hdj2010-02-25-44
__________*__________
Thursday, February 25, 2010
FORTY-FOURTH 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 24, 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 Ninth Order of Business for the purpose of considering resolutions on Unfinished
Business.
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were each read
by the Clerk and adopted:
H. C. R. 43, The "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James,
Norman, Omer, Earl",
And,
H. C. R. 46, The "Staff Sergeant Robert Lee Chambers Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Committee Reports
On motion for leave, a resolution was introduced (Originating in the Committee on Banking
and Insurance and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Perry, Shook, Cann, Frazier, Hartman Hunt, Hutchins, Iaquinta, Louisos,
Mahan, Manchin, Michael, Moore, Reynolds, Shaver, Skaff, T. Walker, Wooton,
Andes, Ashley, Azinger, Carmichael, J. Miller, Schoen, and Walters:
H. C. R. 75 - "Requesting the Joint Committee on Government and Finance study the
feasibility of authorizing the Division of Motor Vehicles to adopt a program to utilize electronic
verification of insurance coverage to identify uninsured motor vehicles."
Whereas, According to the Insurance Industry Institute, at least 8% of all of the vehicles on
the road in West Virginia are not insured or otherwise lack proper security as required in Chapter
17D of the Code of West Virginia; and
Whereas, The current provisions in the West Virginia Code providing for proof of
verification of insurance on registered vehicles do not provide adequate means to enable the Division
of Motor Vehicles to verify that every vehicle registered in this state has insurance; and
Whereas, There is little question that uninsured motorists cause increased costs in this state
for insurance premiums including uninsured and underinsured motor vehicle insurance coverage;
and
Whereas, A form of electronic insurance verification system is used in 34 states including
most of our border states and would be a very beneficial means to verify that state residents are
complying with the law of required vehicle insurance; and
Whereas, There is no electronic insurance verification system in place to insure that every
vehicle in this state has insurance; and
Whereas, An electronic insurance verification system would allow electronic verification
of current insurance coverage at the time of vehicle renewal, at scheduled times during the
registration year, and at the time of a traffic stop or crash investigation; and
Whereas, The Insurance industry, through the Insurance Industry Committee on Motor
Vehicle Administration (IICMVA) has devised a model program of electronic insurance verification
for use in all states, which is in place in several states and is being pilot tested in several other states;
and
Whereas, An electronic insurance verification system would allow the division of motor
vehicles, law enforcement, and the courts to verify current insurance coverage in real time; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility of authorizing the Division of Motor Vehicles to adopt a program to utilize electronic
verification of insurance coverage to identify uninsured motor vehicles; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, two thousand eleven, on its findings, conclusions
and recommendations together with drafts of any legislation to effectuate its recommendations; and,
be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
The Speaker referred the resolution (H. C. R. 75) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Banking
and Insurance and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Moore, Reynolds, Cann, Frazier, Hartman Hunt, Hutchins, Iaquinta,
Louisos, Mahan, Manchin, Michael, Perry, Shaver, Shook, Skaff, T. Walker, Wooton,
Andes, Ashley, Azinger, Carmichael, J. Miller, Schoen, and Walters:
H. C. R. 76 - "Requesting the Joint Committee on Government and Finance study the issues
related to fees and charges for overdrafts of checking and other depository accounts and the
procedure and methodology of the posting of deposits and other monetary transactions in checking
and other depository accounts in West Virginia state chartered banks and other financial depository
institutions in the state that may result in an overdraft of an account."
Whereas, An overdraft of a checking account, savings account or other depository account
occurs then withdrawals or other monetary transactions debiting the account exceed the available
balance of funds in such accounts; and
Whereas, Many overdrafts are accidental occurrences when the account holder may
unknowingly over estimate the available balance of their account when writing a check or using
electronic forms of withdrawals; and
Whereas, Overdrafts can also occur due to the delayed posting of deposits or credits to an
account that is then drawn upon by the account holder when the individual is under the assumption
that the deposits or credits have been applied to their account; and
Whereas, Overdrafts can also occur due to criminal activity involving theft of the
individual's account or account information; and
Whereas, Overdrafts may also occur as a result of the order in which previous withdrawals
and debits are posted to the individual's account based on the institution's policies of transaction
postings; and
Whereas, Many banks offer free or paid programs that will cover the overdraft in these
instances as a service and benefit to the account holder and may even offer help in determining the
reason for or solution to such overdrafts; and
Whereas, Other instances of overdrafts may be due to the account holder's negligence or
a deliberate attempt to defraud the banking institution; and
Whereas, Banks may levy overdraft fees on returned checks and overdrawn accounts to help
recoup losses incurred as a result of an overdraft and to pay for services provided to account holders
related to an overdraft; and
Whereas, According to the publication
Financial Times, an estimated $38.5 billion in
overdraft fees were collected by United State's banks in the year 2009, nearly double from the year
2000; and
Whereas, The United States Congress and various state legislatures have become concerned
over the steady rise of both overdraft fees and the methodology resulting in occurrences of
overdrawn accounts; and
Whereas, The Legislature should study and consider legislation and other measures to help
reduce and alleviate the expense and hardship occurring to the citizens of this state as a result of
account overdrafts while also considering the expense and financial burden incurred by banks and
other depository institutions as a result of overdrafts; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the issues
related to fees and charges for overdrafts of checking and other depository accounts and the
procedure and methodology of the posting of deposits and other monetary transactions in checking
and other depository accounts in West Virginia state chartered banks and other financial depository
institutions in the state that may result in an overdraft of an account; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, two thousand eleven, on its findings, conclusions
and recommendations together with drafts of any legislation to effectuate its recommendations; and,
be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
The Speaker referred the resolution (H. C. R. 76) to the Committee on Rules.
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. 4387, Flexible Leave Act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4387 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5,
§21-5G-6 and §21-5G-7, all relating to establishing the Flexible Leave Act; definitions; application;
use of leave with pay earned; prohibited acts; and affect on leave granted under the Federal Family
and Medical Leave Act of 1993,"
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 S. B. 4387) 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. 4373, Eliminating the twelve-month look-back period for certain children who have
had employer sponsored insurance,
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. 4486, Relating to tax tickets and other required notifications concerning property taxes,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4486 - "A Bill to amend and reenact §11A-3-19, §11A-3-22, §11A-3-
52 and §11A-3-55 of the Code of West Virginia, 1931, as amended, relating to the procedures,
notice and redemption requirements which apply when real property is sold to satisfy a tax lien;
requiring the purchaser of real property at a tax lien sale or auction to provide the actual mailing
address for the Class II property as a part of the post-auction information provided to the clerk;
requiring that a copy of the notice of the right to redeem the property be sent to the actual mailing
address of the Class II property, in the name of 'Occupant'; and establishing similar requirements
whenever Class II real property is auctioned or sold by the auditor's office or the deputy
commissioner of delinquent and nonentered lands as a result of a tax lien,"
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. 4460, Giving licensed appraisers access to PF-11 and PF-12 forms from the county
assessors office,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4460 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-2-12, relating to granting licensed real estate
appraisers access to commercial or residential review documents,"
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. 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,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4459 - "A Bill to amend and reenact §23-4-15 of the Code of West
Virginia, 1931, as amended, relating to increasing from one year to two years the time in which a
dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis
is determined to be a cause of death,"
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 the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 41 - "A Bill to amend and reenact §8A-5-12 of the Code of West Virginia, 1931, as
amended; to amend and reenact §16-13E-2, §16-13E-4 and §16-13E-7 of said code; and to amend
said code by adding thereto a new section, designated §16-13E-10a, all relating to community
enhancement districts; procedures relating to creation or expansion thereof; vesting period for an
approved land development plan and plat; and clarifying the applicability of certain statutory
provisions to such construction under certain circumstances"; which was referred to the Committee on Political Subdivisions then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 42 - "A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-
12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended,
all relating to revising the Municipal Economic Opportunity Development District Act; correcting
certain errors and inconsistencies contained therein; and enhancing the ability of the act to generate
economic development in the state"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 128 - "A Bill to amend and reenact §44-10-14 of the Code of West Virginia, 1931, as
amended, relating to authorizing that net settlement proceeds held for a minor may be invested in
a Smart 529 college savings plan"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 232 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto two new sections, designated §11A-3-5a and §11A-3-5b; and to amend and reenact
§11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18, §11A-
3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28, §11A-3-29, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to
delinquent land sales by the sheriff; authorizing the State Auditor to perform certain duties for
delinquent land sales by sheriff instead of the clerk of the county commission; raising fees; providing
effective date; and allowing counties to retain duties for delinquent land sales by sheriff"; which was
referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 237 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5, §13-2H-6, §13-2H-7,
§13-2H-8, §13-2H-9, §13-2H-10, §13-2H-11 and §13-2H-12; and to amend and reenact §29-22C-27
of said code, all relating to the authorization of municipalities, county commissions and certain
boards of education to issue revenue bonds secured by lottery revenue for the purpose of acquiring
or constructing public projects"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 345 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-13B-19, relating to requiring a study of the
telecommunications tax; authorizing the Tax Commissioner to order the disclosure of certain
information; exempting certain information received by the Tax Commissioner from the West
Virginia Freedom of Information Act; prohibiting the disclosure of certain information received by the Tax Commissioner; providing for criminal and civil penalties; defining terms; and authorizing
the Tax Commissioner to promulgate rules and emergency rules"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 349 - "A Bill to amend and reenact §49-2B-3 and §49-2B-8 of the Code
of West Virginia, 1931, as amended, all relating to requiring licensed or registered child care centers
to have a written plan for evacuation in the event of an emergency; providing for plan requirements;
requiring plan distribution; and making it a point of investigation before a license is received"; 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. 352 - "A Bill to amend and reenact §13-1-2 of the Code of West
Virginia, 1931, as amended; to amend and reenact §17-4-47 and §17-4-49 of said code; and to amend
said code by adding thereto a new article, designated §17-28-1, §17-28-2, §17-28-3, §17-28-4,
§17-28-5, §17-28-6, §17-28-7, §17-28-8, §17-28-9, §17-28-10, §17-28-11 and §17-28-12, all relating
generally to the creation of the West Virginia Community Empowerment Transportation Act;
authorizing county commissions to issue general obligation bonds for acquiring, maintaining,
improving public roads and transportation facilities; giving counties authority to impose, administer,
collect and enforce payment of voter-approved user fees to pay for or finance cost of transportation projects within their counties; defining certain terms; giving county commissions authority to issue
special revenue bonds to finance transportation projects and including authority to issue refunding
bonds; giving authority to take other actions to finance and complete transportation projects;
authorizing the Commissioner of Highways to establish procedures relating to review of
transportation projects; making legislative findings; stating legislative purpose; requiring certain
governmental entities seeking state funds for transportation projects to submit a transportation
project plan to Commissioner of Highways; setting forth transportation project plan requirements;
setting forth conditions for approval by the Commissioner of Highways; providing notice,
advertisement and election requirements for user fees; providing for a comprehensive agreement for
a transportation facility between the sponsoring governmental entity and the Division of Highways;
establishing the requirements for qualifying a transportation facility as a public improvement;
authorizing information sharing; requiring a bond covering the division for improvements to
highway facilities required as a result of development; providing that transportation projects are
awarded by competitive bidding and subject to prevailing wages; authorizing municipal utilities and
public service districts to include into rates costs borne by the utility in contributing moneys or
dedicate revenue to transportation project costs; regulating access from properties to and from state
roads; and providing recovery of cost of highway improvements from commercial and residential
developments"; which was referred to the Committee on Roads and Transportation then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 390 - "A Bill to amend and reenact §30-18-11 of the Code of West Virginia, 1931, as amended, relating to penalties for violations of private investigative and security services
regulations"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 441 - "A Bill to amend and reenact §11-13Z-1, §11-13Z-2 and §11-13Z-
3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight
new sections, designated §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9,
§11-13Z-10 and §11-13Z-11, all relating to the tax credit for residential solar energy systems;
identifying legislative purpose; creating certain definitions; defining 'solar energy system'; limiting
amount of credit to a maximum of $2,000; specifying application of credit and carryforward periods;
establishing burden of proof on taxpayer; requiring that written application for credit be filed with
the Tax Commissioner not later than specified date; allowing a penalty of fifty percent of credit for
failure to make timely application; establishing eligibility requirements for credit; disqualifying from
credit taxpayer that purchases solar energy systems from related persons; providing for credit
recapture and imposition of recapture tax if property disposed of in the first or succeeding tax year
the system put into service; authorizing promulgation of rules; specifying credit exclusion when
other credits are applied, or where federal grant or federal deduction applies, indicating
nontransferability of credit; requiring Tax Commissioner to undertake a solar energy tax credit
review beginning in 2013 and report results to the Governor, the President of the Senate and the
Speaker of the House of Delegates; requiring taxpayers to submit confidential data for inclusion in
said review and report; and terminating the solar energy tax credit in 2013"; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2010,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 464 - "A Bill to amend and reenact §29-6-5 of the Code of West Virginia, 1931, as
amended, relating to clarifying provisions relating to functions of the Division of Personnel"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 490 - "A Bill to amend and reenact §48-27-202, §48-27-503, §48-27-
505, §48-27-901 and §48-27-903 of the Code of West Virginia, 1931, as amended, all relating to
prevention and treatment of domestic violence; providing that family court judges may make
protective orders last for longer periods of time based upon circumstance; establishing criteria for
granting lengthier periods of protection; requiring secured bonds to prevent future domestic violence;
making third and subsequent offenses or violations of a protective order a felony; and penalties";
which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-54; and to amend and reenact §15-2A-16 of said code, all relating
to State Police; imposing criminal penalties for attempting to falsify records to defraud the West
Virginia State Police Death, Disability and Retirement Fund; and requiring repayment of any
additional benefits received as a result of fraudulent actions under the West Virginia State Police
Death, Disability and Retirement Fund and the West Virginia State Police Retirement System";
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. 515 - "A Bill to amend and reenact §61-7-2, §61-7-4, §61-7-6, §61-7-7
and §61-7-10 of the Code of West Virginia, 1931, as amended, all relating to firearms and licensing
thereof generally; authorizing magistrates to carry a concealed handgun without a license; clarifying
the requirements for a criminal background check; making July 10, 2010, the effective date of
amendments made during the 2010 Regular Session of the West Virginia Legislature; allowing a
West Virginia licensee who changes county residence to obtain a new license; prohibiting the
purchase or attempt to purchase a firearm from a firearm dealer by certain persons; increasing fines
for certain offenses; prohibiting and punishing a person other than a law-enforcement officer who
knowingly solicits, persuades, encourages or entices a firearm or ammunition dealer or private seller
to violate firearm sales laws; providing definitions; and conforming certain definitions to federal
law"; which was referred to the Committee on the Judiciary.
Motions
The Clerk read a written motion, heretofore filed with him by Delegate J. Miller, as follows:
"Delegate J. Miller moves that the Committee on Constitutional Revision be discharged rom
consideration of House Joint Resolution 103, the Healthcare Freedom Act, in accordance with the
provisions of House Rule 82; and, that the second reference to the Committee on the Judiciary be
dispensed with and the Resolution 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.
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. 86), and there were--yeas
77, nays 22, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Ireland, Lane,
Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter, Schadler, Schoen, Shott, Sobonya,
Sumner and Walters.
Absent And Not Voting: Argento.
So, a majority of the members present and voting having voted in the affirmative, the motion
that the written motion lie over prevailed.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were each
reported by the Clerk and adopted:
H. C. R. 16, The "Arsenio Albert Alvarez Memorial Bridge",
H. C. R. 36, "The Marion County Veterans Memorial Bridge",
And,
H. C. R. 66, Commemorating the passing of CW4 Brent Cole, patriot, pilot, husband, father,
soldier, proud West Virginian and true American hero.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
S. B. 611, Removing location requirement for certain higher education offices; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 87),
and there were--yeas 76, nays 23, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Ellem, Hamilton, Ireland,
Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya,
Sumner and Walters.
Absent And Not Voting: Argento.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 611) passed.
On motion of Delegate White, the title of the bill was amended to read as follows:
S. B. 611 - "A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as
amended; to amend and reenact §18B-2B-6 of said code; and to amend and reenact §18B-4-1 of said
code, all relating to the location of the offices of the Higher Education Policy Commission, the Vice
Chancellor for Administration, the West Virginia Council for Community and Technical College
Education, and WVNET."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 88), and there were--yeas 81, nays
18, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Lane, C. Miller, J. Miller,
Overington, Porter, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 611) 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. 4524, Revising the definition of "all-terrain vehicle" and including a definition for
utility terrain vehicle; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 89),
and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being
as follows:
Absent And Not Voting: Argento.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4524) passed.
On motion of Delegate Martin, the title of the bill was amended to read as follows:
H. B. 4524 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17F-1-9 of
said code, all relating to a revision of the definition of "all-terrain vehicle"; the inclusion of a definition for utility terrain vehicle and authorizing the same restrictions and conditions on the use
of utility- terrain vehicles as on all-terrain vehicles."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
At the request of Delegate Boggs, and by unanimous consent, all bills on second reading with
amendments pending, were 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. 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 second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3301, Amending the Division of Labor rule verifying employees legal
employment status; on second reading, coming up in regular order, was read a second time and
ordered to third reading with the amendment pending.
Com. Sub. for H. B. 4031, Providing flexibility in the West Virginia public school support
plan for funding regional education service agencies; 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. 4038, Imposing a statutory lien on fire insurance proceeds in the event
of a total loss to real property; on second reading, coming up in regular order, was read a second time
and ordered to third reading with the amendment pending.
Com. Sub. for H. B. 4081, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; on second reading, coming up in regular order, was read a second
time and ordered to third reading with the amendment pending.
Com. Sub. for H. B. 4137, Using voter registration figures to determine the placement of
political parties on the general election ballot; on second reading, coming up in regular order, was
read a second time and ordered to third reading with the amendments pending.
H. B. 4162, Providing a tax credit for obtaining certain certifications by the United States
Green Building Council Leadership; on second reading, coming up in regular order, was read a
second time and ordered to third reading with the amendment pending.
Com. Sub. for H. B. 4168, Relating to the Emergency Medical Services Retirement System;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
Com. Sub. for H. B. 4182, Relating to the emergency medical services retirement system
act; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 4185, Relating to mandatory retirement age of deputy sheriffs; 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. 4186, Relating to the practice of nursing home administration; 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. 4314, Regarding the valuation of motor vehicles and motorcycles for
property tax assessment purposes; on second reading, coming up in regular order, was read a second time and ordered to third reading with the amendment pending.
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 second reading,
coming up in regular order, was read a second time.
On motion of Delegate Boggs, the bill was amended on page one, following the enacting
section, by striking out the remainder of the bill and inserting in lieu thereof, the following:
"ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM
MEETINGS; NEXT MEETING OF THE SENATE.
§4-1-23. Annual reports to be sent to the Legislative Librarian.
(a) Any
state officer, person, office, agency, commission or board required by any section of
this code to provide
an annual a report to the Legislature
or any committee, commission or person
employed or elected to 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 shall submit
an additional copy of the report to the Legislative Librarian
and may submit
on electronic media to be filed in the same manner as a printed annual report or transmitted
electronically via the Internet
or as otherwise required by the Legislative Manager.
Any report filed
in an electronic format shall be considered as having satisfied the filing requirements.
(b) If an office, agency, commission or board submits its annual report electronically, it shall
transmit an electronic copy to the legislative manager.
(c) All audit reports shall be submitted to the Legislative Manager and may be submitted on
electronic media or transmitted electronically via the Internet.
(b) Failure to comply with this section is nonfeasance of office."
The bill was then ordered to third reading.
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 read a second time and ordered
to engrossment and third reading.
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 read a second time and ordered to
engrossment and third reading.
S. B. 548, Extending time Boone County Board of Education can meet as levying body; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 4455, Changing the Martinsburg public library to the
Martinsburg-Berkeley County Public Library; on second reading, coming up in regular order, was
read a second time and ordered to engrossment and third reading.
H. B. 4521, Creating a sales tax holiday for purchases of guns and ammunition; 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. 4534, Increasing the criminal penalty for failing to stop and render aid after a motor vehicle accident; Erin's Law; on second reading, coming up in regular order, was read
a second time and ordered to engrossment and third reading.
H. B. 4535, Repealing outdated and obsolete sections of the tax code; on second reading,
coming up in regular order, was read a second time and ordered to third reading with the
amendments pending.
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 second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
H. B. 4559, Relating to the requirements to be certified as a registered forester; 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. 4577, Relating to elevator inspections and classifications of licensure;
on second reading, coming up in regular order, was read a second time and ordered to third reading
with the amendment pending.
H. B. 4582, Creating reciprocity for West Virginia small, women and minority-owned
businesses who receive such preferences in other states; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2542, "Jason Flatt Act of 2010",
H. B. 4161, Creating the Herbert Henderson Office of Minority Affairs,
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,
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,
Com. Sub. for H. B. 4211, Providing supplemental funding for providing alternative
programs for limited English proficient students,
Com. Sub. for H. B. 4214, Requiring review and approval of final settlements of Workers'
Compensation awards,
H. B. 4219, Reporting of certain geologic information obtained incidental to oil and gas
drilling,
Com. Sub. for H. B. 4223, Increasing the safety of school children that use school buses ,
Com. Sub. for H. B. 4306, Relating to public school support computation of local share,
Com. Sub. for H. B. 4324, Extending the expiration date of employment of retired teachers
beyond the post-retirement employment limit,
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,
Com. Sub. for H. B. 4602, Defining the responsibilities of high school athletic directors,
Com. Sub. for H. B. 4615, Authorizing political subdivisions to establish risk pools to insure
their workers' compensation risks,
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,
Com. Sub. for H. B. 4646, Relating to corporate political accountability,
Com. Sub. for H. B. 4647, Relating to the regulation and control of elections,
Com. Sub. for H. B. 4652, Establishing a school calendar committee for each county,
And,
H. B. 4663, Extending the time for certain members to purchase additional service credit for
service in the Teachers Defined Contribution Retirement System.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento.
Miscellaneous Business
Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate Shott
regarding utility rates be printed in the Appendix to the Journal.
Delegate Armstead also asked and obtained unanimous consent that the remarks of Delegate
Blair regarding welfare recipients and drug testing be printed in the Appendix to the Journal.
At 12 meridian, the House of Delegates adjourned until 11:00 a.m., Friday, February 26,
2010.