hdj2009-03-20-38
__________*__________
Friday, March 20, 2009
THIRTY-EIGHTH 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, March 19, 2009, 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. C. R. 16, The "Willis W. Elkins Memorial Bridge",
And,
H. C. R. 35, The "Pvt. Russell Curtis Knight Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2413, Changing the upper age restriction for new police hires in municipalities,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2413 - "A Bill to amend and reenact §8-14-12 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §8-22-25 of said code, all relating to the age
hiring restrictions for new applicants to municipal police departments,"
H. B. 2547, Relating to pawnbrokers obtaining a signed statement affirming ownership from
a seller or pledgor on all sale or pawn transactions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2547 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §47-25-1, §47-25-2 and §47-25-3, all relating to
pawnbrokers; requiring pawnbrokers to obtain and retain a signed statement affirming ownership
from each seller or pledgor on all sale or pawn transactions, except for refinance pawn transactions
or merchandise bought from a manufacturer or wholesaler with an established place of business;
making the violation of that requirement a misdemeanor; making the filing of a false statement of
ownership a misdemeanor; making a pawnbroker's failure to comply a misdemeanor; establishing
criminal penalties for offenses; and definitions,"
H. B. 2557, Requiring that warranty provisions for new motor vehicles are equally applicable
to motor vehicles purchased inside or outside the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2557 - "A Bill to amend and reenact §46A-6A-2, §46A-6A-3 and
§46A-6A-3a of the Code of West Virginia, 1931, as amended, all relating to new motor vehicle
warranties; making the provisions related to the enforcement of new motor vehicle warranties
applicable to vehicles registered and titled in this state, regardless of where the vehicle was
purchased; and continuing to make the same provisions related to the enforcement of new motor
vehicle warranties applicable to new cars purchased in this state, regardless of where they are titled,"
H. B. 2739, Enhancing the service and enforcement of domestic violence protective orders
issued by state courts,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2739 - "A Bill to amend and reenact §48-27-311, §48-27-505,
§48-27-701, §48-27-902, §48-27-903 and §48-27-1002 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding two new sections, designated §48-27-1003 and
§48-27-1004, all relating to revising and expanding the procedures and methods for service,
enforcement, and registration of domestic violence protective orders; requiring circuit court clerks
to use certified or registered mail for service of a protective order; requiring circuit court clerks to
forward copies of protective orders to magistrates or magistrate court clerks; requiring magistrates
or magistrate court clerks to forward copies of protective orders to state and federal agencies;
requiring law enforcement to attempt service of protective orders within seventy-two hours of
issuance; authorizing certain persons to file a criminal complaint for violation of a protective order;
providing a criminal penalty for violation of a protective order; authorizing the seizure of weapons
possessed in violation of a protective order; authorizing nonjudicial enforcement and service of state
protective orders; and providing civil and criminal immunity to government officials for acts or
omissions arising out of enforcement of a protective order, or the detention or arrest of an alleged
violator of a protective order, if the official acted in a good faith effort to comply with the statutes
related to the prevention and treatment of domestic violence,"
And,
H. B. 2771, Including political subdivisions of West Virginia in the West Virginia Alcohol
and Drug-Free Workplace Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2771 - "A Bill to amend and reenact §21-1D-2, §21-1D-4 and §21-1D-8
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new
sections, designated §21-1D-5a and §21-1D-7b, all relating to West Virginia Alcohol and Drug-Free Workplace Act; defining that a contract under this section shall only include those whose value is
over $50,000; defining a pre-employment drug test; requiring the submission of a sworn statement
regarding a drug-free workplace; providing that workers who comply with that United States
Department of Transportation drug testing guidelines are not required to submit to additional tests;
requiring a report to public authority who let the contract; and providing criminal penalties,"
With the recommendation that the committee substitutes each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State
Building Code,
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. 2976) was referred to
the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2411, Requiring that workplace fatalities be reported to the Division of Labor,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2411 - "A Bill to amend and reenact §21-3-1 of the Code of West
Virginia, 1931, as amended, relating to requiring that workplace fatalities be reported to the Division
of Labor,"
And,
H. B. 2958, Increasing the fines for a trespassing conviction pursuant to certain
circumstances,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2958 - "A Bill to amend and reenact §61-3B-3 of the Code of West
Virginia, 1931, as amended, relating to increasing the fines for a trespassing conviction pursuant to
certain circumstances,"
With the recommendation that the committee substitutes each do pass.
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. 3022, Creating a medical home health care plan for uninsured adults,
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. 3022) was referred to
the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2884, Long-Term Care Partnership Program,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2757, Relating to financial audits of insurers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2757 - "A Bill to amend and reenact §33-33-1, §33-33-2, §33-33-3,
§33-33-4, §33-33-5, §33-33-6, §33-33-8, §33-33-9, §33-33-10, §33-33-10a, §33-33-11, §33-33-12,
§33-33-13, §33-33-14 and §33-33-15 of the Code of the West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-33-16, all relating to financial
audits of insurers; defining terms; providing general requirements for filing annual audited financial
reports; providing for creation of audit committee; requiring financial reports to include certain
items; requiring the designation of an independent certified public accountant by insurers; providing
requirements for the independent certified public accountants; prohibiting use of indemnification
agreements by independent certified public accountants performing certain audits; permitting
mediation or arbitration agreements in certain circumstances; requiring audit to be performed in
accordance with generally accepted auditing standards; requiring independent certified public
accountants to report adverse financial condition of insurers; requiring independent certified public
accountants to report material weaknesses regarding internal control of insurers; requiring
independent certified public accountants to provide letter of qualifications; requiring that workpapers
of independent certified public accountants be available for review by Insurance Commissioner;
providing for requirements of audit committee; requiring certain conduct of insurer regarding
preparation of reports and documents; providing requirements for conducting financial audits of
Canadian and British insurers; requiring report from insurers regarding internal control over financial
reporting; providing exemptions; and providing effective dates of provisions,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3086, Permitting home incarceration supervisors to carry handguns in the course of
their official duties,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3086 - "A Bill to amend and reenact §62-11B-7a of the Code of West
Virginia, 1931, as amended, relating to permitting home incarceration supervisors to carry handguns
in the course of their official duties, subject to meeting certain qualifications; establishing minimum qualifications and training which must be satisfied as a precondition; exempting home incarceration
employees from having to obtain a concealed handgun permit, once so qualified, in order to carry
a gun in the official course of his or her duties; and limitations,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3011, Repealing the section of code relating to limitation on political activity of
officers or employees in the administration of the Vocational Rehabilitation Program,
And reports the same back with the recommendation that it do pass.
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 and Economic Development and Small
Business has had under consideration:
H. B. 2535, Creating a tax credit for certain solar energy systems,
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. 2535) was referred to
the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 384 - "A Bill to amend and reenact §29-3A-1 of the Code of West
Virginia, 1931, as amended, relating to authority to control an emergency scene on state highways";
which was referred to the Committee on Roads and Transportation then Government Organization.
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. 497 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §15-14-1, §15-14-2, §15-14-3 and §15-14-4, all relating to the West
Virginia Partnership to Promote Community Well-Being; designating the partnership as the single
state planning authority for substance abuse prevention, intervention and recovery; setting forth
powers and duties; establishing a special revenue account; and requesting authorization for
partnership recommendations as to certain federal grants"; which was referred to the Committee on
Finance.
Resolutions Introduced
Delegates Lawrence, Argento, Beach, Blair, Brown, Cann, Cowles, Doyle, Duke, Ennis,
Evans, Fleischauer, Givens, Guthrie, Hall, Iaquinta, Klempa, Kominar, Longstreth, Louisos, Mahan,
Manchin, Overington, Paxton, Pethtel, Phillips, D. Poling, Reynolds, Rodighiero, Romine, Shaver,
Skaff, Smith, Stowers, Susman, Swartzmiller, Tabb, Varner and Williams offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 41 - "Requesting the Governor's assistance in securing the future use of the MARC
commuter train service in Jefferson and Berkeley counties."
Whereas, The MARC commuter train service to Washington, D.C. from Jefferson and
Berkeley counties provides convenient and affordable transportation to some five hundred fifty West
Virginia citizens each weekday; and
Whereas, Those West Virginia citizens employed in the Washington, D.C. area pay West
Virginia payroll withholding taxes; and
Whereas, Those West Virginia citizens contribute some $40 million directly into the
economy of Jefferson and Berkeley counties as well as the state as a whole; and
Whereas, The MARC commuter train service to Jefferson and Berkeley counties has been a valuable asset for economic health and development for those counties for the last two decades;
and
Whereas, The MARC commuter train service to West Virginia has been subsidized by
theMaryland taxpayers by the Maryland Road Fund; and
Whereas, The state of Maryland is experiencing significant budget problems and has
required the Maryland Transit Administration to review it's future subsidy for the MARC commuter
train service into West Virginia; and
Whereas, The Maryland Transit Administration in February, 2009 added an extra fee to the
West Virginia citizens boarding the MARC train in West Virginia, amounting to $2.00 per trip,
$20.00 per week and $80.00 per month; and
Whereas, After the imposition of the additional West Virginia ticket fees, a significant
number of West Virginia citizens have stopped boarding the train in West Virginia and the total
expected revenue from the ticket increase will not meet revenue expectations for the Maryland
Transit Administration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests that the Governor provide support for MARC commuter
train service to Jefferson and Berkeley counties; and, be it
Further Resolved, That the West Virginia Division of Highways is to have the MARC
commuter train service to Jefferson and Berkeley counties be made part of the statewide Intermodal
Transportation Plan for West Virginia; and, be it
Further Resolved, That the West Virginia Department of Transportation is to seek all
available state and federal funds for the preservation and continuation of the MARC commuter train
service; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Governor and the Secretary of Transportation of West Virginia.
Delegates Longstreth, Anderson, Armstead, Ashley, Azinger, Beach, Boggs, Border, Brown, Butcher Campbell, Cann, Caputo, Carmichael, Crosier, Duke, Eldridge, Ellem, Ennis, Evans, Ferro,
Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton, Hatfield, Hunt, Hutchins, Klempa,
Kominar, Mahan, Manypenny, Marshall, McGeehan, Michael, Miley, C. Miller, Moore, Morgan,
Moye, Overington, Paxton, Perdue, Pethtel, D. Poling, M. Poling, Porter, Reynolds, Rodighiero,
Romine, Shook, Shott, Skaff, Sobonya, Spencer, Staggers, Stephens, Stowers, Susman, Tabb,
Talbott, Varner, Walker, Wells and Wooton offered the following resolution, which was read by its
title and referred to the Committee on Rules:
H. C. R. 42- "Urging the members of the West Virginia Congressional delegation to phase
out Medicare's two-year waiting period so that persons under age sixty-five with Alzheimer's
disease are eligible for Medicare immediately after receiving their determination of disability."
Whereas, The West Virginia Legislature recognizes that Alzheimer's disease is the twenty-
first century's health epidemic; and
Whereas, The West Virginia Legislature recognizes that ten million baby boomers in the
United States will develop Alzheimer's disease; and
Whereas, The Legislature of West Virginia recognizes that one in eight baby boomers in
the United States will develop Alzheimer's; and
Whereas, People under age sixty-five with Alzheimer's disease or other dementia whose
employment is terminated because of the disease are likely to lose job-related health insurance and
may become uninsured and uninsurable; and
Whereas, Individuals with young-onset Alzheimer's disease who qualify for Medicare
benefits under Social Security Disability Insurance (SSDI) must wait five months after the eligibility
determination is made to start receiving SSDI benefits and twenty-four months after that date for
Medicare benefits to start; and
Whereas, The Medicare waiting period causes many people with Alzheimer's disease to
decide whether they will face high medical out-of-pocket expenditures for care or forgo medical
care; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia requests the U.S. Congress to phase out Medicare's
two year waiting period so that persons under age sixty-five with Alzheimer's disease are eligible
for Medicare immediately after receiving their determination of disability; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to members of the West Virginia congressional delegation, the Speaker of the U.S. House
of Representatives, the Majority Leader and Minority Leader of the U.S. House of Representatives
and the Majority Leader and Minority Leader of the U.S. Senate.
Delegates Kominar, White, Moore, Talbott, Perdue, Perry, Staggers and Frazier offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Requesting the Division of Highways to name those northbound and
southbound sections of U.S. Route 52 within West Virginia not already otherwise named by the
Division for an individual or organization, in memoriam or otherwise, the 'Vietnam Veterans
Highway'."
Whereas, Many brave sons and daughters of the State of West Virginia responded to the
call of their community, their State, and their Nation to defend many of the values, ideals, and
freedoms they held so dear by serving in our military during our nation's involvement in the Vietnam
War; and
Whereas, Many of those brave sons and daughters also made the ultimate sacrifice to
protect those values, ideals, and freedoms; and
Whereas, Over 145 years ago President Abraham Lincoln reminded the American people
that from those who made the ultimate sacrifice, that this nation "take increased devotion to that
cause for which they gave the last full measure of devotion that we here highly resolve that these
dead shall not have died in vain"; and
Whereas, By now most Americans recognize that we got it wrong in not acknowledging the
courage, the valor, and the commitment of the men and women of our Armed Forces who fought an unpopular war; and
Whereas, As a community, a state, and a nation, we must remain committed to work
diligently to provide all our surviving warriors who returned home, and the families of our fallen,
our missing from the Vietnam War with our full support; and
Whereas, In dedication to the memory of all the sons and daughters of the State of West
Virginia who served in the Vietnam War, let us recommit ourselves to never forget their sacrifices;
and
Whereas, Let us commit ourselves to renew our commitment to the values and ideals that
have made this nation what it is today, the greatest nation in the world; and
Whereas, The naming of one of the State of West Virginia's most traveled highways, being
U.S. Route 52, to honor in a small way all Vietnam veterans to remind thousands of motorists who
travel that route every day of those sons and daughters of this great State who sacrificed so much for
our community, state, and nation to protect our values, ideals, and freedoms; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name those northbound and
southbound sections of U.S. Route 52 within West Virginia not already otherwise named by the
Division for an individual or organization, in memoriam or otherwise, the "Vietnam Veterans
Highway"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying those sections of U.S. Route 52 as the "Vietnam Veterans Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation.
Delegate Staggers offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. R. 39 - "Proclaiming the importance of rail to West Virginia and supporting the
continuation of balanced federal rail regulation."
Whereas, Railroads have long fueled the economic and social development of West
Virginia, beginning in the 1850' s when rail connected West Virginia to the nation and extending
to the present day. Railroads made it possible for West Virginia to power the nation with the
delivery of coal which has fueled business and industry and provided heat and light for the homes
of millions of Americans for over a century. Railroads today directly employ over 5,000 West
Virginians in good paying jobs and support thousands of other jobs in countless other sectors of our
economy; and
Whereas, Federal bureaucratic intrusion nearly decimated railroads in the 1960's and 1970's
to the detriment of the people of West Virginia and the nation, but Congressman Harley Staggers of
West Virginia authorized legislation, known as the Staggers Rail Act of 1980 and signed into law
by President Jimmy Carter in 1980, which reformed regulations on rail and held railroads
accountable while allowing them to grow and serve the people of West Virginia and all Americans.
This Act made it possible for railroads of today to become the safest, most fuel efficient, cost
effective and environmentally friendly means of moving freight. A train can move a ton of freight
four hundred twenty-three miles on a single gallon of fuel and one train can carry the load of two
hundred eighty trucks or more; and
Whereas, Continued expansion and revitalization of rail will reduce our dependence on
foreign oil, lessen emissions of greenhouse gases, create jobs, lower transportation costs and improve
the quality of life for all West Virginians and all Americans; therefore, be it
Resolved by the House of Delegates:
That the State of West Virginia supports preservation of today's balance rail regulations
which hold rail accountable while allowing it to expand to meet the nations's needs; and, be it
Further Resolved, That the State of West Virginia supports federal policies, including
investment tax incentives, that would help expand and revitalize West Virginia and the nation's
freight rail system; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the members of the West Virginia delegation in Congress.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition on behalf of residents of his district,
expressing support of the Defense of Marriage Amendment; which was referred to the Committee
on Constitutional Revision.
Delegates Givens and Ennis presented a petition on behalf of residents of their district,
expressing support of the Defense of Marriage Amendment; which was referred to the Committee
on Constitutional Revision.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Eldridge, Butcher, C. Miller, Barker, Hall, Rodighiero and Reynolds:
H. B. 3247 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-3-19, relating to requiring any person licensed to prescribe
drugs within West Virginia pursuant to chapter thirty of this code, to check with the State Board of
Pharmacy before initially prescribing certain drugs to a new patient to determine if said patient is
engaging in doctor shopping"; to the Committee on Health and Human Resources then Government
Organization.
By Delegates Walker, Louisos, Smith, Hunt, Hall, Shaver and Skaff:
H. B. 3248 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to exempting members of the West Virginia Senate and House of Delegates from
requiring them to obtain a license to carry concealed deadly weapons throughout their terms of
service"; to the Committee on the Judiciary.
By Delegates Armstead, Walters and Lane:
H. B. 3249 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as
amended, relating to the limiting the maximum distance a vehicle can drive in a center lane which is clearly marked as a left turn lane"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegate Ellem:
H. B. 3250 - "A Bill to amend and reenact §16-29-2 of the Code of West Virginia, 1931, as
amended, relating to excluding indigent persons from receiving health care records free of charge
when the indigent person is represented by an organization or an attorney that is charging a fee for
such representation"; to the Committee on the Judiciary.
By Delegate Shott:
H. B. 3251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion
by any person who has admitted to or who has been adjudicated to have committed medical
malpractice; prescribing a criminal penalty for violations of this section; and providing that nothing
in the section can be construed as approving the performance of an abortion"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegate Sumner:
H. B. 3252 - "A Bill to amend and reenact §17C-15-19 of the Code of West Virginia, 1931,
as amended, relating to additional lighting and reflector equipment required on certain vehicles";
to the Committee on Roads and Transportation then the Judiciary.
By Delegates Manypenny and Beach:
H. B. 3253 - "A Bill to amend and reenact §8-12-18 of the Code of West Virginia, 1931, as
amended, relating to municipal corporations; sale, lease or disposition of municipal property; and
providing misdemeanor criminal penalty for failing to comply with law regarding sales, including
automatic removal from office"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Manypenny, Beach, Frazier and Fleischauer:
H. B. 3254 - "A Bill to amend and reenact §8A-12-2 of the Code of West Virginia, 1931,
as amended, relating to requiring county commissions to adopt and implement county farmland protection programs"; to the Committee on Government Organization then the Judiciary.
By Delegates Webster, Moore, Caputo, Ellem, Fragale, M. Poling, Brown, Perdue, Lane
and Fleischauer:
H. B. 3255 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5 and §37-6A-
6, all relating to residential rental security deposits; relevant definitions; security deposits;
maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's
noncompliance; application of article; security deposits prior to effective date of article"; to the
Committee on the Judiciary.
By Delegates Perry, Moore, Marshall, Mahan, Guthrie, Williams, Kominar, Perdue and
Moye:
H. B. 3256 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4 and §15-14-5, all relating
to the West Virginia Partnership to Promote Community Well-Being; designating the partnership
as the single state planning authority for substance abuse prevention, intervention and recovery;
setting forth powers and duties; establishing a special revenue account; requesting authorization for
partnership recommendations as to certain federal grants; creating a Medical Prescription Advisory
Board to provide expertise on controlled substances to licensing boards and law-enforcement
agencies during investigations of prescribers; establishing membership; and terms and
responsibilities"; to the Committee on Health and Human Resources then the Finance.
By Delegates Marshall, Moore, Mahan, Guthrie, Perry, Kominar, Perdue and Moye:
H. B. 3257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for
nurses, social workers, dentists and hygienists"; to the Committee on Education then Finance.
By Delegates Doyle, Klempa and Guthrie:
H. B. 3258 - "A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to allocating to certain municipalities and counties an increased proportion of
the adjusted gross receipts from licensed racetracks with West Virginia Lottery table games, and a
corresponding decrease in funds transferred to the state, when the voters of all the counties that have
licensed racetracks have approved that West Virginia Lottery table games are permitted at those
licensed racetracks"; to the Committee on the Judiciary then Finance.
By Delegate Walters:
H. B. 3259 - "A Bill to amend and reenact §23-5-7 of the Code of West Virginia, 1931, as
amended, relating to compromise and settlement of workers' compensation claims for permanent
total disability; requiring the appointment of a guardian ad litem for claimants without lawyers; and
providing for payment of fees by the Insurance Commissioner"; to the Committee on the Judiciary
then Finance.
By Delegates Overington, Longstreth, Sobonya, Barker, Lane, Klempa, Hartman and
Armstead:
H. B. 3260 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as
amended, relating to required courses of school instruction generally; requiring the accumulation of
one and one-half years of instruction in the study of the Declaration of Independence and other
founding American historical documents including the Bill of Rights before high school graduation;
and requiring study of the historical, political and social environments at the time these documents
were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations,
world government, socialism or communism until basic courses in American state and local
geography and history are completed; and misdemeanor penalty"; to the Committee on Education.
By Delegate Butcher:
H. B. 3261 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17C-1-4 of said code; and to amend said code by adding thereto
a new section, designated §17C-1-67, all relating to providing definitions for autocycle and
motorcycle"; to the Committee on Roads and Transportation then Finance.
By Delegates Klempa, Guthrie, Kominar, Eldridge, Marshall, Perdue and Evans:
H. B. 3262 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §11-27-36 of said code, all relating to health care provider
tax generally; providing a tax of five percent of the gross receipts of the tax payer until July 1, 2010;
and allowing certain providers to reduce gross receipts by contractual allowances"; to the Committee
on Finance.
By Delegates Overington, Carmichael, Sobonya and Sumner:
H. B. 3263 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as
amended, relating to providing that all persons have the right to be free from violence without regard
to the motivation behind the violence"; to the Committee on the Judiciary.
By Delegates Perry, Shook, Ashley, Michael, Hartman and Azinger:
H. B. 3264 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as
amended, relating to eliminating the doctrine of 'constructive exhaustion', as enunciated in
Horace
Mann Insurance Company v.
Adkins, 215 W.Va. 297, 599 S.E.2d 720 (2004), relative to an insured's
right to recover underinsured benefits from the insured's insurance carrier"; to the Committee on
Banking and Insurance then the Judiciary.
By Delegate Kominar:
H. B. 3265 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931,
as amended, relating to the electronic device takeback program; clarifying the definition of covered
electronic device; clarifying that only manufacturers of devices sold to consumers must register with
the Department of Environmental Protection; exempting certain covered electronic devices from
coverage; and including certain electronic products as video display devices"; to the Committee on
Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Morgan:
H. B. 3266 - "A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as
amended, relating to increasing the penalty for accessory after the fact to certain crimes to a felony; establish penalty; and creating exceptions"; to the Committee on the Judiciary then Finance.
By Delegate Marshall:
H. B. 3267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §62-1A-10 and §62-1A-11, all relating to searches of motor
vehicles by law-enforcement officers; establishing criteria; and requiring rules"; to the Committee
on the Judiciary.
By Delegates Perry, Moore, Marshall, Mahan, Guthrie, Williams, Kominar, Perdue,
Fleischauer and Moye:
H. B. 3268 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-4E-1, §9-4E-2, §9-4E-3, §9-4E-4, §9-4E-5, §9-4E-6, §9-4E-7,
§9-4E-8, §9-4E-9 and §9-4E-10, all relating to funding for community-based services and supports
for individuals with disabilities; establishing the Long-Term Care Redistribution Act; providing
definitions for certain terms; requiring the Department of Health and Human Resources to modify
certain policies to improve community-based long-term services; to establish an appeals process;
legislative oversight; and requiring legislative rules and establishing a time line"; to the Committee
on Health and Human Resources then Finance.
By Delegate Lane:
H. B. 3269 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6,
§51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and §51-1B-14, all
relating to creating an Intermediate Court of Appeals for each of the state's three congressional
districts; qualifications and number of judges; electing judges to eight year terms; jurisdiction to hear
cases; setting forth two court terms per year; permitting special terms; appointment of clerk and other
employees; and salaries"; to the Committee on the Judiciary then Finance.
By Delegates Kominar, White and Boggs:
H. B. 3270 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5 and §11-6J-6; and
to amend and reenact §11-15-8d and §11-15-9h of the Code of West Virginia, 1931, as amended,
all relating to taxation, providing mandated salvage valuation of certain high technology businesses
property, specifying short title; providing definition; specifying method for valuation of property;
specifying initial determination by county assessor; specifying procedure for protest and appeal;
specifying limitations on right to assert exemptions; exempting certain items installed into building
or facility for direct use in specified business activity; providing definitions; specifying effective
dates"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Wooton and Fleischauer:
H. B. 3271 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3 and §11-13Z-4, all relating to
creating a tax credit for certain solar energy systems; providing for restrictions of use; requiring
public electric utilities to provide net metering service to customers; and requiring Tax
Commissioner to promulgate rules for claiming and applying tax credit"; to the Committee on
Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Perdue:
H. B. 3272 - "A Bill to amend and reenact §18A-4-1 and §18A-4-2 of the Code of West
Virginia, 1931, as amended, all relating to state minimum salary schedules and additional
definitions"; to the Committee on Education then Finance.
By Delegate Spencer:
H. B. 3273 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-2a, §5-10E-3, §5-10E-4, §5-10E-5,
§5-10E-6, §5-10E-7, §5-10E-8, §5-10E-8a, §5-10E-9, §5-10E-9a, §5-10E-9b, §5-10E-9c, §5-10E-9d,
§5-10E-10, §5-10E-11, §5-10E-12, §5-10E-13, §5-10E-14, §5-10E-15, §5-10E-16, §5-10E-17, §5-
10E-18, §5-10E-19, §5-10E-20, §5-10E-21, §5-10E-22, §5-10E-23, §5-10E-24, §5-10E-25, §5-10E-
26, §5-10E-27, §5-10E-28, §5-10E-29, §5-10E-30 and §5-10E-31, all relating to creating a new retirement system for West Virginia Correctional Officers"; to the Committee on Pensions and
Retirement then Finance.
Today being Friday, the House of Delegates proceeded to the consideration of business on
the Local Calendar.
Local Calendar
First Reading
H. B. 2050, Expanding the counties covered by West Virginia Route 2 and Interstate 68
Authority to include Cabell, Mason and Jackson counties; and increasing the number of members;
on first reading, coming up in regular order, was read a first time and 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. 74), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
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.
On motion of Delegates Swartzmiller, Morgan, Ennis, Pethtel, Varner, Klempa, Ferro,
Hutchins, McGeehan, Givens, Romine, Ireland, Anderson, Azinger, Ellem, Border and D. Poling
the bill was amended on page two, section one, following line thirteen, by adding a new paragraph
to read as follows:
"The Legislature requests that the Governor and the Secretary of Transportation seek support
from West Virginia's congressional delegation for priority funding to make Route 2 from Hancock
County to Cabell County a four-lane highway, to be completed by the year 2030."
There being no further amendments, the bill was then 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. 75),
and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2050) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 76), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2050) 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.
Special Calendar
Third Reading
H. B. 2541, Including poultry among those domesticated farm animals or stock which the
owner shall be liable for damages caused by those animals; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 77),
and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting
being as follows:
Nays: Evans.
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2541) 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. 2742, Repealing outdated provisions from the WV Code relating to
vinegars; 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. 78),
and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2742) 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. 2968, Requiring the State Fire Commission to establish safety standards
for liquefied petroleum gas systems; 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. 79),
and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2968) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 80), and there were--yeas 92, nays
none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2968) 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. 3083, Permitting blood donations by persons age sixteen with parental consent; 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. 81),
and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being
as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3083) 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
S. B. 329, Updating terms in Personal Income Tax Act; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
S. B. 410, Updating terms in Corporation Net Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2566, Expanding applicability of increased penalties for crimes against
certain protected persons; 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. 2690, Updating language pertaining to indemnity for the death of
diseased or infected animals; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 2836, School Innovation Zones Act; on second reading, coming up in
regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3066, Clarifying the supervision requirements for elevator apprentices under elevator
safety; 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. 3158, Providing assistance to certain political subdivision activities
involving municipal policemen's and firemen's pensions and relief systems and volunteer fire
departments; 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.
H. B. 3229, Relating to creation of the Science and Research Council; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
Com. Sub. for H. B. 3074, Allowing the Secretary of State to notify people with delinquent
taxes by certified mail; on first reading, coming up in regular order, was read a first time and ordered
to second reading.
Miscellaneous Business
Delegate Armstead asked and obtained unanimous consent to be removed as a sponsor of
H.
B. 2882, Transferring authority over racing, boxing, charitable bingo, raffle, games and charitable lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control
Commission.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
At 12:06 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 23, 2009.