__________*__________
Thursday, February 12, 2009
SECOND 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 11, 2009, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the introduction of resolutions.
Resolutions Introduced
Delegates M. Poling and Paxton offered a resolution, which was read by the Clerk as follows:
H. R. 6 - "Recognizing the West Virginia Civics Literacy Council and Civic Literacy Day."
Whereas, Thursday, February 12, 2009, is the 200th Birthday of the 16th President of the
United States, Abraham Lincoln, who is responsible for the creation of the state of West Virginia and
should be a day for all West Virginians to reflect on their responsibilities as citizens of this great State; and
Whereas, The House of Delegates urged the creation of the West Virginia Literacy Council
with the passage of House Resolution 33 on March 8, 2007, to promote civic education and
citizenship among West Virginia's youth and young adults; and
Whereas, Governor Joe Manchin III, has encouraged all West Virginians to "join in
honoring the visionary efforts of our ancestors, and in this spirit of patriotism rededicate ourselves
to the great ideals that motivated our Nation's founding fathers"; and
Whereas, The Council works to advance civic knowledge about the Constitution of the
United States and our nation's history, encourages civic participation in voting, serving on juries and
other duties of citizenship, and promotes the learning and practice of leadership skills required to
build stronger communities through effective governance, service and volunteerism; and
Whereas, The members of the West Virginia Civics Literacy Council, the West Virginia
League of Women Voters, the West Virginia Humanities Council, the West Virginia School
Superintendents Association, the West Virginia Education Association, the West Virginia Federation
of Teachers, the West Virginia Professional Educators Association, the West Virginia Campus
Compact, the West Virginia Commission for National and Community Service, the West Virginia
Library Commission, the Hi-Y Leadership Center, the West Virginia Center for Civic Life, the West
Virginia Higher Education Policy Commission, the West Virginia Bar Foundation, the West Virginia
Board of Education, the West Virginia School Board Association are all assessing the status of civics
education in West Virginia, compiling an inventory of civic engagement opportunities, and
supporting the implementation of civic literacy as part of the 21st century skills initiative; therefore,
be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the importance of the West Virginia Civics
Literacy Council and Civic Literacy Day; and, be it
Further Resolved, That civic literacy is the responsibility of everyone in our communities as democracy is reborn in each new generation and that nurturing a new generation of citizens is one
of the central missions of public education and state government; and, be it
Further Resolved, That the House of Delegates encourages the West Virginia Civics Literacy
Council to continue and increase its efforts to expand civic literacy programs and activities within
the state's public school system and to work with interested individuals and groups in enhancing civic
education and understanding for all West Virginia citizens; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for the West Virginia Civics Literacy Council.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 6) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Delegates Schadler, Evans and Rowan offered the following resolution, which was read by
the Clerk as follows:
H. R. 7 - "Recognizing the considerable contributions of Nancy Hanks, mother of
Abraham Lincoln and native West Virginian."
Whereas, Thursday, February 12, 2009, is the 200th Birthday of the 16th President of the
United States, Abraham Lincoln, who is responsible for the creation of the state of West Virginia;
and
Whereas, Mineral County, West Virginia, has long been recognized as the birthplace of
Nancy Hanks; and
Whereas, Joseph Hanks married Ann Lee (a distant relative of Richard Lee, father of
Robert E. Lee), and that marriage bore nine children, one of whom was Lucy Hanks; and
Whereas, While residing on a parcel of property consisting of 108 acres located on
Mikes Run in Mineral County, West Virginia, at a time believed to be not earlier than June 12,
1783, nor later than June 11, 1784, Lucy Hanks bore a child named Nancy Hanks; and
Whereas, In 1806 Nancy Hanks married Thomas Lincoln and on February 12, 1809, gave birth to Abraham Lincoln; and
Whereas, Nancy Hanks Lincoln died in 1818 at which time Abraham Lincoln was just
nine years of age. In recognition of an important but often unrecognized individual who had a
significant impact upon the history of this country, President Lincoln stated, "God bless my
mother; all that I am or ever hope to be I owe to her"; and
Whereas, In 1929 a special commission identified as the Nancy Hanks Commission was
appointed by West Virginia Governor William G. Conley to investigate the authenticity of the
location of the birthplace of Nancy Hanks, and in its final report adopted the findings of Dr.
William E. Barton of Foxboro, Massachusetts, a leading historian on Abraham Lincoln, as the
best evidence on the nativity of Nancy Hanks; and
Whereas, The findings and conclusions of the Nancy Hanks Commission recognized and
officially adopted as factual and historical evidence Dr. Barton's findings that the actual
birthplace of Nancy Hanks was, in fact, located within the State of West Virginia; and
Whereas, On November 5, 2008, the members of the Mineral County Historical Society
adopted a resolution declaring and proclaiming that Mineral County, West Virginia, is the
birthplace of Nancy Hanks Lincoln and on November 20, 2008, a similar resolution was adopted
by the Mineral County Historic Landmarks Commission; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby concurs with the resolution adopted by the Mineral
County Historical Society and the Mineral County Historic Landmarks Commission and does
thus declare and proclaim that Mineral County, West Virginia, is the birthplace of Nancy Hanks
Lincoln; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare and mail a certified
copy of this resolution to the Mineral County Commission, the Mineral County Historical Society
and the Mineral County Historic Landmarks Commission.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 7) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Messages from the Executive
The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
February 10, 2009
The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305
The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305
Gentlemen:
In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of
all of the proposed legislative rules which have been submitted to and acted upon by the
Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code,
§29A-3-11, and which have not previously been submitted to the Legislature for study.
Also, attached is a report listing all of the proposed legislative rules considered by the
Committee, and setting forth the recommendations of the Committee with respect to the proposed
legislative rules. This letter also serves as a statement that a separate bill authorizing the
promulgation of each proposed legislative rule has been drafted by the staff of the Legislative
Rule-Making Review Committee.
In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member
to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative
Rule-Making Review Committee, are requesting that, the names of all Committee members be placed upon the draft bills as sponsors in their respective houses.
Thank you for your cooperation.
Sincerely,
Joseph Minard
Senate
Bonnie Brown
House of Delegates
Whereupon,
Mr. Speaker, Mr. Thompson, presented the report of the Legislative Rule-Making Review
Committee in accordance with section twelve, article three, chapter twenty-nine of the code,
which was read by the Clerk, and the accompanying rules were referred as follows:
February 4, 2009
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the
Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the
form approved by the Committee, authorizing each of the proposed legislative rules below as
submitted or as modified, has been drafted by the staff of the Legislative Rule-Making Review
Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the Legislature with the
recommendation that the proposed rules be authorized for promulgation by the respective
agencies as submitted:
Administration, WV Department of
Purchasing Division, 148CSR1 [H. B. 2151].
Agriculture, WV Department of
Schedule of Charges for Inspection Services: Fruit, 61CSR8B [H. B. 2152].
Architects, WV Board of
Fees for Registration of Architects, 2CSR3 [H. B. 2153].
Consolidated Public Retirement Board
General Provisions, 162CSR1 [H. B. 2154].
Consolidated Public Retirement Board
Public Employees Retirement System, 162CSR5 [H. B. 2155].
Consolidated Public Retirement Board
Refund, Reinstatement, Retroactive Service, and Loan Interest Factors, 162CSR7
[H. B. 2156].
Consolidated Public Retirement Board
Service Credit for Accrued and Unused Sick and Annual Leave, 162CSR8 [H. B.
2157].
Consolidated Public Retirement Board
West Virginia State Police, 162CSR9 [H. B. 2158].
DEP - Air Quality
Permits for Construction, Modification, Relocation and Operation of Stationary
Sources of Air Pollutants, Notification Requirements, Administrative Updates,
Temporary Permits, General Permits, Permission to Commence Construction, and
Procedures for Evaluation, 45CSR13 [H. B. 2159].
DEP - Air Quality
Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 2160].
DEP - Air Quality
Control of Air Pollution From Hazardous Waste Treatment, Storage and Disposal
Facilities, 45CSR25 [H. B. 2161].
DEP - Air Quality
Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 2162].
DEP - Air Quality
Mercury Budget Trading Program to Reduce Mercury Emissions, 45CSR37 [H. B.
2163].
DEP - Secretary's Office
Voluntary Remediation and Redevelopment Rule, 60CSR3 [H. B. 2164].
DEP - Water Resources
State Water Pollution Control Revolving Fund, 47CSR31 [H. B. 2165].
Ethics Commission, WV
Filing of Verified Time Records, 158CSR14 [H. B. 2166].
Ethics Commission, WV
Voting, 158CSR9 [H. B. 2167].
Labor, WV Division of
Packaging and Labeling, 42CSR10 [H. B. 2168].
Labor, WV Division of
Method of Sale of Commodities, 42CSR11 [H. B. 2169].
Labor, WV Division of
West Virginia Manufactured Housing Construction and Safety Standards Board,
42CSR19 [H. B. 2170].
Labor, WV Division of
Weights and Measures Calibration Fees, 42CSR26 [H. B. 2171].
Natural Resources, WV Division of
Boating Rules, 58CSR25 [H. B. 2172].
Natural Resources, WV Division of
Deer Hunting Rules, 58CSR50 [H. B. 2173].
Natural Resources, WV Division of
Lifetime Hunting, Trapping and Fishing Licenses, 58CSR67 [H. B. 2174].
Social Work Examiners, WV Board of
Fee Schedule, 25CSR3 [H. B. 2175].
Tax Department, WV State
Repeal of Valuation of Intangible Personal Property Including Stock, Accounts
Receivable and Stock in Banks and Capital of Savings and Loan Associations,
110CSR1L [H. B. 2176].
Tourism, WV Division of
Direct Advertising Grants Program, 144CSR1 [H. B. 2177].
The Committee submits to the Legislature the following proposed rules which were
modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and
which were approved by the Committee with the modifications with the recommendation that the
proposed rules be authorized for adoption by the respective agencies as modified:
Accountancy, WV Board of
Board Rules and Rules of Professional Conduct, 1CSR1 [H. B. 2178].
Administration, WV Department of
Parking, 148CSR6 [H. B. 2179].
Administration, WV Department of
Rules and Regulations for Fair Market Price Determination, 186CSR1 [H. B.
2180].
Administration, WV Department of
Rules and Regulations Statewide Contract, 186CSR3 [H. B. 2181].
Administration, WV Department of
Rules for Qualifications for Participation, 186CSR4 [H. B. 2182].
Agriculture, WV Department of
Animal Disease Control, 61CSR1 [H. B. 2183].
Agriculture, WV Department of
Disposal of Dead Poultry, 61CSR1C [H. B. 2184].
Agriculture, WV Department of
Commercial Feed, 61CSR5 [H. B. 2185].
Architects, WV Board of
Registration of Architects, 2CSR1 [H. B. 2186].
Consolidated Public Retirement Board
Deputy Sheriff Retirement System, 162CSR10 [H. B. 2187].
Consolidated Public Retirement Board
Benefit Determination and Appeal, 162CSR2 [H. B. 2188].
Consolidated Public Retirement Board
Teachers' Retirement System, 162CSR4 [H. B. 2189].
Deaf and Hard of Hearing, WV Commission for the
Establishment of Required Qualifications and Ethical Standards for Interpreters
and Transliterators, 192CSR3 [H. B. 2190].
Dental Examiners, WV Board of
Rules for the West Virginia Board of Dental Examiners, 5CSR1 [H. B. 2191].
Dental Examiners, WV Board of
Formation and Approval of Dental Corporations, 5CSR6 [H. B. 2192].
DEP - Air Quality
Permits for Construction and Major Modification of Major Stationary Sources of
Air Pollution for the Prevention of Significant Deterioration, 45CSR14 [H. B.
2193].
DEP - Air Quality
Ambient Air Quality Standards, 45CSR8 [H. B. 2194].
DEP - Waste Management
Hazardous Waste Management System, 33CSR20 [H. B. 2195].
DEP - Waste Management
Assessment of Civil Administrative Penalties, 33CSR22 [H. B. 2196].
DEP - Waste Management
Hazardous Waste Management Fee, 33CSR24 [H. B. 2197].
DEP - Water Resources
Environmental Laboratories Certification and Standards of Performance,
47CSR32 [H. B. 2198].
DEP - Water Resources
Dam Safety Rule, 47CSR34 [H. B. 2199].
DEP - Water Resources
Assessment of Civil Administrative Penalties, 47CSR56 [H. B. 2200].
Ethics Commission, WV
Employment Exemptions, 158CSR11 [H. B. 2201].
Ethics Commission, WV
Lobbying, 158CSR12 [H. B. 2202].
Ethics Commission, WV
Purchase, Sale or Lease of Personal Property, 158CSR3 [H. B. 2203].
Ethics Commission, WV
Interest in Public Contracts, 158CSR8 [H. B. 2204].
Health, WV Bureau for Public
Licensure of Medical Adult Day Care Centers, 64CSR2 [H. B. 2205].
Health, WV Bureau for Public
Public Water Systems, 64CSR3 [H. B. 2206].
Health, WV Bureau for Public
Tuberculosis Testing, Control, Treatment and Commitment, 64CSR76 [H. B.
2207].
Human Services, WV Division of
Child Care Center Licensing, 78CSR1 [H. B. 2208].
Insurance Commission, WV
Continuing Education for Individual Insurance Producers, 114CSR42 [H. B.
2209].
Insurance Commission, WV
Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities
and Nonforfeiture Values, 114CSR86 [H. B. 2210].
Labor, WV Division of
Standards for Weights and Measures Inspectors Adoption of National Conference
of Weights and Measures (NCWM) Handbook 130, 1987, Edition, 42CSR16 [H. B.
2211].
Labor, WV Division of
Amusement Rides and Attractions Safety Act, 42CSR17 [H. B. 2212].
Labor, WV Division of
Elevator Safety Act, 42CSR21 [H. B. 2213].
Medicine, WV Board of
Definition of Surgery, 11CSR10 [H. B. 2214].
Medicine, WV Board of
Licensure, Disciplinary and Complaint Procedures, Continuing Education,
Physician Assistants, 11CSR1B [H. B. 2215].
Medicine, WV Board of
Establishment and Regulation of Restricted License Issued to an Applicant in
Extraordinary Circumstances, 11CSR2 [H. B. 2216].
Motor Vehicles, WV Division of
Denial, Suspension, Revocation, Restriction or Nonrenewal of Driving Privileges,
91CSR5 [H. B. 2217].
Motor Vehicles, WV Division of
Collection on the Tax on the Sale of a Vehicle, 91CSR9 [H. B. 2218].
Natural Resources, WV Division of
Hunting, Trapping and Fishing License and Stamp Fees, 58CSR71 [H. B. 2219].
Personnel, WV Division of
Reimbursement of Compensation Paid to State Employees for Training, Education
and Professional Development, 143CSR8 [H. B. 2220].
Physical Therapy, WV Board of
General Provisions, 16CSR1 [H. B. 2221].
Regional Jail and Correctional Facility Authority, WV
Criteria and Procedures for Determination of Projected Cost Per Day for Inmates
Incarcerated in Regional Jails Operated by the Authority, 94CSR7 [H. B. 2222].
Registered Professional Nurses, WV Board of Examiners for
Policies, Standards and Criteria for the Evaluation and Accreditation of Colleges,
Departments or Schools of Nursing, 19CSR1 [H. B. 2223].
Registered Professional Nurses, WV Board of Examiners for
Limited Prescriptive Authority for Nurses in Advanced Practice, 19CSR8 [H. B.
2224].
Rehabilitation Services, WV Division of
Low Vision Driver Training Program, 130CSR3 [H. B. 2225].
Respiratory Care, WV Board of
Student Temporary Permits, 30CSR9 [H. B. 2226].
Secretary of State
Administration of the Address Confidentiality Program, 153CSR37 [H. B. 2227].
Tax Department, WV State
Combined Returns Pursuant to an Investigation by the Tax Commissioner,
110CSR10K [H. B. 2228].
Tax Department, WV State
Film Industry Investment Tax Credit, 110CSR13X [H. B. 2229].
Tax Department, WV State
Electronic Filing and Payment of Special District Excise Tax, 110CSR39 [H. B.
2230].
Tax Department, WV State
Withholding or Denial of Personal Income Tax Refunds from Taxpayers Who Owe
Municipal Costs, Fines, Forfeitures, or Penalties, 110CSR40 [H. B. 2231].
Tax Department, WV State
Exchange of Information agreement Between the State Tax Division and the
Department of Health and Human Resources Office of the Inspector General
Medicaid Fraud Control Unit, 110CSR50E [H. B. 2232].
Veterinary Medicine, WV Board of
Schedule of Fees, 26CSR6 [H. B. 2233].
Petitions
Mr. Speaker, Mr. Thompson, presented a resolution on behalf of the Concord University
Classified Employee Council, in opposition to the PEIA proposed increases; which was referred
to the Committee on Banking and Insurance; which was referred to the Committee on Finance.
Delegates Caputo, Longstreth and Manchin presented a petition on behalf of their
constituents, opposing the Allegheny Energy's proposed transmission power line through
northern West Virginia; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business; which was referred to the Committee on Energy,
Industry and Labor, Economic Development and Small Business.
Delegate Williams presented a petition on behalf of his constituents, requesting legal
authorities assign juveniles who have committed crimes of lesser degrees to perform at least fifty
hours of community service; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2151 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Administration to
promulgate a legislative rule relating to the Purchasing Division"; to the Committee on Finance
then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2152 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to a schedule of charges for inspection services: fruit"; to
the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2153 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a
legislative rule relating to the fees for registration of architects"; to the Committee on
Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2154 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions"; to the Committee on Finance then
the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2155 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees' Retirement System"; to the
Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2156 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest
factors"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2157 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to service credit for accrued and unused sick and annual
leave"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2158 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the West Virginia State Police"; to the Committee on
Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2159 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants; notification requirements; administrative
updates; temporary permits; general permits; permission to commence construction; and
procedures for evaluation"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2160 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to standards of performance for new stationary sources";
to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2161 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the control of air pollution from hazardous waste
treatment, storage and disposal facilities"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2162 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to emission standards for hazardous air pollutants"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2163 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to a mercury budget training program to reduce mercury
emissions"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2164 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2165 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the state water pollution control revolving fund"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2166 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a
legislative rule relating to the filing of verified time records"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2167 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a
legislative rule relating to voting"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2168 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to packaging and labeling"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2169 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to a method of sale of commodities"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2170 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to the West Virginia Manufactured Housing Construction and Safety
Standards Board"; to the Committee on Energy, Industry and Labor, Economic Development and
Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2171 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to weights and measures calibration fees"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2172 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to
promulgate a legislative rule relating to boating"; to the Committee on Natural Resources then the
Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2173 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to
promulgate a legislative rule relating to deer hunting"; to the Committee on Natural Resources
then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2174 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to
promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses"; to the
Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2175 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Social Work Examiners to
promulgate a legislative rule relating to a fee schedule"; to the Committee on Government
Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2176 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a
legislative rule relating to the repeal of valuation of intangible personal property including stock
accounts receivable and stock in banks and capital of savings and loan associations"; to the
Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2177 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Tourism to promulgate a
legislative rule relating to the direct advertising grants program"; to the Committee on Finance
then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2178 - "A Bill to amend and reenact article 9 , chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a
legislative rule relating to the Board and rules of professional conduct"; to the Committee on
Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2179 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Administration to
promulgate a legislative rule relating to parking"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2180 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to
promulgate a legislative rule relating to fair market price determination"; to the Committee on
Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2181 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Administration to
promulgate a legislative rule relating to statewide contracts"; to the Committee on Finance then
the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2182 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Administration to
promulgate a legislative rule relating to qualifications for participation"; to the Committee on
Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2183 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to animal disease control"; to the Committee on Agriculture
then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2184 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to the disposal of dead poultry"; to the Committee on
Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2185 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed"; to the Committee on Agriculture then
the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2186 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a
legislative rule relating to the registration of architects"; to the Committee on Government
Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2187 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Deputy Sheriff Retirement System"; to the Committee
on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2188 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to benefit determination and appeal"; to the Committee on
Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2189 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers' Retirement System"; to the Committee on
Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2190 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of
Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators"; to the Committee on Government
Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2191 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate
a legislative rule relating to the Board"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2192 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate
a legislative rule relating to the formation and approval of dental corporations"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2193 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to permits for construction and major modification of
major stationary sources of air pollution for the prevention of significant deterioration"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2194 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to ambient air quality standards"; to the Committee on the
Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2195 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2196 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the assessment of civil administrative penalties"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2197 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the hazardous waste management fee"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2198 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to environmental laboratories certification and standards
of performance"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2199 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to dam safety"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2200 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the assessment of civil administrative penalties"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2201 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a
legislative rule relating to employment exemptions"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2202 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a
legislative rule relating to lobbying"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2203 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a
legislative rule relating to the purchase, sale or lease of personal property"; to the Committee on
the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2204 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a
legislative relating to interest in public contracts"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2205 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to licensure of medical adult day care centers";
to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2206 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to public water systems"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2207 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to tuberculosis testing, control treatment and
commitment"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2208 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Human Services to
promulgate a legislative rule relating to child care center licensing"; to the Committee on Health
and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2209 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to continuing education for individual insurance producers"; to the
Committee Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2210 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to preneed life insurance minimum standards for determining reserve
liabilities and nonforfeiture values"; to the Committee on Banking and Insurance then the
Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2211 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to standards for weights and measures inspectors adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition"; to the Committee
on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2212 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to the Amusement Rides and Attractions Safety Act"; to the Committee
on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2213 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a
legislative rule relating to the Elevator Safety Act"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2214 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a
legislative rule relating to the definition of surgery"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2215 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a
legislative rule relating to licensure, disciplinary and complaint procedures; continuing education;
and physician assistants"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2216 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a
legislative rule relating to the establishment and regulation of a restricted license issued to an applicant in extraordinary circumstance"; to the Committee on Health and Human Resources then
the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2217 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate
a legislative rule relating to the denial, suspension, revocation, restriction or nonrenewal of
driving privileges"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2218 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate
a legislative rule relating to collection on the tax on the sale of a vehicle"; to the Committee on
Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2219 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to
promulgate a legislative rule relating to lifetime hunting, trapping and fishing license and stamp
fees"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2220 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a
legislative rule relating to reimbursement of compensation paid to state employees for training,
education and professional development"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2221 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate
a legislative rule relating to general provisions"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2222 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Regional Jail and Correctional Facility
Authority to promulgate a legislative rule relating to criteria and procedures for determination of
projected cost per day for inmates incarcerated in regional jails operated by the Authority"; to the
Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2223 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered
Professional Nurses to promulgate a legislative rule relating to policies, standards and criteria for
the evaluation and accreditation of colleges, departments or schools of nursing"; to the
Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2224 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered
Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for
nurses in advanced practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2225 - "A Bill to amend and reenact article 4, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Rehabilitation Services to
promulgate a legislative rule relating to the low vision driver training program"; to the Committee
on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2226 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Respiratory Care to promulgate a legislative rule relating to student temporary permits"; to the Committee on Government
Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2227 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a
legislative rule relating to the administration of the address confidentiality program"; to the
Committee on Political Subdivisions then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2228 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a
legislative rule relating to combined returns pursuant to an investigation by the Tax
Commissioner"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2229 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a
legislative rule relating to the film industry investment tax credit"; to the Committee on Finance
then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2230 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a
legislative rule relating to electronic filing and payment of special district excise tax"; to the
Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2231 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a
legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal costs, fines, forfeitures or penalties"; to the Committee on Finance
then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2232 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a
legislative rule relating to an exchange of information agreement between the State Tax Division
and the Department of Health and Human Resources Office of the Inspector General Medicaid
Fraud Control Unit"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2233 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to
promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government
Organization then the Judiciary.
By Delegates Shaver and Duke:
H. B. 2234 - "A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931,
as amended, relating to increasing the maximum cash award the Employee Suggestion Award
Board may make; requiring the board to report to the Legislature every five years regarding effect
of inflation; and allowing the Governor to make a secondary award for suggestions if the
suggestion is implemented in one or more additional state agencies"; to the Committee on
Government Organization then Finance.
By Delegate Azinger:
H. B. 2235 - "A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931,
as amended, relating to personal income tax; providing tax exemption to veterans and their
spouses locating in West Virginia following the veterans' separation from service"; to the
Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegate Caputo:
H. B. 2236 - "A Bill to amend and reenact §21-1A-4 of the Code of West Virginia, 1931,
as amended, relating to making the use of permanent replacements for striking workers an unfair
labor practice by employers who have employee stock ownership plans"; to the Committee on
Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Border:
H. B. 2237 - "A Bill to amend and reenact §33-42-8 of the Code of West Virginia, 1931,
as amended, relating to establishing the crime of partial birth infanticide; penalty; definitions; and
exceptions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Hatfield, Guthrie and Fleischauer:
H. B. 2238 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, §16-2L-2 and §16-2L-3, all relating to emergency
contraception"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Perry:
H. B. 2239 - "A Bill to amend and reenact §17A-10-8 of the Code of West Virginia,
1931, as amended, relating to exempting nonprofit organizations from paying an annual motor
vehicle registration fee"; to the Committee on Roads and Transportation then Finance.
By Delegates Eldridge, Marshall, Caputo and Perdue:
H. B. 2240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-11-5b, relating to prohibiting the use of a person's credit
history in insurance transactions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Eldridge, Marshall, Miley and Caputo:
H. B. 2241 - "A Bill to amend and reenact §18B-14-10 of the Code of West Virginia,
1931, as amended, relating to credit card solicitation on college campuses; and providing a
misdemeanor penalty for violations"; to the Committee on Education then the Judiciary.
By Delegates Morgan and Craig:
H. B. 2242 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9m, relating to creating exemptions from the consumers
sales and services tax for sales of tangible personal property, parts, materials, apparatus and
equipment to be directly incorporated into the initial construction or installation of a qualified
amusement ride that is directly sold or leased to a qualified operator of a qualified amusement
park located in this state; for leases of qualified amusement rides that are directly leased to a
qualified operator of a qualified amusement park located in this state; and for sales of qualified
amusement ride design and engineering services that are directly sold to a qualified operator of a
qualified amusement park located in this state; and providing definitions"; to the Committee on
Finance.
By Delegates Boggs and Campbell:
H. B. 2243 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §4-6-1, §4-6-2 and §4-6-3, all relating to creating the Joint
Commission on Technology and Advanced Communications; providing for appointment of
members of the Senate and House of Delegates to the commission; providing for the appointment
of citizen members; meetings, periods of function, powers and duties of the commission; and the
recommendation of guidelines"; to the Committee on Government Organization.
By Delegates Schoen and Martin:
H. B. 2244 - "A Bill to amend and reenact §22C-4-23 of the Code of West Virginia,
1931, as amended, relating to prohibiting solid waste authorities from duplicating or competing
with private recycling businesses"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Iaquinta, Miley, Campbell and Evans:
H. B. 2245 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-8-1b, relating to the denial of course credits for unexcused
absences in school"; to the Committee on Education.
By Delegates Craig and Morgan:
H. B. 2246 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26v, relating to providing a cost-of-living provision for
certain persons retired under the Teachers Retirement System"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Caputo and Martin:
H. B. 2247 - "A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931,
as amended, relating to maximum hours of work; and providing that an employee has the right to
decline to work more than forty hours in any one workweek"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Caputo and Argento:
H. B. 2248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-5-19, relating to requiring employers to pay nurses at their
regular rate of pay for all the time they are on-call on the employer's premises"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Perry, Williams and Cann:
H. B. 2249 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia,
1931, as amended, relating to allowing comparable credit at trade or vocational schools approved
by the state board to count towards certain service personnel pay rates"; to the Committee on
Education then Finance.
By Delegates Doyle and Overington:
H. B. 2250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-7, relating to salary increases for state employees based
upon residential housing costs in a county"; to the Committee on Finance.
By Delegates Caputo and Martin:
H. B. 2251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all
relating to meeting and conference rights for members of fire departments employed by political subdivisions; providing for the right of self-organization; allowing designation of an exclusive
representative agent; imposing a duty to meet and confer with employees; allowing deduction of
employee organization dues and assessments; providing for compulsory arbitration of disputes;
listing prohibited acts; allowing hearing before Civil Service Commission; providing judicial
review; specifying powers and duties of the Civil Service Commission; and allowing injunctive
relief"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Spencer:
H. B. 2252 - "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 and §11-13Z-3, all relating to providing a
tax credit to landlords who rent to parolees"; to the Committee on Finance.
By Delegate Fleischauer:
H. B. 2253 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia,
1931, as amended, relating to making the offense of failure to wear safety belts a primary
offense"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Walters:
H. B. 2254 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5, all
relating to abortions generally and requiring notice of an abortion to be provided to the father of
the unborn child"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 2255 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-15F-1, §33-15F-2, §33-15F-3 and §33-15F-4, all relating to
the 'Mandated Benefits Review Act'; and requiring the Insurance Commissioner to review and
report to the Legislature in an actuarially-based fashion the financial and other related impacts of
any proposed legislation to mandate medical or health-related benefits"; to the Committee on
Health and Human Resources then Government Organization.
By Delegate Walters:
H. B. 2256 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12i, relating to exempting students attending state
colleges or universities in undergraduate programs and graduates of undergraduate programs of
state institutions of higher learning for the first two tax years postgraduation from the payment of
state income tax; providing that students attending state institutions and enrolled in undergraduate
programs and undergraduate graduates of state institutions for the first two years after graduating
shall pay seventy-five percent of any state income tax that they otherwise would owe to the
particular institution or other corporate creditor from which the student or graduate obtained
student loans to attend the state institution of higher learning"; to the Committee on Education
then Finance.
By Delegate Walters:
H. B. 2257 - "A Bill to amend and reenact §16-2B-2 of the Code of West Virginia, 1931,
as amended, relating to prohibiting family planning centers in West Virginia that receive state
funding from discussing abortion or abortion referrals"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegate Paxton:
H. B. 2258 - "A Bill to amend and reenact §18A-4-7 of the Code of West Virginia, 1931,
as amended, relating to substitute teacher pay generally and providing for the full day rate if the
teacher had ten instruction days in the same school year"; to the Committee on Education then
Finance.
By Delegate Craig:
H. B. 2259 - "A Bill to amend and reenact §22A-1-1 and §22A-1-31 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated
§22A-12-1, §22A-12-2, §22A-12-3, §22A-12-4, §22A-12-5, §22A-12-6, §22A-12-7, §22A-12-8,
§22A-12-9, §22A-12-10, §22A-12-11, §22A-12-12, §22A-12-13 and §22A-12-14; and to amend and reenact §23-4-2 of said code, all relating generally to the creation and implementation of
drug-free workplaces in coal mines; requiring Office of Miners' Health Safety and Training to
ensure drug-free workplaces in the mining industry; adopting procedures for the suspension or
revocation of miners' certification upon proof of confirmed positive drug tests; requiring breach
of duty hearings to be held within twenty days; establishing process and conditions for reissuance
of miners' certification; authorizing Director of Office of Miners' Health Safety and Training to
require all operators to adopt drug-free workplaces programs at coal mines; assessment of fee for
costs; requiring employers to pay for cost of drug tests for employees; providing for definitions;
requiring all companies providing safety-sensitive services to mine operators to have drug-free
workplace program for certain employees; providing immunity from wrongful discharge lawsuits
for employers who implement program; implementing process for drug testing and appellate
procedure; permitting the Office of Miners' Health Safety and Training to require drug and
alcohol test in serious mine accidents of certain persons; requiring alcohol and drug tests on all
mine fatalities; requiring applicants for additional certifications to be certified drug free; ensuring
substance abuse training; requiring minimum level of alcohol and substance abuse training and
proof of being drug and alcohol free for certification; requiring proof of drug and alcohol free for
applicants as apprenticeship miner or miner certification; requiring Office of Miners' Health
Safety and Training to provide drug testing program for apprentices; providing for cost
reimbursement or acceptance of results of certain other drug tests; providing for confidentiality of
drug test results and exemption from the West Virginia Freedom of Information Act; allowing for
release by consent or compulsion by court order; establishing relevancy to legal claim asserted by
applicant; prohibiting use of results in criminal proceedings against applicant; requiring substance
abuse awareness training for emergency medical services personnel in mines; providing for
severability; and modifying rights of certain employees to receive indemnity benefits and
common law right to sue where accident proximately caused by employee's intoxication"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Spencer:
H. B. 2260 - "A Bill to amend and reenact §3-3-7 of the Code of West Virginia, 1931, as
amended, relating to authorizing governing bodies of municipalities and county commissions to
transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered";
to the Committee on Political Subdivisions then the Judiciary.
By Delegate Caputo:
H. B. 2261 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting from state personal income tax obligations all monetary
benefits derived from Division of Natural Resources conservation officers' retirement"; to the
Committee on Pensions and Retirement then Finance.
By Delegate Shook:
H. B. 2262 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-10-33, relating to crimes against public policy; and making
it a misdemeanor to file a frivolous lawsuit"; to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 2263 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring medical practitioners who
perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and
measurement; prescribing criminal penalties for violations of the section"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegate Caputo:
H. B. 2264 - "A Bill to amend and reenact §22A-1-9 of the Code of West Virginia, 1931,
as amended, relating to the office of Miners' Health Safety and Training; requiring the
employment of diesel inspectors"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Government Organization.
By Delegate Shook:
H. B. 2265 - "A Bill to amend and reenact §24-3-5 of the Code of West Virginia, 1931, as
amended, relating to requiring public utilities to file with the clerk of the county commission in
each county in which it provides service, or proposes to provide service, copies of all proposed
tariffs and all schedules showing all the rates, charges and tolls for service to be rendered by it or
by other persons, firms or corporations in connection with it"; to the Committee on Political
Subdivisions then the Judiciary.
By Delegate Spencer:
H. B. 2266 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-12A-1 and §15-12A-2, all relating to creating a registry of
persons convicted of operating a clandestine drug laboratory; designating certain information to
be contained on the registry; directing the Criminal Identification Bureau of the State Police to
create a website using descriptive terms for the public to access relative to the information in the
registry; and requiring the Superintendent of the State Police to propose rules to implement the
provisions of the article"; to the Committee on the Judiciary then Finance.
By Delegate Doyle:
H. B. 2267 - "A Bill to repeal §7-1-3nn of the Code of West Virginia, 1931, as amended;
and to amend and reenact §7-1-3mm of said code, all relating to permitting county commissions
to establish a program for transfer of development rights without the requirement of a county
election"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Williams:
H. B. 2268 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931,
as amended, relating to modifying the check cashing service fee making it consistent with the
national average"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 2269 - "A Bill to amend and reenact §18-20-1 of the Code of West Virginia, 1931, as amended, relating to approval of a student for homebound services and their rights as
homebound students"; to the Committee on Education then Finance.
By Delegate Miley:
H. B. 2270 - "A Bill to amend and reenact §61-2-28 of the Code of West Virginia, 1931,
as amended, relating to increasing certain penalties for persons convicted of domestic battery and
domestic assault including the requirement that they complete an approved batterers' course"; to
the Committee on the Judiciary.
By Delegate Paxton:
H. B. 2271 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8b of the Code of West
Virginia, 1931, as amended, all relating to itinerant status for school service personnel; and
information to be included in a notice of job vacancy"; to the Committee on Education.
By Delegate Boggs:
H. B. 2272 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6
and §21-5G-7, all relating to establishing the Flexible Leave Act; definitions; application; use of
leave with pay earned; prohibited acts; and affect on leave granted under the Federal Family and
Medical Leave Act of 1993"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Finance.
By Delegate Hutchins:
H. B. 2273 - "A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931,
as amended, relating to suspension of drivers license for certain offenses if committed by college
students; and permitting temporary license allowing driving to and from college and classes"; to
the Committee on Education then the Judiciary.
By Delegate Shook:
H. B. 2274 - "A Bill to amend and reenact §11-15-18b of the Code of West Virginia,
1931, as amended, relating to the distribution of the State Treasurer's 'Road Fund'"; to the Committee on Finance.
By Delegate Azinger:
H. B. 2275 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6-111, relating to regulating telemarketing for quasi-state
agencies"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2276 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to allowing income deduction for tax purposes for gifts to West Virginia
charities"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2277 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931,
as amended, relating to the West Virginia secondary school activities commission; and requiring
rules to provide for use of neck braces by football players"; to the Committee on Education then
Finance.
By Delegate Azinger:
H. B. 2278 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, relating to requiring any abortion be performed in a
hospital or only by a physician with admitting privileges to a hospital; providing, if not performed
in a hospital, anesthesia must be given by a licensed anesthesiologist or licensed certified nurse
anesthetist; requiring certain reporting requirements of abortion or reproductive health centers
and for license suspension for failure to report; and, providing a basis for professional
disciplinary action, injunctive relief, damages and penalties for violations"; to the Committee on
Health and Human Resources then the Judiciary.
By Delegate Barker:
H. B. 2279 - "A Bill to amend and reenact §61-3-54 of the Code of West Virginia, 1931,
as amended, relating to amending the crime of identity theft to provide that it is a felony if a person commits the crime with the intent to commit any other crime"; to the Committee on the
Judiciary.
By Delegate Boggs:
H. B. 2280 - "A Bill to amend and reenact §17A-6-4 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17A-6B-2 of said code; to amend and reenact §17A-6C-2 of
said code; and to amend and reenact §17A-6D-5 of said code, all relating to increasing the
required bond for certain businesses regulated by the Division of Motor Vehicles to $50,000"; to
the Committee on Finance.
By Delegate Carmichael:
H. B. 2281 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3 and §11-15C-4, all relating to
a tax exemption on certain sales of clothing"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2282 - "A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931,
as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty
insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Boggs:
H. B. 2283 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as
amended, relating to authorizing county tax assessors to choose not to impose the property tax in
a county on businesses for property that is business inventory intended for resale"; to the
Committee on Political Subdivisions then Finance.
By Delegate Perry:
H. B. 2284 - "A Bill to amend and reenact §18-5-4 and §18-5-5 of the Code of West
Virginia, 1931, as amended, all relating to county boards of education generally; providing for
disclosure of personal and pecuniary interests and recusal from voting; prohibiting individual
board members from acting on behalf of the board in an individual capacity unless authorized by statute; and penalty for violations"; to the Committee on Education then the Judiciary.
By Delegate Caputo:
H. B. 2285 - "A Bill to amend and reenact §22A-2-40 of the Code of West Virginia,
1931, as amended, relating to requiring that permanent and temporary battery charging stations in
mines be ventilated directly to the return on a separate split of air"; to the Committee on Energy,
Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Caputo:
H. B. 2286 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to allowing a reduction in the adjusted gross income of a taxpayer for
contributions to the maintenance and improvement of state, county and municipal parks"; to the
Committee on Natural Resources then Finance.
By Delegate Caputo:
H. B. 2287 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931,
as amended, relating to crediting deceased teachers' surviving spouses with accumulated sick
leave for purposes of extending insurance coverage; and, providing that if the spouse or other
dependents are not covered by public employees' insurance, the spouse or other dependents
receive the monetary value of the accumulated sick leave"; to the Committee on Pensions and
Retirement then Finance.
By Delegate Azinger:
H. B. 2288 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as
amended, relating to changing compulsory school attendance until age eighteen or until the
student graduates"; to the Committee Education then the Judiciary.
By Delegate Caputo:
H. B. 2289 - "A Bill to amend and reenact §21A-1A-27 of the Code of West Virginia,
1931, as amended; and to amend and reenact §21A-6-10 and §21A-6-11 of said code, all relating
to changing the amount a person can earn while receiving unemployment compensation benefits, without it changing the benefits received, from $60 a week to forty percent of the person's
weekly benefit rate"; to the Committee on the Judiciary then Finance.
By Delegate Talbott:
H. B. 2290 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §46A-6F-115, relating to a no telephone solicitation contact (Do
Not Call) list being maintained by the Public Service Commission; providing that telephone
subscribers and telephone service consumers may pay a modest fee to be placed on the 'Do Not
Call' list; providing that the Public Service Commission create the 'No Call' list for sale to
telemarketers; and civil penalties for violations of this new section"; to the Committee on
Government Organization then the Judiciary.
By Delegate Azinger:
H. B. 2291 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-18-1, §11-18-2, §11-18-3, §11-18-4, §11-18-5, §11-18-6,
§11-18-7, §11-18-8, §11-18-9 and §11-18-10, all relating to imposing an excise tax on the sale or
rental of obscene materials"; to the Committee on Finance.
By Delegate Argento:
H. B. 2292 - "A Bill to amend and reenact §38-12-1 and §38-12-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§38-12-14, all relating to requiring lien holders to notify the sheriff's office via written instrument
and to record a release in the county clerk's office within sixty days after the lien has been
satisfied; requiring that the lien be removed from record upon satisfaction; and providing
penalties for failure to notify the sheriff and county clerk of satisfaction"; to the Committee on the
Judiciary.
By Delegate Boggs:
H. B. 2293 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-9d, relating to creating the criminal offense of harassment of a participant of a neighborhood crime watch; defining terms; and providing a
criminal penalty"; to the Committee on the Judiciary.
By Delegate Border:
H. B. 2294 - "A Bill to amend and reenact §15-2-24 of the Code of West Virginia, 1931,
as amended, relating to fees charged by the Criminal Identification Bureau of the West Virginia
State Police for providing certain information to volunteer fire departments"; to the Committee on
Government Organization then Finance.
By Delegate Caputo:
H. B. 2295 - "A Bill to amend and reenact §22A-2-46 of the Code of West Virginia,
1931, as amended, relating to requiring a certified person to examine underground mines after
cutting and welding has been performed"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegate Doyle:
H. B. 2296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-20-3a, relating to empowering certain county and
municipalities to deny a development activity if adequate public facilities, assets and services are
not available to support the activity; delegation of authority; and expanding the list of capital
improvements and services which may be determined to be adequate to include libraries and
library services"; to the Committee on Political Subdivisions then Finance.
By Delegate Doyle:
H. B. 2297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-13i; and to amend and reenact §18-5-19 of said code, all
relating to education; the State Board of Education; county boards of education; establishing a
secure residential school for juvenile status offenders; and providing an alternative school at
evening classes or night school for children who are expelled or suspended from regular school
classes"; to the Committee on Education then Finance.
By Delegate Michael:
H. B. 2298 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to dangerous weapons generally and allowing Mental Hygiene Commissioners
to carry concealed weapons"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-7-16, relating to limiting the purchase of handguns to one
gun per month; exempting law-enforcement, correctional facilities and private security companies
from the limitation; providing criminal penalties; and exempting antique firearms from the
limitation"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2300 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931,
as amended, relating to the definition of gross income for purposes of determining child support;
providing that certain employment-related expenses are excluded from gross income"; to the
Committee on the Judiciary.
By Delegate Doyle:
H. B. 2301 - "A Bill to amend and reenact §29-1-8 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the demolition of a historic structure prior to a review of and the
issuance of a permit for the undertaking by the Commissioner of the Division of Culture and
History"; to the Committee on Government Organization.
By Delegates Romine and Schoen:
H. B. 2302 - "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 when the woman seeking it is doing so solely on account of the gender of the fetus;
prescribing a criminal penalty for violations of the section"; to the Committee on Health and
Human Resources then the Judiciary.
By Delegate Shoen:
H. B. 2303 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-5-31, relating to allowing pharmacists and other individuals
involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can
be used as an abortifacient or that can be used as part of an abortion-related procedure; providing
employee protection; and providing criminal penalty"; to the Committee on Finance.
By Delegates Perdue and Mahan:
H. B. 2304 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to personal property taxes; and exempting from personal property taxation the
equipment, inventory and raw materials of crafts people who have had their work evaluated and
accepted or juried and accepted by the West Virginia Arts and Crafts Guild or by a similar
organization"; to the Committee on Finance.
By Delegates Webster, Wells, Ferro, Miley, Frazier, Schoen, Lane, Wooton, Hunt
and Barker:
H. B. 2305 - "A Bill to amend and reenact §51-1-11 of the Code of West Virginia, 1931,
as amended, relating to the clerks office of the Supreme Court; and revising appointment and
compensation provisions of the clerk and clerks office staff"; to the Committee on the Judiciary.
By Delegates Webster, Michael, Mahan and Kominar:
H. B. 2306 - "A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931,
as amended, relating to the impersonation of a public official or employee"; to the Committee on
the Judiciary.
By Delegate Morgan:
H. B. 2307 - "A Bill to amend and reenact §8-13-4 of the Code of West Virginia, 1931, as
amended, relating to acquisition of a municipal business license"; to the Committee on
Government Organization then Finance.
By Delegates Morgan, Martin, Hartman, Hutchins, Michael, D. Poling, Swartzmiller, Canterbury, Cowles and Schoen:
H. B. 2308 - "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"; to the Committee on Government
Organization then Finance.
By Delegates Morgan, Martin, Argento, Beach, Eldridge, Andes and C. Miller:
H. B. 2309 - "A Bill to amend and reenact §30-28-1, §30-28-2, §30-28-3, §30-28-4,
§30-28-5, §30-28-6, §30-28-7, §30-28-8, §30-28-9, §30-28-10, §30-28-11, §30-28-12, §30-28-13,
§30-28-14, §30-28-15, §30-28-16, §30-28-17 and §30-28-18 of the Code of West Virginia, 1931,
as amended, all relating to the practice of occupational therapy; providing definitions; setting
forth the scope of practice of occupational therapy; prohibiting practice or use of titles unless
licensed; removing the requirement for referral by a physician or other health care practitioner;
setting forth supervision requirements for assistants and aides; clarifying qualifications to serve as
a board member; providing that board members are not civilly liable for acts or omissions in
performance of duties in good faith; setting forth powers and duties of the board; providing
exemptions from licensure; clarifying qualifications for licensure; setting forth examination
requirements; providing for licensure for applicants from other jurisdictions; clarifying conditions
of limited permits and temporary licenses; providing for renewal, suspension and revocation of
licenses; providing for refusal to renew licenses; providing for reinstatement of lapsed licenses;
setting forth complaint procedures; establishing grounds for disciplinary actions; providing for
hearing procedures and rights of appeal; providing rulemaking authority; providing for criminal
investigations, proceedings and penalties; and establishing that a single act may constitute
evidence of practice"; to the Committee on Government Organization then the Judiciary.
By Delegate Wooton:
H. B. 2310 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931,
as amended, relating to allowing county boards of education with low density student populations
to operate their schools on a four-day school week"; to the Committee on Finance.
By Delegate Walters:
H. B. 2311 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931,
as amended, relating to allowing county boards of education with low density student populations
to operate their schools on a four-day school week"; to the Committee on Education.
By Delegates Moore, Paxton, Evans and Wells:
H. B. 2312 - "A Bill to amend and reenact §29-27-3 and §29-27-5 of the Code of West
Virginia, 1931, as amended, all relating to adding the Commissioner of the Division of Highways
as a nonvoting member of the authority board; and authorizing the National Coal Heritage Area
Authority to assist in the historical, cultural, recreational and economic development of Coalwood
Way and related sites in the Big Creek District of McDowell County"; to the Committee on
Government Organization.
By Delegate Ellem:
H. B. 2313 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring that every woman seeking an
abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal
penalty for violations of the section; and providing nothing in the section that can be construed as
approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Doyle, Fleischauer, Klempa and Marshall:
H. B. 2314 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia,
1931, as amended, relating to a severance tax imposed on surface mining activities; proceeds
dedicated to surface mine reclamation fund"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Barker and Overington:
H. B. 2315 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931,
as amended, relating to eligibility for parole; good conduct and violent behavior"; to the
Committee on the Judiciary.
By Delegates Webster, Staggers, Caputo and Perry:
H. B. 2316 - "A Bill to amend and reenact §49-5-8 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §49-5-10 of said code, all relating to unlawful possession of
deadly weapons by a minor"; to the Committee on the Judiciary.
By Delegates Sumner and Duke:
H. B. 2317 - "A Bill to amend and reenact §29-22A-8 of the Code of West Virginia,
1931, as amended, relating to establishing an additional annual license fee of $1,000 for the
privilege of holding a license to operate video lottery terminals at race tracks; and to provide that
the moneys collected are paid to the State Teachers Retirement System Benefit Fund"; to the
Committee on the Judiciary then Finance.
By Delegates Sobonya and Klempa:
H. B. 2318 - "A Bill to amend and reenact §17A-3-16 of the Code of West Virginia,
1931, as amended, relating to motorcycle registration renewal; exempting motorcycles from the
requirement of annual registration"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Armstead, Anderson and Craig:
H. B. 2319 - "A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new article, designated §61-13-1, §61-13-2,
§61-13-3 and §61-13-4, all relating to the creation of a Sentencing Commission, providing for the
appointment, terms and qualifications of members; establishing objectives for the commission;
and setting forth certain powers and duties of the commission"; to the Committee on Government
Organization then the Judiciary.
`By Delegates Fragale and Martin:
H. B. 2320 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12i, relating to providing for a modification to federal
adjusted gross income for expenses incurred by organ donors"; to the Committee on Finance.
By Delegates Caputo, Longstreth and Manchin:
H. B. 2321 - "A Bill to amend and reenact §11-6D-7 of the Code of West Virginia, 1931,
as amended, relating to extending the alternative-fuel motor vehicles tax credit for ten years and
making the credit retroactive from the expiration date of the initial credit"; to the Committee on
Finance.
By Delegates Williams, Hartman and Shaver:
H. B. 2322 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-24-11c, relating to authorizing a corporation net income tax
credit for reducing charges for home heating fuel and propane gas provided to low-income
residents"; to the Committee on Finance.
By Delegate Border:
H. B. 2323 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-15c, relating to public employees receiving credit toward
their West Virginia public employee retirement benefits for service in the Peace Corps"; to the
Committee on Pensions and Retirement then Finance.
By Delegates Hamilton and M. Poling:
H. B. 2324 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5A-10-1a, relating to giving abutting landowners of public
lands a right of first refusal to lease or buy public lands"; to the Committee on the Judiciary.
By Delegates Manchin and Caputo:
H. B. 2325 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as
amended, relating to powers of municipal self government"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Spencer and Carmichael:
H. B. 2326 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931,
as amended, relating to the calendar set by the county board of education for public schools"; to
the Committee on Education.
By Delegates Mahan and Moye:
H. B. 2327 - "A Bill to amend and reenact §18-7A-28e of the Code of West Virginia,
1931, as amended, relating to providing cost-of-living benefits to retired teachers funded from the
severance tax collections on natural gas"; to the Committee on Education then Finance.
By Delegates Beach, Saver, Fleischauer, Longstreth, Manchin, Caputo and Williams:
H. B. 2328 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to increasing the Public Service Commission appointees from three to five; and
requiring one appointee from each congressional district and two at-large appointments"; to the
Committee on Government Organization then the Judiciary.
By Delegate C. Miller:
H. B. 2329 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-7d, relating to requiring all high schools to teach fetal
development; and providing that nothing contained in this section can be construed as approving
of abortion"; to the Committee on Education then the Judiciary.
By Delegates Spencer, Fleischauer, Martin, Hatfield, Paxton and Longstreth:
H. B. 2330 - "A Bill to amend and reenact §18B-7-1 of the Code of West Virginia, 1931,
as amended, relating to full-time classified personnel workforce reduction at state institutions of
higher education on the basis of seniority"; to the Committee on Education.
By Delegate Michael:
H. B. 2331 - "A Bill to amend and reenact §18A-3-1 of the Code of West Virginia, 1931,
as amended, relating to teacher certification"; to the Committee on Education.
By Delegate Rodighiero:
H. B. 2332 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as
amended, relating to providing state health care services for all active and inactive duty military
personnel"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Duke and Overington:
H. B. 2333 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11A-1-4a, relating to collection of county fire service fees and
special emergency ambulance service fee"; to the Committee on Political Subdivisions then
Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2334 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931,
as amended, relating to public employees' retirement; relating to members' reemployment after
retirement; and providing for restrictions for holders of elected public office"; to the Committee
on Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2335 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-10-7c, relating to the federal 'Yellow Ribbon G.I.
Education Enhancement Program'; requiring state institutions of higher education to participate
in the program; and requiring state institutions of higher education to enter into agreements with
the United States Secretary of Veterans Affairs to provide matching contributions toward the cost
of tuition and mandatory fees not otherwise covered under the Post-9/11 Veterans Educational
Assistance Act of 2008"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2336 - "A Bill to amend and reenact §21A-5-10a of the Code of West Virginia,
1931, as amended; and to amend and reenact §21A-6-10 of said code, all relating generally to
unemployment compensation and the unemployment compensation trust fund; providing for a
temporary solvency assessment if the balance of the fund falls below certain funded levels;
providing for removal of the temporary solvency assessment; and providing that the maximum
weekly benefit rate shall not increase or decrease while temporary solvency assessments are being
imposed"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-2a, relating to a nonbase building salary enhancement for
state employees; authorizing the Governor to provide for salary enhancements by executive order;
providing for the allocation of salary enhancement moneys; and providing for disbursement of the
salary enhancement"; to the Committee on Government Organization then Finance.
Miscellaneous Business
Delegate Armstead addressed the House regarding the 200th birthday of Abraham Lincoln
and at the conclusion of his remarks, Delegate Border asked and obtained unanimous consent that
they be printed in the Appendix to the Journal.
At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 13,
2009.