__________*__________




Tuesday, February 23, 2010

FORTY-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 Monday, February 22, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Delegates Schoen, Andes, Martin and Paxton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 71 - "Requesting the Division of Highways to name the bridge located on the new Route 35, crossing Route 34 at Poplar Fork, Putnam County, specifically bridge number 40-35-2.40, the 'PFC Roger Lee Byus Memorial Bridge, Killed in Action, Vietnam 1969'."
Whereas, Roger Lee Byus was born on March 23, 1949, the son of Mervin C. Byus, Jr. and Alma Ruth Ball Byus in Winfield, Putnam County, West Virginia and raised and educated in Putnam County. He attended Black Lick School, a one-room elementary school near his home, Hurricane Middle School and Hurricane High School, where he played football. He enjoyed hunting, fishing and riding motorcycles and any activity related to snow. He was employed by C. H. Heist Corporation. He married Judy Elaine Dillon on September 19, 1966. Eight days later she was killed in an automobile accident; and
Whereas, On March 20, 1969, Roger Lee Byus was inducted into the United States Army along with his two best friends, William Gillespie and Keith Grant and were sent to Fort Knox, Kentucky where he completed his basic and AIT training. He was then sent to Vietnam, arriving there on October 13, 1969,where he became a member of the elite 11th Armored Calvary, Blackhorse Regiment, Second Squadron, E Troop as a gunner. On November 24, 1969, while on a volunteer mission in Phuoc Long, South Vietnam, E Troop encountered enemy forces and called for mortar support. The coordinates were incorrectly sent and E Troop suffered a direct hit injuring PFC Roger Lee Byus who was dead upon arrival at a base hospital; and
Whereas, PFC Roger Lee Byus made the ultimate sacrifice for his country, during the conflict in Vietnam, earning the Purple Heart, Bronze Star and other medals posthumously; and
Whereas, The nature of the sacrifice of this brave and courageous son of Putnam County requires us to honor his memory, by ensuring that future generations are aware of his bravery and sacrifice in the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name bridge number 40-35-2.40, located on the new Route 35, crossing Route 34 at Poplar Fork, Putnam County the "PFC Roger Lee Byus, Memorial Bridge Killed in Action, Vietnam, 1969"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "PFC Roger Lee Byus Memorial Bridge Killed in Action, Vietnam, 1969"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and the surviving family of PFC Roger Lee Byus.
Mr. Speaker, Mr. Thompson, and Delegates Beach, Boggs, Butcher, Campbell, Craig, Eldridge, Ennis, Evans, Ferro, Fragale, Frazier, Givens, Hutchins, Iaquinta, Klempa, Kominar, Louisos, Manypenny, Marshall, Miley, Moore, Morgan, Moye, Perdue, Pethtel, M. Poling, Reynolds, Rodighiero, Shook, Staggers, Stephens, Stowers, Susman, Swartzmiller, Talbott, White and Wooton offered the following resolution, which was read by the Clerk as follows:
H. R. 23 - "Designating February 23, 2010, as 'Community Action Day'."
Whereas, Community action agencies in the Mountain State work to assist low-income West Virginians; and
Whereas, Community action agencies try to find the causes of poverty and how to achieve self-sufficiency; and
Whereas, These community action agencies have been serving low-income families throughout West Virginia's 55 counties for more than 40 years; and
Whereas, Community action agencies conduct programs to meet the needs of low-income West Virginians; and
Whereas, These programs consist of Head Start, weatherization, housing, energy assistance, home rehabilitation, job training and placement, nutrition for the elderly and children, counseling, health, education, welfare reform, family mentoring and many others; and
Whereas, Community action agencies, in partnerships with elected officials, the private sector and the citizens of West Virginia, continue to identify low-income conditions and pursue solutions; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 23, 2010, as "Community Action Day"; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of community action programs in West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Community Action Partnership.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 23) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 10, The "Sgt. Justin Alan Thompson Memorial Highway",
H. C. R. 43, The "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl",
H. C. R. 57, Requesting a study on improving the efficiency, focus and fairness of the system for holding school systems accountable for preparing students for the 21st Century economy,
H. C. R. 58, Designating the annual observance of the week following Labor Day as Labor History Week,
H. C. R. 64, The "Delmar L. Parrish Bridge",
And,
H. C. R. 65, The "Sloan Brother's Highway",
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4582, Creating reciprocity for West Virginia small, women and minority-owned businesses who receive such preferences in other states,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4559, Relating to the requirements to be certified as a registered forester,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4359, Requiring local labor for public construction projects,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4359) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4502, Increasing the amount of net terminal income allocated to the Cultural Facilities and Capitol Resources Matching Grant Program Fund,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4502) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4577, Establishing four classes of licenses for elevator mechanics; and creating a license for employees of historic hotel resorts,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4577 - "A Bill to amend and reenact §21-3C-1, §21-3C-3, §21-3C-10a and §21-3C-11 of the Code of West Virginia, 1931, as amended, all relating to elevators; exempting platform lifts from the definition of elevator; requiring inspections on certain elevators; creating different classifications for licensure; and providing rule-making authority to the division of labor,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4031, Providing flexibility in the West Virginia public school support plan for funding regional education service agencies,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4031 - "A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931, as amended, relating to the maximum foundation allowance for regional education service agencies,"
H. B. 4185, Relating to mandatory retirement age of deputy sheriffs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4185 - "A Bill amend and reenact §7-14-17 of the Code of West Virginia, 1931, as amended, relating to mandatory retirement age of deputy sheriffs; and authorizing continued employment beyond age sixty-five years if approved in writing by the sheriff,"
And,
H. B. 4455, Changing the Martinsburg public library to the Martinsburg-Berkeley County Public Library,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4455 - "A Bill to amend and reenact chapter 83, Acts of the Legislature, regular session, 1970, relating to changing the Martinsburg Public Library to the Martinsburg- Berkeley County Public Library; and to create a library board with the power to operate the said public library,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was receieved:
Your Committee on Finance has had under consideration:
H. B. 4521, Creating a sales tax holiday for purchases of guns and ammunition,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4549, Relating to the sale of municipal public utility,
And reports the same back with the recommendation that it do pass but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4549) was referred to the Committee on Finance
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4515, Curtailing the serving of alcoholic beverages by licensed clubs as early as one a.m.,
And reports the same back with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4515) was referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4444, Authorizing lateral transfers for deputy sheriffs,
And reports the same back with the recommendation that it do pass but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4444) was referred to the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4390, Relating to information to be obtained from landowners by assessor,
And reports the same back with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4390) was referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4130, Creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4130) was referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4081, 4082, 4098, 4127, 4237 and 4238, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4081 - "A Bill amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Military Affairs and Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Military Affairs and Public Safety; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Police to promulgate legislative rules relating to West Virginia State Police Career Progression System (81 CSR 3) and carrying of handguns by retired or medically discharged members (81 CSR 6); authorizing the Fire Commission to promulgate legislative rules relating to the state fire code (87 CSR 1) and state building code (87 CSR 4); authorizing the Division of Corrections to promulgate legislative rules relating to the recording of inmate telephone calls (90 CSR 5) and the monitoring of inmate mail (90 CSR 7); authorizing the Division of Homeland Security and Emergency Management to promulgate a legislative rule relating to industrial accident rapid response (170 CSR 2),"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4314, Establishing the valuation of motor vehicles and motorcycles for property tax assessment purposes based on "clean load" and "clean trade-in" values,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4314 - "A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended, relating to the valuation of motor vehicles and motorcycles for property tax assessment purposes; amending those provisions to similarly apply to motorcycles; and limiting the applicability of damaged car values or salvage value guideline for assessment purposes,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4314) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4534, Increasing the criminal penalty for failing to stop and render aid after a motor vehicle accident; Erin's Law,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4534 - "A Bill to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalty for failing to stop and render aid after a motor vehicle accident; and naming the code section 'Erin's Law',"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 4534) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4535, Repealing outdated and obsolete sections of the tax code,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 4535) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4447, Extending the time for the Board of Education of Boone County to meet as a levying body to present to the voters of Boone County the question of renewing an excess levy for schools,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4328, Establishing centralized filing system for reports required to be filed with the Legislature,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4328 - "A Bill amend and reenact §4-1-23 of the Code of West Virginia, 1931, as amended, relating to reports to be filed with the Legislature; requiring copies of the reports to be submitted to the Legislative Librarian; requiring the copies to be submitted as required by the Legislative Manager or in electronic form via the Internet; and providing that failure to comply is nonfeasance,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4038, Imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4038 - "A Bill to repeal §33-17-9a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-12C-6a; to amend and reenact §33-17-9b of said code; and to amend said code by adding thereto a new article, designated §38-10E-1 and §38-10E-2, all relating to imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring insurance companies to notify insured and municipality or county after determining that a claim involves a total loss to real property; defining terms; requiring a municipality or county to perfect the lien within thirty days of notice of a total loss determination; providing for release of the lien upon satisfaction of certain conditions; and authorizing the Insurance Commissioner to declare surplus lines insurers ineligible for certain violations,"
H. B. 4137, Using voter registration figures to determine the placement of political parties on the general election ballot,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4137 - "A Bill to amend and reenact §3-6-2 of the Code of West Virginia, 1931, as amended, relating to using voter registration figures to determine the placement of political parties on the general election ballot,"
And,
H. B. 4186, Relating to the practice of nursing home administration,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4186 - "A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-25-1, §30-25-2, §30-25-3, §30-25-4, §30-25-5, §30-25-6, §30-25-7, §30-25-8, §30-25-9, §30-25-10 and §30-25-11 of said code; and to amend said code by adding thereto five new sections, designated §30-25-12, §30-25-13, §30-25-14, §30-25-15 and §30-25-16, all relating to the practice of nursing home administration; continuing the West Virginia Nursing Home Administrators Licensing Board; prohibiting the practice of nursing home administration without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties and providing that a single act is evidence of practice,"
With the recommendation that the committee substitutes each do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4541, Authorizing circuit court judges and magistrates to utilize county or municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4541) was referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 4484, Relating to reinstating former chiefs of police to previously held positions within the paid police department,
And reports the same back, with title amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (H. B. 4484) to the Committee on the Judiciary was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3301, Amending the Division of Labor rule verifying the legal employment status of workers,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3301 - "A Bill to amend and reenact §21-1B-5 and §21-1B-7 of the Code of West Virginia, 1931, as amended, and to further amend said code by adding thereto a new section, designated §21-1B-8, all relating to employment of unauthorized workers; creating a penalty for failure to maintain certain records; authorizing the Commissioner to issue notices to produce records and citations under certain circumstances; and requiring such citations to be presented to a magistrate or circuit judge,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 4162, Providing a tax credit for obtaining certain certifications by the United States Green Building Council Leadership,
And reports the same back with the recommendation that it do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4557, Reviewing all of the Department of Health and Human Resources requests for proposals or change orders valued at over $500,000 prior to their release,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4557 - "A Bill to amend and reenact §16-29E-5 of the Code of West Virginia, 1931, as amended, relating to the Legislative Oversight Commission on Health and Human Resource Accountability reviewing all of the Department of Health and Human Resources requests for proposals or change orders valued at over $500,000 prior to their release,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2967 - "A Bill to amend and reenact §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931, as amended, all relating to national certification of teachers and professional personnel generally; continuing salary bonus for renewed National Board of Professional Teaching Standards Certificates; providing for reimbursement of renewal fees; continuing bonus eligibility if a holder accepts employment as principal or in another school or board level instructional leadership position; and continuing the salary supplement for nationally-certified professional personnel,"
H. B. 4168, Relating to the Emergency Medical Services Retirement System,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4168 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-9a, relating to the Emergency Medical Services Retirement System; and authorizing the purchase of previous service of eligible emergency medical service officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS),"
And,
H. B. 4182, Relating to the emergency medical services retirement system act,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4182 - "A Bill to amend and reenact §16-5V-2, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-18, §16-5V-19, §16-5V-20 and §16-5V-21 of the Code of West Virginia, 1931, as amended, all relating to the emergency medical services retirement system act; modifying definitions; making technical changes; procedures for the transfer of contributions; clarifying actuarial valuation period; clarifying employer contribution amount; specifying procedures for the correction of errors; providing onset date for receipt of disability benefits; and providing for the termination of disability benefits when a retirant refuses to submit to a medical examination or provide certification from a physician of continued disability,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 214 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates"; which was referred to the Committee on Finance.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 216 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specifying effective dates"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 273 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the covered electronic devices takeback program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; 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; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; 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 which cause or contribute to nonattainment; 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; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to acid rain provisions and permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing groundwater standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring wells; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2010, and requested the concurrence of the House of Delegates in the passage, of

Com. Sub. for S. B. 376 - "A Bill to amend and reenact §31A-2-4c of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-10 of said code, all relating to gathering and publication of residential mortgage foreclosure data and statistics filed by trustees and received by the Division of Banking from county clerks; and reducing the fee paid for recording the trustee's report of sale and the fee paid by county clerks to the Division of Banking for the collection and publication of the data by the division"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 385
- "A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as amended, relating to the need for a county depository to execute a bond only for public funds deposited in amounts exceeding the amount that is insured by an agency of the federal government"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 387
- "A Bill to amend and reenact §46A-4-102 of the Code of West Virginia, 1931, as amended, relating to providing that mortgage loan originators employed by regulated consumer lenders must be licensed or registered with the Nationwide Mortgage Licensing System and Registry; and requiring regulated consumer lenders provide notice of change of ownership and/or control of such institutions to the West Virginia Division of Banking"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 399
- "A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to the election of magistrates by division; providing that all magistrates will be elected by divisions; providing that all magistrates will be elected at large from the entire county he or she serves; and requiring the Supreme Court of Appeals to assign magistrates to districts"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 401 - "A Bill to amend and reenact §11-3-1, §11-3-2a, §11-3-10, §11-3- 12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a and §11-3-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto fourteen new sections, designated §11-3-15a, §11-3- 15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h, §11-3-15i, §11-3-23a, §11-3-24b, §11-3-25a, §11-3-32 and §11-3-33; to amend said code by adding thereto a new article, designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5, §11-6K-6, §11-6K-7 and §11-6K- 8; and to amend and reenact §18-9A-12 of said code, all relating to taxation of real and personal property for ad valorem property tax purposes; defining and conforming terms used; making technical corrections in certain code sections to conform to prior acts of the Legislature; accelerating date for issuance of notices of increase in assessed value of real property; updating penalties for failure to file required property tax reports and returns; clarifying report and return filing requirements; accelerating due dates for filing reports and returns; assessment of property of limited liability companies; requiring assessors to notify owners of commercial business personal property of increases in assessed values for current assessment year by an established deadline; providing procedures for property owners to protest notices of assessed valuation and obtain appropriate adjustments from county assessors; providing for appeal of protested assessments to county board of equalization and review, board of assessment appeals and circuit court; providing for protest of classification or taxability to Tax Commissioner; specifying effective dates; providing for discovery; authorizing assignment to hearing examiner; hearing providing methods for assessment of industrial property, natural resources property and managed timberland; establishing time and basis for assessments; providing for pertinent definitions; specifying form and manner of making returns; establishing criminal penalties for failure to file; providing for tentative appraisals by Tax Commissioner and notification to taxpayers; providing procedures for informal review of tentative appraisals; making of final appraisals; transmitting final appraisals to assessors; providing for appeals; authorizing reductions of assessments upon instruction of Tax Commissioner in certain circumstances; specifying effective dates; and holding harmless the local share for public school support for reductions in revenues resulting from decisions of a board of assessment appeals"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 422 - "A Bill to amend and reenact §16-4D-4 of the Code of West Virginia, 1931, as amended, relating to limiting liability for anticipated automatic external defibrillator users who are not health care providers"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of

S. B. 445 - "A Bill to extend the time for the City Council of Fairmont, Marion County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of the city an election for a municipal excess levy for purposes of providing funding for the repair and paving of streets and roadways of the City of Fairmont from March 7-28 and the third Tuesday in April until June 8, 2010"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 461
- "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-11, §11-15B-17, §11-15B-25, §11-15B-26 and §11-15B-32 of the Code of West Virginia, 1931, as amended, all relating to the administration of sales and use tax; definitions; latest year agreement amended; registration of seller making no sales in state; registration fees; advertising and promotional direct mail; seller's relief in collecting and remitting taxes; purchasers' obligations and rights; simplified electronic returns; form contents; required filers; loss of exemption for failing to file; adoption of standardized transmission process; notice to sellers to file returns; Tax Commissioner's authority to establish liability amount of taxes; additional return options; remittances in payment of taxes on simplified return; and new effective dates"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 511
- "A Bill to amend and reenact §20-2-21 of the Code of West Virginia, 1931, as amended, relating to Castor canadensis, or beaver, trapping and tagging of pelts"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 512
- "A Bill to amend and reenact §20-2-19 of the Code of West Virginia, 1931, as amended, relating to trap markings"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 517 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining certain terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; authorizing the Governor's Office of Technology to work with various interest groups to develop the standards necessary to electronically record real property documents; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 547 - "A Bill to amend and reenact §11-8-12 and §11-8-12a of the Code of West Virginia, 1931, as amended, all relating to correcting an inconsistency in the code regarding school board levies"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 548 - "A Bill to extend the time for the governing body of the Board of Education of Boone County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of that county an election to consider a renewal of an existing excess levy for schools, from the third Tuesday of April until the last day in May, 2010 that is not a Saturday, Sunday or legal holiday."
At the respective request of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 548) to a committee was dispensed with.
Motions

The Clerk read a written motion, heretofore filed with him by Delegate Armstead, as follows:
"Delegate Armstead moves that the Committee on Constitutional Revision be discharged from consideration of House Joint Resolution 5, the Marriage Protection Amendment, in accordance with the provisions of House Rule 82; and, that the second reference to the Committee on the Judiciary be dispensed with and the Resolution be taken up for immediate consideration."
Delegate Boggs asked unanimous consent that action on the foregoing written motion be laid over, which consent was not given, objections being heard.
Delegate Boggs then so moved, and on this motion, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 63), and there were--yeas 68, nays 30, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the motion that the written motion lie over prevailed.
Special Calendar

Unfinished Business

H. C. R. 63, The "John W. Blue Memorial Highway"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 67, The "Purple Heart Trail" in Taylor County; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for H. B. 4145, Providing services and facilities to assist student veterans at state institutions of higher education; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 64), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4145) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4299, Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 65), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Walters.
Absent And Not Voting: Argento and Craig.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4299) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

H. B. 3110, Renaming conservation officers to be natural resources police officers; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Natural Resources, was reported by the Clerk and adopted, amending the bill on page seven, section one, line ninety-seven, by striking out "2009" and inserting in lieu thereof "2010".
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 4035, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4036, Establishing the Judicial Vacancy Advisory Commission; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4037, Relating generally to federal subsidy bonds and bond financing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4108, Authorizing miscellaneous agencies and boards to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4110, Authorizing the Department of Commerce to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4172, Authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner; on second reading, coming up in regular order, was read a second time
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the offering and consideration of amendments on third reading.
Com. Sub. for H. B. 4188, Anti-Criminal Street Gang Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4292, Relating to requirements to serve as a magistrate; on second reading, coming up in regular order, was read a second time
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading, and the rule was suspended to permit Delegate Miley and Boggs to offer an amendment on that reading.
H. B. 4312, Relating to the Tax Procedure and Administration Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 4327, Relating to the practice of beauty care; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4335, Relating to the business registration tax; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4352, Authorizing the West Virginia Supreme Court of Appeals to create a Business Court Division within certain circuit court districts; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4457, Relating to the access to and protection of cemeteries; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Beach, Perdue and Varner, the bill was amended on page twenty- four, section seven, line six, following the word "location" and the period, by inserting a new sentence to read as follows: "The Governmental subdivision shall, upon notification of grave site location, document the location using GPS technology. Data collected shall be deposited with the Division of Culture and History."
The bill was then ordered to engrossment and third reading.
H. B. 4593, Relating to high school graduation improvement; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
S. B. 611, Removing location requirement for certain higher education offices,
And,
H. B. 4524
, Revising the definition of "all-terrain vehicle" and including a definition for utility terrain vehicle.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento and Craig.
Miscellaneous Business

Delegate Doyle announced that he was absent when the votes were taken on Roll Nos. 55 through 58, and that had he been present, he would have voted "Yea" thereon.
Delegate Fragale asked and obtained unanimous consent that the remarks of Delegate Williams regarding the increase in funding for the Medicare Waiver Program for in-home services be printed in the Appendix to the Journal.
At 12:14 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 24, 2010.