hdj2008-02-14-37

__________*__________
Thursday, February 14, 2008
THIRTY-SEVENTH 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 13, 2008, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges of the floor to invited guests for presentations by the House.
At the request of Delegate DeLong, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introducing resolutions.
Resolutions Introduced
Delegates Kessler, Walters, Burdiss, Gall and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 47 - "Requesting the Joint Committee on Government and Finance study any and all funds of carry over accounts of any sort or location in the holdings of the State of West Virginia."
Whereas, Funds in carry over accounts of any sort or location in the holdings of the State of West Virginia may amount to significant unutilized funds; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study any and all funds of carry over accounts of any sort or location in the holdings of the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Pino, Armstead, Beach, Brown, Fleischauer, Frederick, Gall, Guthrie, Hatfield, Higgins, Kessler, Lane, Long, Mahan, Marshall, Moye, Palumbo, Perry, Porter, Shook, Spencer, Staggers, Sumner, Walters, Webster and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 48 - "Requesting the Commissioner of the West Virginia Division of Highways to designate the West Virginia Turnpike, the 'Okey L. Patteson Highway'."
Whereas, Okey L. Patteson was born at Dingess, a coal town in Mingo County, on September 14, 1898; and
Whereas, The Patteson family moved to Mount Hope, Fayette County, in 1899, where Okey Patteson's father went into the mercantile and hardware businesses; and
Whereas, Okey L. Patteson followed in the footsteps of his father and established his own business, an automobile dealership in Mount Hope; and
Whereas, He was "disabled" from a hunting accident in 1932, which cost him both legs, but overcoming his disability he went on to give great service in helping and encouraging others who had suffered the loss of limbs; and
Whereas, He entered into politics in Fayette County, where he served on the Mount Hope city council for twelve years and served as Sheriff of the County for four years; and
Whereas, In 1944, Okey L. Patteson, was appointed Executive Assistant to Governor Clarence Meadows and during that service he was highly instrumental in establishing road building programs, including the West Virginia Turnpike; and
Whereas, Okey L. Patteson was elected Governor of the State of West Virginia in 1948, in which office he served from January, 1949, to January, 1953; and
Whereas, As Governor, he distinguished himself by advancing many programs and initiatives, among which was his bold concept that West Virginia could have a first class medical school and from his sound wisdom has arisen a major medical treatment and research center from which thousands of medical care professionals have been produced for service in the state and the Nation, thousands of West Virginians treated by highly competent physicians using the most modern equipment and practicing with the most current procedures, and a place where important medical research is being conducted for the future benefit of the state, the Nation and the World; another was his vision and hard work that produced for the state the West Virginia Turnpike, a modern highway through some of the most mountainous of terrain in the country; and another was his defusing of the Widen mine war in Clay County, which is a testament to his persuasiveness and native intuitiveness in dealing with knotty issues; and
Whereas, He was much honored for his good works, among which honors were his invitation and address to the President's Committee on Employment of the Physically Handicapped in Washington, D.C. in August of 1950, his national citation for outstanding service to the physically handicapped which he received in 1951, and his naming by the Charleston Gazette as "West Virginian of the Year" for the year 1951; and
Whereas, In 1952, Okey L. Patteson, organized the State Turnpike Commission to oversee construction of the West Virginia Turnpike; and
Whereas, Okey L. Patteson was the creator and driving force behind the placement of the beneficial West Virginia University Medical Center in Morgantown, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Commissioner of the West Virginia Division of Highways is hereby requested to designate the West Virginia Turnpike the "Okey L. Patteson Highway"; and, be it
Further Resolved, That the Commissioner is requested to have made and be placed, at all appropriate locations, signs identifying the roadway as the "Okey L. Patteson Highway Creator of the West Virginia Turnpike and West Virginia University Medical Center"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways and the Governor of West Virginia.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Blair, J. Miller, Duke, Border, Canterbury, Ellem, Azinger, Evans, Romine, Anderson and Rowan:

H. J. R. 108 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections one-b and seven, article ten thereof, all relating to taxation; providing for the limiting of the assessed valuation of and the levy rate upon real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state, who is sixty-five years of age or older or is permanently and totally disabled and who is defined as a low income person; and limiting the amount an annual tax increase on real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
Delegates Beach, Shook, Marshall, Fleischauer, Ennis, Perry, Long, Pethtel, Longstreth, Shaver, Caputo, Tucker and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 21 - "Commemorating the lives of the nine miners who were lost in the July 22, 1972 mine fire at the Blacksville No. 1 Mine in Monongalia County."
Whereas, At approximately 7:30 p.m. on Saturday July 22, 1972 a mine fire broke out along the No. 3 North mains track of the Blacksville No. 1 Mine in Monongalia County where forty-three miners were working underground when the continuous miner came into contact with the trolley wire; and
Whereas, Despite an immediate attempt to extinguish the fire by motor operators Glen Cale and Frank Strakal, they were forced to abandon their efforts due to thick smoke; and
Whereas, While the fire continued to burn, by 8:50 p.m. on that day, thirty-four of the miners were safely evacuated to the surface; and
Whereas, Two rescue teams were assembled and entered the mine four hours later at 12:40 a.m., roof falls and other hazardous conditions prevented the teams from reaching the fire area for thirty-six hours; and
Whereas, Due to the restricted airflow caused by the roof falls at 2:42 p.m. on July 24, a mine explosion occurred and prevented further rescue efforts; and
Whereas, All rescue team members safely reached the surface by 3:00 p.m. on July 24; and
Whereas, Following at least two additional explosions it was decided to seal the mine; and
Whereas, On January 2, 1973 the seals were breached and the bodies of the nine victims were recovered; and
Whereas, The names and ages of the nine miners who died in the July 22, 1972 fire at the Blacksville No. 1 mine are:
Terrance Stoneking29
Frederick Phillips42
Conrad Belt34
Billy Murray37
Roy Sisler24
Roy Dalton42
Kenneth Haines21
Robert Tressler32
Justin Beach23
Resolved by the House of Delegates:
That the House of Delegates hereby commemorates the lives of the nine miners who were lost in the July 22, 1972 mine fire at the Blacksville No. 1 Mine in Monongalia County; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the families of those nine miners, members of the rescue teams and the two motormen, Glen Dale and Frank Strakal.
Mr. Speaker, Mr. Thompson, and Delegates Morgan and Craig offered the following resolution, which was read by the Clerk as follows:
H. R. 22 - "Celebrating the life and lamenting the death of Margarette Riggins Leach, former member of the House of Delegates from the County of Cabell, longtime community leader, advocate, public servant, beloved wife, mother and grandmother, and a great asset to her community, State and country."
Margarette Riggins Leach was born to Jason and Lula Riggins on December 4, 1926, in Goodwill, Mercer County. She attended the public schools and graduated from Beaver High School in 1944. Enamored with the idea of service to others, Margarette pursued an early career in nursing, graduating from St. Mary's School of Nursing in 1948. This early vocation stayed with her all of her life, and she became a nurse dedicated to improving the health of all West Virginians.
She was married to Thomas H. Leach for fifty-eight years, and they were the proud parents of two children, Timothy G. Leach of Huntington, and Peggy Joffe of St. Petersburg, Florida, who survive her. She is also survived by a brother and sister-in-law, Jason and Dot Riggins of Chapmanville, two grandchildren, two great grandchildren and many beloved nieces, nephews, grand-nieces and grand-nephews.
Her public service spanned nearly sixty years, and that same vocation and focus of purpose stayed in the forefront of her view as a member of the West Virginia House of Delegates for fourteen years. Margarette was an absolutely stalwart Democrat, and she was first elected to the House in 1992, and was subsequently reelected in 1994, 1996, 1998, 2000, 2002 and 2004, and she quickly rose to a position of influence after being elected in 1998.
Her training and nature made her particularly concerned with health issues, and she sponsored, supported and helped create many programs which provided health care assistance to those without access, including the Children's Health Insurance Program (CHIPS). Near the end of her time with us, she was particularly honored to receive the Leadership Award from the Rural Health Association and to have the Prestera Center for Youth and Families named for her.
Margarette Leach's life revolved around service to her community, whether as a Cub Scout Leader, a nurse or a policy-maker. She was Pack Leader to former Speaker of the House and now Federal Judge Chuck Chambers when he was 8 or 9 years old, as he recalls. As a founder and leader in the Democratic Women's Club, she helped guide him into public office.
A colleague noted that "she never dodged a debate where her personal beliefs or the welfare of children or her district was involved. Foster care and the delivery of medical services to all children were primary interests, and she waded into any discussion on those issues with a ferocious resolve other legislators could not match".
For all the tenacity in the Legislature, there was another side to Margarette Leach. She was an avid supporter of all things Marshall University, both athletic and academic. According to another colleague, her collection of Marshall memorabilia was enormous, and if an item was green and white or said "Marshall" on it, she had to have it. Her home was also noted as being "six rooms of Christmas" and spectacular during the Christmas holidays.
In every aspect of life, Margarette Leach juggled each and succeeded in reaching her goals, and it is the resolved sense of this House of Delegates that the life and death of Margaret Riggins Leach must not go unnoticed; therefore, be it
Resolved by the House of Delegates, the members solemnly assembled:
That the House of Delegates hereby notes the extraordinary and exemplary life of Margarette Riggins Leach, community leader, advocate, and public servant, whose unique talents touched many lives; a woman who loved her family and her beloved Cabell County and West Virginia; that this House collectively rejoices in proclaiming her many accomplishments while solemnly noting her demise, and hereby enrolls her life in the history of the Legislature of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for her surviving husband, Tom; for her son, Tim Leach and his wife, Vickie; and for her daughter, Margaret Joffe and her husband, David; for the Dean of St. Mary's School of Nursing, the principal of Beaver High School, the President of the West Virginia Rural Health Association and the Chief Executive Officer of the Prestera Center.
At the request of Delegate DeLong, and by unanimous consent, reference of the resolution (H. R. 22) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 59), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Ennis, Mahan and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 22) adopted.
Committee Reports
Chairman 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. 4496, Providing for the voluntary transfer of assets from the Teachers' Defined Contribution Retirement System (TDC) to the State Teachers Retirement System (TRS),
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. 4496) was referred to the Committee on Finance.
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4088, Allowing farm equipment dealers to calculate their inventory based on an average of their yearly sales,
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. 4088) was referred to the Committee on Finance.
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
Chairman Talbott, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation,
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. 4482) was referred to the Committee on Finance.
Chairman Kominar, 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. 4091, Relating to insurance coverage for autism,
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. 4091) was referred to the Committee on Finance.
Chairman 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. 4410, Providing a one-time supplement to retirement benefits for certain annuitants and survivor beneficiaries,
And,
H. B. 4471, Making certain changes to the West Virginia State Police Retirement System,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4410 and H. B. 4471) were each referred to the Committee on Finance.
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. 4527, Allowing county commissions to regulate subdivisions and land development without adopting a plan,
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. 4527) was referred to the Committee on Finance.
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. 4384, Expanding the number of members of boards of zoning appeal from five to seven,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 4384) was referred to the Committee on Government Organization.
Chairman Hrutkay, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4487, Excluding a driver's or involved person's social security number from motor vehicle accident reports,
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. 4487) was referred to the Committee on the Judiciary.
Chairman Tucker, from the Committee on Industry and Labor, submitted the following report, which was received:
Your Committee on Industry and Labor has had under consideration:
H. B. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation,
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. 4394) was referred to the Committee on the Judiciary.
Chairman Tucker, from the Committee on Industry and Labor, submitted the following report, which was received:
Your Committee on Industry and Labor has had under consideration:
H. B. 4255, Labor, verifying the legal employment status of workers,
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. 4255) was referred to the Committee on the Judiciary.
Chairman Iaquinta, 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. 4314, Paying for veterans' grave markers where the U. S. government has denied the application of the veteran,
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. 4314) was referred to the Committee on Finance.
Chairman Iaquinta, 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. 4087, Creating the West Virginia Military Family Relief Fund,
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. 4087) was referred to the Committee on Finance.
Chairman Iaquinta, 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. 4013, Requiring the Director of the Division of Veterans' Affairs to establish a healthcare database,
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. 4013) was referred to the Committee on Finance.
Chairman Iaquinta, 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. 3033, Relating to treatment of income derived from federal military or federal police pensions that have been converted to federal civil service system pensions,
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. 3033) was referred to the Committee on Finance.
Chairman Iaquinta, 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. 2196, Providing that United States flags fly at half-mast for three days whenever a state resident soldier is killed by hostile fire or when an in-state law-enforcement officer is killed in the line of duty,
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. 2196) was referred to the Committee on the Judiciary.
Chairman Marshall, from the Committee on Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 3188, Creating a means by which effectiveness of economic development incentives can be measured,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
In the absence of objection, the bill (H. B. 3188) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4129, Establishing a special license for health care professionals who are retired and are donating their expertise in a clinic setting and providing such persons immunity from civil liability,
And,
H. B. 4402, Relating to compulsive gambling,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but first that they be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4129 and H. B. 4402) were each referred to the Committee on the Judiciary.
Chairman Stemple, from the Committee on Agriculture and Natural Resources, submitted the following report, which was received:
Your Committee on Agriculture and Natural Resources has had under consideration:
H. B. 4411, Exempting land-based finfish aquaculture facilities from certain sludge management requirements,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4411) to the Committee on the Judiciary was abrogated.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted,) which was read by its title, as follows:
By Delegates Perdue, Hatfield, Boggs, Campbell, Cann, Fleischauer, Longstreth, Marshall, Moore, Moye, Pino, Rodighiero, Stalnaker, Spencer, Wysong, Ashley, Border, Canterbury, Lane, J. Miller, Rowan and Sumner:

H. C. R. 49 -"Requesting the Joint Committee on Government and Finance to study the impact of allowing adopted persons access to their original birth certificates and allowing birth parents to include contact preference information and medical history information with original birth certificates".
Whereas, There is growing understanding of the need to know one's history, heritage, medical and genealogical data; and
Whereas, Denying adult adopted persons access to information related to their births and adoptions has potentially serious, negative consequences with regard to their physical and mental health; and
W HEREAS , The United States Surgeon General's Office in its Family History Initiative has recognized that biological family history is vital to prevention, early diagnosis and treatment of diseases and conditions for which individuals may be genetically predisposed, such as heart disease, cancer and certain mental health conditions; and
W HEREAS , Many adopted persons believe they are entitled to the same basic information about themselves as people reared in their birth families; and
W HEREAS , Adopted persons are the only individuals who, as a class, are not permitted to routinely obtain their original birth certificates; therefore, be it
Resolved by the West Virginia Legislature:
That the Joint Committee on Government and Finance is hereby requested to study the impact of establishing a process by which an adult adopted person, the child or children of a deceased adopted person or an adopted person judged incompetent by a court of law, or a legal representative of an adopted person may obtain a copy of that person's original unamended and unaltered birth certificate; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider allowing a birth parent to include with the child's original birth certificate a form that indicates whether the parent wishes to be contacted by the child and an updated medical history form.
Further Resolved, That the Joint Committee of Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted), which was read by its title as follows:
By Delegates Perdue, Hatfield, Boggs, Campbell, Cann, Eldridge, Fleischauer, Long,

Longstreth, Marshall, Moye, Pino, Rodighiero, Stalnaker, Spencer, Staggers, Wysong, Ashley, Border, Canterbury, J. Miller, Rowan and Sumner:

H. C. R. 50 - "Requesting the Joint Committee on Government and Finance to study the impact of changing the funding formula for local health department services".
Whereas, West Virginia public health is an important and essential governmental function, which strives to improve community health while also delivering public health services to the residents of West Virginia; and
Whereas, Compared to other states, West Virginia dramatically underfunds public health services; and
W HEREAS , To meet the average of other southern states, funding would have to increase by three hundred percent or by $14 million in each of the next three years for a total of $42 million; and
Whereas, Currently, West Virginia's formula to distribute state funding to local health departments is on a per capita basis; and
W HEREAS , Adopting a new formula would better represent the needs and fiscal capacities of the local health boards; and
W HEREAS , West Virginia has some of the highest rates of preventable diseases such as cancer, diabetes, heart disease and stroke in the nation, costing the state millions of dollars per year; and
Whereas, A new funding formula would allow local boards of health and local health departments to concentrate and develop a higher level of preventive medicine delivery, bringing the rates of these diseases down to the national average and thereby saving State government and private insurers as much as $716 million in costs; and
Whereas, A new system of funding to the States' local health boards and departments for the purposes of developing and delivering additional local health services should be examined to evaluate potential cost savings and disease reduction to the residents of West Virginia; therefore, be it
Resolved by the West Virginia Legislature:
That the Joint Committee on Government and Finance is hereby requested to study the impact of changing the funding formula for local health department services; and, be it
Further Resolved, That, as part of the study, the Joint Committee on Government and Finance should emphasize the importance in reducing preventable diseases in West Virginia; and, be it
Further Resolved, That, as part of the study, the Joint Committee on Government and Finance should examine the supportive services and funding of the Department of Health and Human Resources' Bureau for Public Health as they relate to local boards of health and the provision of basic public health services; and, be it
Further Resolved, That the Joint Committee of Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3056, Authorizing pharmacists to administer immunizations,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3056 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-30, relating to authorization for pharmacists to administer immunizations, setting forth limitations on those immunizations as to type of immunizations and age of the recipient; establishing training requirements, establishing reporting requirements; providing rule making authority and requiring annual reporting to the West Virginia Board of Pharmacy,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3056) to the Committee on the Judiciary was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4304, Revised Anatomical Gift 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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4304) was referred to the Committee on the Judiciary.
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. 298 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of the definition of imminent danger to the physical well-being of the child with regard to child abuse and neglect to include alcohol and substance abuse on the part of the parent or parents, custodian or custodians, or guardian or guardians"; 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. 481 - "A Bill to amend and reenact §27-5-2 of the Code of West Virginia, 1931, as amended, relating to authority of physician assistants to conduct examinations in the mental health hygiene process"; 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
S. B. 627 - "A Bill to amend and reenact §61-6-24 of the Code of West Virginia, 1931, as amended, relating to clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act"; which was referred to the Committee on Veterans Affairs and Homeland Security then the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Caputo (By Request), Longstreth, Fragale, Iaquinta, Miley, Manchin and Cann:

H. B. 4528 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating generally to driving under the influence; requiring mandatory community service for persons convicted of driving under the influence of alcohol, controlled substances or drugs; setting forth a registry of persons convicted to be maintained by the West Virginia State Police"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Ellem, Anderson, Border, Carmichael, Lane, C. Miller, Sumner, Schoen, Andes and Azinger:

H. B. 4529 - "A Bill to amend and reenact §29-22B-508 of the Code of West Virginia, 1931, as amended, relating to video lottery licensing suspension"; to the Committee on the Judiciary then Finance.
By Delegates Morgan, Martin, Higgins, Palumbo and Long:

H. B. 4530 - "A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating to licenses to practice medicine and surgery or podiatry; providing for a period of ten years for applicants to pass all steps of the licensing examination; requiring applicants who fail to pass any step of the licensing examination in three attempts to appear before the board for a determination as to any further necessary prerequisites for licensure; and removing language authorizing the granting of licenses under extraordinary circumstances"; to the Committee on Government Organization.
By Delegates Armstead, Tansill, Ireland, Romine, Schoen, Andes, Porter, Canterbury, Schadler, Walters and Duke:

H. B. 4531 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d, relating to illegal aliens not afforded resident tuition rates at state institutions of higher education"; to the Committee on Education then Finance.
By Delegates Longstreth, Kominar, Ashley and Pino:

H. B. 4532 - "A Bill to amend and reenact §59-1-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the sheriff to assess a fee for conducting drug screens for the Department of Health and Human Resources and to expend the money for any of the sheriff's programs"; to the Committee on Political Subdivisions then Finance.
By Delegates Stemple, Browning, Crosier, Webster, Kominar, White, Perry, Argento, Varner, Guthrie and Mahan:

H. B. 4533 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-30, relating to exempting law-enforcement officers on official duty from paying tolls on the West Virginia Turnpike"; to the Committee on Roads and Transportation then Finance.
By Delegates Hartman, Perry, Shaver and Michael:

H. B. 4534 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to a five hundred dollar credit against personal income tax for the purchase of new wood and pellet stoves; establishing the performance criteria of those stoves; and a yearly two hundred fifty dollar tax credit for the purchase of pellets"; to the Committee on Finance.
By Delegate Blair:

H. B. 4535 - "A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended, relating to the allocation of responsibility under a parenting plan for a child; and adding that if a parent has made two or more unsubstantiated or false reports of domestic violence or child abuse, then, upon the request of either parent, the court may determine if limitations should be imposed"; to the Committee on the Judiciary.
By Delegates Overington, Shook, Brown and Rowan:

H. B. 4536 - "A Bill to amend and reenact §19-20-3 of the Code of West Virginia, 1931, as amended, relating to requiring registration as kennel by persons who maintain twenty or more adult dogs or cats"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Armstead, Carmichael, Sobonya, C. Miller, Blair, Sumner, Border, Lane, Ellem, Tansill and J. Miller:

H. B. 4537 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-29, relating to prohibiting the lottery from using minors in advertising during school hours"; to the Committee on the Judiciary.
By Delegate Andes:

H. B. 4538 - "A Bill to amend and reenact §16-2I-7 and §16-2I-9 of the Code of West Virginia, 1931, as amended, all relating to requiring physicians and medical institutions to report where abortions have been performed due to perceived congenital defects of fetuses; providing a civil penalty for failure to report an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Paxton:

H. B. 4539 - "A Bill to amend and reenact §18-2-13f of the Code of West Virginia, 1931, as amended, relating to continuing contract status for teachers established and dismissal and suspension procedures"; to the Committee on Education.
By Delegate Boggs:

H. B. 4540 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-1A-101, §48-1A-201, §48-1A-301, §48-1A-401, §48-1A-501, §48-1A-601, §48-1A-701, §48-1A-801, §48-1A-901 and §48-1A-1001, all relating to the uniform premarital agreement act; defining terms; setting forth requirements and content of agreement; providing for the effect, amendment, revocation and enforcement of such agreements; establishing statute of limitations, application and construction of an article; and setting forth short title"; to the Committee on the Judiciary.
By Delegates Blair, Duke, J. Miller and Overington:

H. B. 4541 - "A Bill to amend and reenact §7-1-3mm of the Code of West Virginia, 1931, as amended, relating to providing that transfer of development rights are renewable; making the rights transferred be for twenty years and a reversion of twenty years; and authorizing the county commission to stagger the time rights transferred"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Blair:

H. B. 4542 - "A Bill to amend and reenact §29-22B-702 and §29-22B-1102 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the placement of automated teller machines in establishments that contain video lottery terminals and allowing only fraternal and veteran's organizations to reapply for permits to operate video lottery terminals"; to the Committee on Finance.
By Delegates Long, Frederick, Crosier, Browning, Burdiss and Moore:

H. B. 4543 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to appointing an additional circuit court judge to the ninth judicial circuit"; to the Committee on the Judiciary then Finance.
By Delegate Lane:

H. B. 4544 - "A Bill to repeal §29-22B-1108 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22B-1102 and §29-22B-1107 of said code, all relating to the eradication of limited video lottery after the thirtieth day of June, two thousand eleven"; to the Committee on the Judiciary then Finance.
By Delegates Blair, Overington and J. Miller:

H. B. 4545 - "A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931, as amended, relating to permitting the owners of newly constructed homes a grace period of ten years, unless the home is sold, before a connection to a newly installed sewer line is mandatory"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, White, Boggs, Webster, Hatfield, DeLong, Campbell, Mahan, Hamilton, Michael and Morgan:

H. B. 4546 - "A Bill to amend and reenact §5-16-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-16B-11; to amend and reenact §9-5-15 of said code; to amend said code by adding thereto a new article, designated §16- 29J-1, §16-29J-2, §16-29J-3, §16-29J-4 and §16-29J-5; and to amend said code by adding thereto a new section, designated §33-4-1a, all relating to protecting prescriber identifiable information in the same manner as individually identifiable health information"; to the Committee on the Judiciary.
By Delegates Schoen, Schadler, Duke, Ellem, Walters, Porter, Tansill, Canterbury, Rowan and Sumner:

H. B. 4547 - "A Bill to amend and reenact §21-1B-1, §21-1B-2, §21-1B-3, §21-1B-4 and §21-1B-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-1B-3a, all relating to the legal employment status of West Virginia workers"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates D. Poling, Staggers, Hrutkay, Ellem, Hamilton, Klempa, Shook, Martin, Morgan, Walters and Fragale:

H. B. 4548 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3, §21-1D-4, §21-1D-5, §21-1D-6, §21-1D-7, §21-1D-8 and §21-1D-9, all relating to the West Virginia Alcohol and Drug-Free Workplace Act; definitions; statement of policy; requiring public improvement contractors to have and implement a drug-free workplace program that requires drug and alcohol testing; requiring a drug-free workplace policy to be posted at a public improvement construction site; requiring drug- free workplace records and contents be open for inspection; penalties; and providing that this article shall only apply to contracts awarded after this article takes effect"; to the Committee on the Judiciary.
By Delegates Blair, Overington, Schadler, Andes, Porter, Border, Anderson and J. Miller:

H. B. 4549 - "A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to providing an exemption from workers' compensation in certain circumstances for volunteer fire departments"; to the Committee on the Judiciary.
By Delegate Spencer:

H. B. 4550 - "A Bill to amend and reenact §16-5V-2, §16-5V-6, §16-5V-8, §16-5V-9, §16- 5V-10, §16-5V-14, §16-5V-18, §16-5V-19, §16-5V-25 and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System; adding and modifying definitions; specifying that members hired after the effective date of this plan are members of the plan as a condition of employment; clarifying language relating to the participation of public employers in this plan; clarifying language relating to the transfer of Public Employees Retirement System service credit and reinstatement of service as an emergency medical services officer; specifying the date on which contributions are due the fund and providing for delinquency fees for late payments; clarifying language relating to purchase of prior service and providing for delinquency fees for late payments; making a correction to the heading in section ten of this article; eliminating minimum required eligible direct rollover distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two hundred dollars within the definition of eligible rollover distributions; clarifying the language relating to the benefit awarded for a duty disability; adding provisions for the payment of additional death benefits; clarifying language relating to the effective date for receipt of a duty disability benefit; and making a correction to the time period for which the Joint Committee on Government and Finance shall conduct an interim study on the potential effects of the implementation of this plan"; to the Committee on Pensions and Retirement then Finance.
By Delegates White and Doyle:

H. B. 4551 - "A Bill to repeal §11-15B-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-2b, §11-15B-10, §11-15B-11, §11-15B-12, §11-15B-14, §11-15B-14a, §11-15B-15, §11-15B-18, §11-15B-19, §11-15B-20, §11-15B-24, §11-15B-25, §11-15B-26, §11-15B-27, §11-15B-28, §11-15B-30 and §11-15B-32 of said code, all relating to Streamlined Sales and Use Tax Agreement and the West Virginia Consumers Sales and Service Tax and Use Tax; defining terms; specifying applicable dates; adopting current terminology; deleting superseded terminology; specifying procedures; deleting redundant language; providing relief from liability in specified circumstances; specifying certain sourcing rules; specifying interpretation; making typographical corrections; specifying discovery criteria; specifying monetary allowance criteria; specifying effective date"; to the Committee on Finance.
By Delegates Webster, Browning, Andes, Manchin, Pino, Palumbo and Fleischauer:

H. B. 4552 - "A Bill to amend and reenact §24-3-2 of the Code of West Virginia, 1931, as amended, relating to water utility rates"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 4553 - "A Bill to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to authorizing a part-time prosecuting attorney to request the State Auditor's opinion regarding whether a county has sufficient funding to employ a full-time prosecuting attorney; authorizing the part-time prosecuting attorney to elect to be a full-time prosecuting attorney if the State Auditor determines there is sufficient funding; and providing a salary"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates D. Poling, Caputo, Fragale, Stephens, Moye and Longstreth:

H. B. 4554 - "A Bill to amend and reenact §18-2-5 of the Code of West Virginia, 1931, as amended, relating to testing school bus operators every other year"; to the Committee on Education.
By Delegates Kessler, Burdiss, Gall, Ellis and Reynolds:

H. B. 4555 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-6-5e, relating to banks and other lending institutions not permitted to increase loan interest rates due to the failure of the borrower in paying any other nonrelated debt"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Eldridge, Ellis, Barker, Rodighiero, Hrutkay, Shaver, Reynolds, Boggs and Argento:

H. B. 4556 - "A Bill to amend and reenact §60-3-9d of the Code of West Virginia, 1931, as amended, relating to increasing the tax on purchases of intoxicating liquors outside corporate limits of municipalities from five percent to six percent, with the increase being deposited into the Regional Jail Operations Partial Reimbursement Fund for distribution to counties"; to the Committee on the Judiciary then Finance.
By Delegates Ashley, Azinger, Hamilton, Hartman, Kominar and Michael:

H. B. 4557 - "A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to continuing education for individual insurance producers; and providing for carry-over of hours of continuing education into the following biennial reporting period"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates DeLong, Paxton, Kominar, Caputo, Campbell, Webster, Long, White, Perdue and Proudfoot:

H. B. 4558 - "A Bill to amend and reenact §33-16D-2 of the Code of West Virginia, 1931, as amended, relating to changing the definition of small employer to include the self-employed"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Wells:

H. B. 4559 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-38, relating to providing nonsupervisory employees of the West Virginia State Board of Education with the same protections against summary dismissal as are applicable to employees of county boards of education through continuing contracts and dismissal for cause"; to the Committee on Education then the Judiciary.
By Delegates Fleischauer, Iaquinta, Longstreth, Yost, Hutchins, Stephens, Burdiss, Staggers, Marshall and Hatfield:

H. B. 4560 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-1-16, relating to the Division of Veterans Affairs"; to the Committee on Veterans Affairs and Homeland Security then Government Organization.
By Delegates Fleischauer, Iaquinta, Longstreth, Hutchins, Stephens, Yost, Burdiss, Staggers, Marshall and Hatfield:

H. B. 4561 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-1I-6, relating to the Veterans Memorial; Veterans to be included"; to the Committee on Veterans Affairs and Homeland Security then Finance.
By Delegates Mahan, Stemple, Long, Craig, Browning and Guthrie:

H. B. 4562 - "A Bill to amend and reenact §5-10-15b of the Code of West Virginia, 1931, as amended, relating to allowing retiring public employees to have credit for similar service out-of-state to meet eligibility requirements for retirement purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Webster, Proudfoot, DeLong, Fragale, Caputo, Moore, Guthrie, Brown, Fleischauer, Mahan and Miley:

H. B. 4563 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-2a; to amend and reenact §38-1-3 and §38-1-4 of said code; to amend and reenact §38-1A-3 of said code; and to amend and reenact §44-14-1 of said code, all relating to updating the foreclosure process on trust deeds; including procedures for foreclosure on bank and nonbank loans and right of reinstatement; fiduciary duties of trustees owed to both parties; information required to be on notice of sale; requiring all sales to be under supervision of a resident of the state; substitute trustees; and eligibility of trustees"; to the Committee on the Judiciary.
By Delegates Paxton, Caputo, DeLong, Stephens and Moye:

H. B. 4564 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to school service personnel"; and increasing the pay grade of cafeteria managers; to the Committee on Education then Finance.
By Delegates D. Poling, Hamilton and Williams:

H. B. 4565 - "A Bill to amend and reenact §47-11A-6 of the Code of West Virginia, 1931, as amended, relating to how cost is determined in retail businesses"; to the Committee on the Judiciary.
By Delegates J. Miller and Cowles:

H. B. 4566 - "A Bill to amend and reenact §11-21-8 of the Code of West Virginia, 1931, as amended, relating to tax credits"; to the Committee on Finance.
By Delegates Stalnaker, Cann, Fragale, Caputo and DeLong:

H. B. 4567 - "A Bill to amend and reenact §20-5-16 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Division of Natural Resources to enter into contracts granting long-term usage and related rights and privileges to third parties sufficient to attract private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park; and directing the Director of the Division of Natural Resources to file emergency and legislative rules governing any such long-term usage contracts and related rights and privileges"; to the Committee on Finance.
By Delegates Ennis, Swartzmiller, Pethtel, Varner, Yost, Perdue, Hatfield, Ashley, DeLong and Border:

H. B. 4568 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; and to amend said code by adding thereto a new section, designated §33-25A- 8i, all relating to requiring accident and sickness insurance providers and health maintenance organizations to cover the treatment for Lyme disease"; to the Committee on the Judiciary.
By Delegates Stephens, Hatfield, Long and Mahan:

H. B. 4569 - "A Bill to amend and reenact §30-5-2 of the Code of West Virginia, 1931, as amended, relating to limiting members of the Board of Pharmacy to two full terms"; to the Committee on Government Organization.
By Delegates Stemple, Mahan, Browning, Proudfoot, Long, Perry, Hrutkay, Varner and Webster:

H. B. 4570 - "A Bill to amend and reenact §31-20-27a of the Code of West Virginia, 1931, as amended, relating to authorizing regional jail employees to carry a firearm after receiving appropriate certification; and expanding their arrest authority"; to the Committee on the Judiciary.
By Delegates Campbell, Crosier, Canterbury, J. Miller, Miley, Beach, Moye and DeLong:

H. B. 4571 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction; and remedies"; to the Committee on the Judiciary.
By Delegates Boggs and White:

H. B. 4572 - "A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931, as amended, relating to the crime victims compensation program; allowing awards under the crime victims compensation program to be made to victims of identity theft; and definitions"; to the Committee on the Judiciary then Finance.
By Delegate Michael:

H. B. 4573 - "A Bill to amend and reenact §30-18-1, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 and §30-18-13 of the Code of West Virginia, 1931, as amended; and to further amend said article by adding thereto three new sections, designated §30-18-4a, §30-18-7a and §30-18-14, all relating to the licensing of private investigators and security guards; registration of private investigative and security guard employees; exemption for federal and federally trained officers; prohibited acts; penalties for late registration; and fees and charges for services of the Secretary of State"; to the Committee on the Judiciary.
By Delegate Spencer:

H. B. 4574 - "A Bill to amend and reenact §5-10A-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-10D-1 of said code; and to amend said code by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §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, §5-10E-31, §5-10E-32 and §5-10-33, all relating to the Consolidated Public Retirement Board; providing that the board administer the Division of Corrections Retirement System; establishing the Division of Corrections Retirement System; setting forth definitions including application of honorable service condition to plan participants; providing effective dates and voting requirement; establishing federal qualification requirements; providing for liberal construction; providing that plan is not a substitute for social security; providing for and setting membership standards; setting forth required contributions from members and employers; creating fund and providing for investments; providing for transfer from Public Employees Retirement System; setting time limits; setting forth notice requirements; providing for the commencement of benefits, federal law maximum benefit limitations, minimum required distributions and direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for retirement benefits; setting forth annuity options; providing for refunds in certain circumstances; providing for deferred retirement; providing for forfeitures of benefits; providing awards and benefits for duty-related disability and for other causes; requiring physical examinations; establishing criteria for termination of disability; providing for prior disability; providing awards and benefits to surviving spouse and additional death benefits and scholarships for dependent children; providing for burial benefit; prohibiting double death benefits; establishing exemption from taxation, garnishment and other process; authorizing certain deductions; establishing the effect of qualified domestic relation orders; prohibiting fraud; establishing criminal penalties; requiring repayment in certain circumstances; providing for treatment of prior military service; establishing effective date of the system; providing voluntary employer participation; establishing starting date for benefits; and providing for no forfeiture of benefits if system terminates"; to the Committee on Pensions and Retirement then Finance.
Special Calendar
Third Reading
S. B. 258, Repealing outdated code provisions relating to Huttonsville Correctional Center; 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. 60), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Ennis and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 258) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 262, Repealing outdated code provisions relating to Denmar State Hospital; 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. 61), and there were--yeas 98, nays none absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Ennis and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 262) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 4150, Requiring the purchasing of American-made flags with state funds; 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. 62), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Ennis and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4150) 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. 257, Repealing outdated penitentiary code provisions; on second reading, coming up in regular order, was read a second time and ordered to third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4389, Removing requirement that resident violators of traffic laws be required to sign citations,
H. B. 4464, Adding more exemptions to the requirement that a foreign corporation obtain a certificate of authority before conducting affairs in the state,
H. B. 4465, Relating to fees charged by the Secretary of State,
H. B. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work,
And,
H. B. 4513, Relating to the reimbursement of costs for newborn screenings.
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. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies,
And,
Com. Sub. for H. B. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day were granted Delegates Ennis and Mahan.
Remarks of Members
Delegate Overington asked and obtained unanimous consent that the remarks of Delegate Blair regarding the business climate in West Virginia for the average worker be printed in the Appendix to the Journal.
Miscellaneous Business
Delegate Klempa noted to the Clerk that he was absent on yesterday when the votes were taken on Roll Nos. 55 through 58 , and that had he been present, he would have voted "Yea" thereon.
At 12:12 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 15, 2008.