommendation that they each be adopted.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4066, Agriculture, shellfish,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4066) was referred to
the Committee on the Judiciary.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 4193, Relating to the groundwater protection fund,
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. 4193) was referred to
the Committee on the Judiciary.
Vice-Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4224, Agriculture, best management practices for land application of waste products,
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. 4224) was referred to
the Committee on the Judiciary.
Chairwoman Spencer, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4182, Relating to the emergency medical services retirement system act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4182) was referred to
the Committee on Finance.
Chairwoman Spencer, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4180, Clarifying the authority of the West Virginia Consolidated Public Retirement
Board to determine the participating employer contribution rate under the provisions of the Deputy
Sheriff Retirement System,
And reports the same back with the recommendation that it do pass but that it first be referred
to the Committee on the Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4180) was referred to
the Committee on Finance.
Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 4237, West Virginia State Police Career Progression System,
And,
H. B. 4238, State Police, carrying of handgun by retired or medically discharged members,
And reports the same back with the recommendation that they each do pass but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4237 and H. B. 4238)
were each referred to the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic
Development, and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development, and Small
Business has had under consideration:
H. B. 4162, Providing a tax credit for obtaining certain certifications by the United States
Green Building Council Leadership,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4162) was referred to
the Committee on Finance.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4230, Insurance Commission, variable life insurance,
H. B. 4232, Insurance Commission, medicare supplement insurance,
And,
H. B. 4233, Insurance Commission, coordination of health benefits,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4230, H. B. 4232 and H. B. 4233) were each referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4227, Directors of the WV Health Insurance Plan, premium, subsidy,
H. B. 4228, Directors of the WV Health Insurance Plan, pre-existing conditions exclusion,
H. B. 4231, Insurance Commission, annuity disclosure,
And,
H. B. 4234, Insurance Commission, preventive care pilot program,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4227, H. B. 4228, H.
B. 4231 and H. B. 4234) were each referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4197, Relating to health maintenance organizations,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4197) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
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,
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 the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (H. B. 4309) to the Committee on the
Judiciary was abrogated.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill was taken
up for immediate consideration, read a first time and then ordered to second reading.
Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
On this question, the yeas and nays were taken
(Roll No. 23), and there were--yeas 95, nays
1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Argento, Carmichael, Crosier and Wooton.
So, four fifths of the members present having voted in the affirmative, the constitutional rule
was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 24),
and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Sobonya.
Absent And Not Voting: Argento, Carmichael, Crosier and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4309) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 25), and there were--yeas 95, nays
1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent And Not Voting: Argento, Carmichael, Crosier and Wooton.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4309) 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.
Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following
report, which was received:
Your Committee on Senior Citizen Issues has had under consideration:
H. B. 4186, Relating to the practice of nursing home administration,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4186) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2786, Authorizing Class I and Class II municipalities to regulate taxies and taxi stands,
And reports the same back with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2786) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2810, Providing salary increases for deputies with college degrees,
And reports the same back with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2810) was referred to
the Committee on Finance.
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:
H. B. 4160, Providing a tax incentive to dental practitioners to perform dental services at no cost to indigent patients,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4160) was referred to
the Committee on Finance.
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:
H. B. 4176, Relating to credentialing of health care practitioners,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4176) was referred to
the Committee on the Judiciary.
Resolutions Introduced
Mr. Thompson, Mr. Speaker, and Delegates Craig, Miley, M. Poling and Ross offered the
following resolution, which was read by its title as follows:
H. R. 15 - "Designating February 4, 2010, as 'Law-Enforcement Appreciation Day'."
Whereas, West Virginia can boast as having one of the lowest crime rates in the United
States; and
Whereas, It is fitting and proper that law-enforcement officers be commended, encouraged
and honored for their contributions that have resulted in these statistics; and
Whereas, Law-enforcement officers give generously of themselves both in spirit and deed so others might share in the joy of living in a free and democratic society; and
Whereas, Law-enforcement officers have the desire to help their fellow citizens in times
of need, no matter how dangerous or difficult the situation; and
Whereas, We honor and appreciate the outstanding law-enforcement officers who have
distinguished themselves with unselfish and exemplary service to the community and its citizens;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby declares February 4, 2010, as "Law-Enforcement
Appreciation Day"; and, be it
Further Resolved, That all West Virginians are encouraged to give due recognition to
law-enforcement officers for distinguishing West Virginia with one of the lowest crime rates in
America.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 15) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Petitions
All one hundred members of the House presented a petition signed by ten thousand five
hundred ten residents of the State, requesting an increase in funding for the Medicaid Waiver
Program for in-home services in order to keep senior citizens in their own homes; which was referred
to the Committee on Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Morgan, Stephens and Craig:
H. B. 4327 - "A Bill to amend and reenact §30-27-6 and §30-27-9 of the Code of West
Virginia, 1931, as amended, all relating to the practice of beauty care; requiring the board to establish
a barber's apprentice program; and permitting the board to license an applicant from another
jurisdiction who has completed an apprenticeship program"; to the Committee on Government
Organization.
By Delegates Boggs and Caputo:
H. B. 4328 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as
amended, relating to reports that are supposed to be filed with the Legislature, Legislative Manager,
Legislative Auditor, the President of the Senate and the Speaker of the House of Delegates or the
Joint Committee on Government and Finance; requiring copies of the reports to be submitted to the
Legislative Librarian; requiring the copies to be submitted on electronic media or by way of the
Internet; and providing that failure to comply is nonfeasance"; to the Committee on the Judiciary.
By Delegates White, Morgan, Martin and D. Poling
[By Request of the Department of Administration]:
H. B. 4329 - "A Bill to amend and reenact §29-6-5 of the Code of West Virginia, 1931, as
amended, clarifying provisions relating to functions of the Division of Personnel"; to the Committee
on Government Organization then the Judiciary.
By Delegates White and Morgan
[By Request of the Department of Administration]:
H. B. 4330 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-6-29, relating to comprehensive revisions of classification plans for classified and classified-exempt employees and compensation plans for classified
employees, providing for reconsideration of allocations of positions to classifications, and
authorizing the promulgation of emergency rules"; to the Committee on Government Organization
then the Judiciary.
By Delegate Rodighiero:
H. B. 4331 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-6-13, relating to establishing seniority rights for public
employees; defining when seniority begins; setting standards for accumulation of seniority; requiring
notice of job postings; requiring registers or certified lists of eligible applicants; allowing senior
employees the first right of refusal for extra duty, overtime and promotions; and determining
seniority in case of absence"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.
By Delegate Guthrie:
H. B. 4332 - "A Bill to amend and reenact §21A-5-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §21A-6-1 and §21A-6-3 of said code, all relating to
permitting certain part-time employees to be eligible for unemployment compensation benefits;
permitting employees who have left employment due to being victims of domestic violence, sexual
assault or stalking to be eligible for unemployment compensation benefits; permitting employees
who have left employment to care for disabled or ill immediate family members to be eligible for
unemployment compensation benefits; and permitting employees who have left employment due to
the work-related transfer or relocation of a spouse to be eligible for unemployment compensation
benefits"; to the Committee on the Judiciary then Finance.
By Delegates Mahan, Beach, Fleischauer, Overington, Guthrie and D. Poling:
H. B. 4333 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-20-26, relating to protect dogs by creating regulations for
commercial dog breeding operations"; to the Committee on Agriculture then the Judiciary.
By Delegates Doyle, Overington, Campbell, Blair, Morgan, Michael and Mahan:
H. B. 4334 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-10P-1, §18-10P-2, §18-10P-3, §18-10P-4 and §18-10P-5, all
relating to increasing the awareness and understanding of labor history and the contributions of
workers to the state, nation and world; designating the week following the Labor Day Holiday as
Labor History Week for the State of West Virginia; requiring integration of instruction of labor
history into the existing public school curriculum; legislative findings; and defined terms"; to the
Committee on the Judiciary then Finance.
By Delegates White, Campbell and Kominar
[By Request of the Tax and Revenue Department]:
H. B. 4335 - "A Bill to amend and reenact §11-12-5 of the Code of West Virginia, 1931, as
amended, relating to the business registration tax, specifying that the business registration tax and
business registration certificate are subject to the exemptions, exceptions and requirements set forth
in §11-12-3, specifying that the tax is imposed for each and every issuance, reissuance or
reinstatement of a business registration certificate"; to the Committee on Finance.
By Delegates Morgan, Stephens and Craig:
H. B. 4336 - "A Bill to amend and reenact §30-38-11 of the Code of West Virginia, 1931,
as amended, relating to clarifying that an applicant to practice real estate appraisal activity is required to complete a criminal background check"; to the Committee on Government Organization then the
Judiciary.
By Delegates White, Campbell and Kominar
[By Request of the Tax and Revenue Department]:
H. B. 4337 - "A Bill to amend and reenact §31-15A-16 of the Code of West Virginia, 1931,
as amended, relating to dedication of severance tax proceeds; specifying a minimum share of coalbed
methane severance tax revenue be distributed to producing counties in an amount at least equal to
the share received by nonproducing counties; and specifying computation"; to the Committee on
Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Fleischauer, Marshall, Shook and Beach:
H. B. 4338 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-3-5c, relating to the Fire Prevention and Control Act; requiring
blasting contractors to notify the State Fire Marshal and local property owners before blasting; rule-
making authority; and certain rights of neighboring property owners"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates White and Campbell
[By Request of the Tax and Revenue Department]:
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"; to the Committee on Government Organization then Finance.
By Delegates Fleischauer, Caputo, Brown, Miley, Hutchins, Shook and Manchin:
H. B. 4340 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-5-9; and to amend said code by adding thereto a new section,
designated §18B-1-12, all relating to the protection of the academic speech of professional
educators"; to the Committee on Education.
By Delegates Martin, Klempa and D. Poling
[By Request of the Division of Highways]:
H. B. 4341 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-
17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to electronic collection of tolls on certain
roads; authorizing the collection electronic collection of tolls; establishing penalties for nonpayment
and damage to facilities; keeping certain information collected confidential and not subject to the
Freedom of Information Act; granting rulemaking authority; and defining terms"; to the Committee
on Roads and Transportation then Finance.
By Delegates Iaquinta and Swartzmiller:
H. B. 4342 - "A Bill to amend and reenact §5A-10-2 and §5A-10-9 of the Code of West
Virginia, 1931, as amended, all relating to exempting the Adjutant General and the West Virginia
National Guard from state leasing and accounting requirements"; to the Committee on Government
Organization then Finance.
By Delegates M. Poling, Paxton, Fragale, Perry, Shaver, Stowers, D. Walker, Pethtel,
Smith, Lawrence and Moye:
H. B. 4343 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §18-10P-1, §18-10P-2, §18-10P-3, §18-10P-4 and §18-10P-5, all
relating to increasing the awareness and understanding of labor history and the contributions of
workers to the state, nation and world; designating the week following the Labor Day Holiday as
Labor History Week for the State of West Virginia; requiring integration of instruction of labor
history into the existing public school curriculum; legislative findings; and defined terms"; to the
Committee on Education.
By Delegates Martin, Klempa, Barker, Ferro, Guthrie, Shook, Stephens and
Swartzmiller:
H. B. 4344 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-14-15, relating to establishing the misdemeanor offenses of
operating a motor vehicle while writing, reading or sending a text-based communication and using
a wireless communication device to send or receive conversation; providing exceptions; providing
definitions; establishing criminal penalties; and limiting enforcement of the offense of driving while
using a cellular telephone"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates J. Miller:
H. B. 4345 - "A Bill to amend and reenact §18A-4-1 of the Code of West Virginia, 1931,
as amended, relating to giving teachers credit toward the pay scale for completing an accredited
seminary"; to the Committee on Education then Finance.
By Delegates Campbell, Canterbury and Crosier:
H. B. 4346 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug that causes serious bodily injury to another person; and
establishing penalties for first and subsequent violations of certain provisions"; to the Committee
on Roads and Transportation then the Judiciary.
By Delegates White, Skaff and T. Walker
[By Request of the Department of Administration]:
H. B. 4347 - "A Bill to amend and reenact §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-
10-5, §5A-10-6
and §5A-10-9 of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto two new sections, designated §5A-10-12 and §5A-10-13, all relating to the
functions of the purchasing director and the powers and duties of acquiring real property; contracting
for third-party real estate services and billing spending units for the actual costs of such third-party
services; billing spending units for the services rendered by the Real Estate Division; excepting the
deposit of revenues derived from wireless communication tower leases on property subject to a
pledge of its revenues in connection with a bond issue into the General Revenue Fund; and creating
a special revenue fund for the acquisition of real property and payment of associated costs"; to the
Committee on Government Organization then Finance.
By Delegates Ross and Hartman:
H. B. 4348 - "A Bill to amend and reenact §8-19-12a of the Code of West Virginia, 1931,
as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of said
code; and to amend and reenact §16-13A-9 of said code, all relating to the discontinuation of water
and sewer utility service for a delinquent bill and the acceptance of payment at the customer's
premises"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates M. Poling and Duke
[By Request of the Department of Education]:
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";
to the Committee on Education then Finance.
By Delegate White
[By Request of the Department of Administration]:
H. B. 4350 - "A Bill to repeal §5A-3-14, §5A-3-21, §5A-3-22, §5A-3-23, §5A-3-24, §5A-3-
25, §5A-3-26, §5A-3-37a, §5A-3-42, §5A-3-54, §5A-3-55 and §5A-3-55a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A-3-2, §5A-3-3, §5A-3-4, §5A-3-
10, §5A-3-10b, §5A-3-11, §5A-3-11a, §5A-3-11c, §5A-3-12, §5A-3-15, §5A-3-18, §5A-3-19, §5A-
3-35, §5A-3-36, §5A-3-37 and §5A-3-45 of said Code, all relating to the functions of the purchasing director, the procurement process, documentation of inventory and transportation of surplus
property"; to the Committee on Government Organization then Finance.
By Delegates White, Campbell, Doyle and Kominar
[By Request of the Tax and Revenue Department]:
H. B. 4351 - "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-11, §11-15B-
17, §11-15B-25, §11-15B-26 and §11-15B-32 of the Code of West Virginia, 1931, as amended, all
relating to the administration of sales and use tax; definitions; latest year agreement amended;
registration of seller making no sales in state; registration fees; advertising and promotional direct
mail; seller's relief in collecting and remitting taxes; purchasers' obligations and rights; simplified
electronic returns; form contents; required filers; loss of exemption for failing to file; adoption of
standardized transmission process; notice to sellers to file returns; Tax Commissioner's authority to
establish liability amount of taxes; additional return options; remittances in payment of taxes on
simplified return and new effective dates"; to the Committee on Finance.
House Calendar
Third Reading
Com. Sub. for H. B. 2503, Requiring licensed tattoo artist to inform patrons, prior to
performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the
reading of magnetic resonance imaging; 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. 26),
and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Hamilton and McGeehan.
Absent And Not Voting: Argento, Carmichael, Crosier and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2503) 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. 2663, Expanding the power of municipal parking authority officers;
on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid over one day.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4140, Relating to the board of physical therapy,
And,
Com. Sub. for H. B. 4166, Expanding the age for firefighters over thirty-five years of age
for persons already employed by another paid fire department.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Carmichael, Crosier and Wooton.
Miscellaneous Business
Delegate Martin asked and obtained unanimous consent that the remarks of Delegate Michael
thanking the House regarding their action on
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, be printed in the
Appendix to the Journal.
Delegate Border asked and obtained unanimous consent that the remarks of Delegates
Armstead, Blair, Cowles, Duke, Ireland, Lane, J. Miller and Sobonya regarding H. R. 8 be printed
in the Appendix to the Journal.
Delegate Boggs asked and obtained unanimous consent that the remarks of Delegates, Cann,
Williams and Perdue regarding the petition requesting an increase in funding for the Medicaid
Waiver Program for in-home services in order to keep senior citizens in their own homes, be printed
in the Appendix to the Journal.
At 12:34 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 5, 2010.