__________*__________
Monday, January 24, 2011
THIRTEENTH 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 Friday, January 21, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
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. 2525, Relating to the practice of social work,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2525 - "A Bill to repeal §30-30-8a of the Code of West Virginia, 1931,
as amended; to amend and reenact §30-30-1, §30-30-2, §30-30-3, §30-30-4, §30-30-5, §30-30-6,
§30-30-7, §30-30-8, §30-30-9, §30-30-10, §30-30-11 and §30-30-12 of said code; and to amend said
code by adding thereto seventeen new sections, designated §30-30-13, §30-30-14, §30-30-15,
§30-30-16, §30-30-17, §30-30-18, §30-30-19, §30-30-20, §30-30-21, §30-30-22, §30-30-23,
§30-30-24, §30-30-25, §30-30-26, §30-30-27, §30-30-28 and §30-30-29, all relating to the practice
of social work; prohibiting the practice of social work without a license; defining terms; 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; 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; and providing criminal penalties,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2525) to the
Committee on the Judiciary was abrogated.
Resolutions Introduced
Delegates Perry, Azinger, Barill, Barker, Boggs, Brown, Butcher, D. Campbell, Cann,
Canterbury, Caputo, Carmichael, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield,
Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kominar, Lane, Lawrence, Longstreth, Mahan,
Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan,
Moye, Nelson, O'Neal, Overington, Pasdon, Perdue, Pethtel, L. Phillips, Pino, D. Poling, M. Poling,
Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Sobonya,
Staggers, Stephens, Stowers, Sumner, Talbott, Varner, Walker, Wells, White and Williams offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 25 - "Urging the U. S. Post Office to conduct a ceremony celebrating the official
release of a priority mail stamp commemorating the New River Gorge Bridge."
Whereas, The United States Post Office is set to release a priority mail stamp
commemorating the New River Gorge Bridge on April 11, 2011; and
Whereas, The United States Post Office generally conducts a nationwide release program
for the issuance of stamps that allows stamps to be released in Washington, D.C. without a ceremony
and without local participation; and
Whereas, The United States Post Office can conduct local ceremonies if there is interest
in the area in commemorating the issuance of a stamp; and
Whereas, A ceremony to officially unveil the New River Gorge Commemorative Stamp
should be held at a local West Virginia post office; therefore, be it
Resolved by the Legislature of West Virginia:
That the United States Post Office is urged to conduct a ceremony, celebrating the official
release of a priority mail stamp commemorating the New River Gorge Bridge, in a West Virginia
post office; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the United States Post Office and the members of the West Virginia Congressional Delegation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2756 - "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §18-9-3a, all relating to the improvement of schools and
school districts; requiring electronic county and school strategic improvement plans to identify and
plan for early warnings and interventions regarding at-risk students; requiring electronic county and
school strategic improvement plans to identify level of performance on certain high quality
education standards; requiring state board adoption of rule on certain high quality education
standards and including certain legally required elements; requiring certain reports on rule and
submission on certain dates; requiring state board study consistent with rule of certain staffing issues
and specifying submission; revising graduation standards used to determine adequate yearly progress
under the No Child Left Behind Act; requiring state annual performance measures to account for
growth over the previous year; revising extraordinary circumstances that may warrant a school being
given a low-performing accreditation status; narrowing deadlines for improvement of low
performance in schools; revising school system approval criteria for schools given temporary and
conditional status; authorizing the district-wide transfer of principals in school systems on
nonapproved status in certain circumstances; requiring certain revision and state board approval of county strategic improvement plan of counties given temporary, conditional or nonapproval status;
establishing the Education Opportunity Zone 180 program; requiring training for certain county
board members and providing penalty for not attending; requiring training for superintendents and
certain other personnel in certain circumstances; requiring counties given temporary, conditional
or nonapproval status to examine various strategies collaboratively agreed upon to bring county to
full approval; requiring county board of education annual reports including accreditation status and
county board member training information on published financial reports; and making technical
corrections and removing obsolete provisions throughout"; to the Committee on Education then
Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2757 - "A Bill to amend and reenact §18A-2-12 and §18A-2-12a of the Code of West
Virginia, 1931, as amended, all relating to providing for evaluation of professional personnel in the
public schools; specifying certain professional personnel who must be evaluated; requiring
evaluations to be at least annual; providing certain processes for evaluations and applicable dates;
requiring State Board of Education to revise professional personnel evaluations; requiring State
Board of Education to establish task force to address rule changes regarding professional personnel
evaluations; requiring state board study of duties and responsibilities of certain professional
employees and time required to accomplish evaluations; requiring use and reporting of study results;
establishing task force reporting and recommendations; requiring state board report to Legislative
Oversight Commission on Education Accountability; establishing dates certain for submission of
proposed rule and adopted rule and effective date of rule; requiring certain rule provisions; requiring provision of written evaluation results to persons evaluated; modifying related evaluation provisions
to comport with changes; and making technical corrections and removing obsolete provisions
throughout"; to the Committee on Education.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2758 - "A Bill to amend and reenact §18B-18A-9 of the Code of West Virginia, 1931,
as amended, relating to higher education directed research endowments; extending the date upon
which moneys must be deposited into research endowments operated by participating institutions;
and altering the time period for reallocation of matching moneys"; to the Committee on Education
then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2759 - "A Bill to amend and reenact §5A-3-10 of the Code of West Virginia, 1931,
as amended, relating to purchasing practices generally; providing that the purchasing division
director may not approve certain purchases; providing that reverse auctions may be used to purchase
only commodities; defining the reverse auction process; permitting the use of third-party vendors
for reverse auctions; providing purchasing division director with rule-making and emergency rule-
making authority to implement reverse auctions; and providing technical clean-up"; to the
Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2760 - "A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as
amended, all relating to revising the Municipal Economic Opportunity Development District Act
generally; enlarging the types of municipal corporations that may use sales tax increment financing
to finance certain economic development projects to any Class I, Class II and Class III city and any
Class IV town or village; including mining operations in the definition of remediation; including
remediation of former coal mining sites as a permissible development expenditure for a project;
changing the standard by which the maximum amounts of reserves that may be established in the
financing of a project are measured; recommending that the development office consider whether
the economic development that a project enables is large enough to require that it contain mixed use
development consisting of a housing component with at least ten percent of housing units in the
district allocated for affordable housing when determining whether there is a pressing need for the
project; defining affordable housing; allowing the development office to reduce the minimum
amount of local sales tax revenues that would be deposited into the State's General Revenue Fund
in certain circumstances; providing that the maximum repayment schedule of all notes, bonds or
other instruments issued to fund projects is thirty years; and providing technical and clerical
clean-up"; to the Committee on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2761 - "A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as
amended; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code;
to amend and reenact §6-7-2a of said code; and to amend and reenact §9A-1-1, §9A-1-2 and §9A-1-
4 of said code, all relating to redesignating the Division of Veterans' Affairs as the Department of Veteran's Assistance within the executive branch; establishing the time period for review of the
Department of Veteran's Assistance by the Joint Standing Committee on Government Organization
and the Joint Committee on Government Operations; providing that the Veterans' Council be part
of the Department of Veteran's Assistance; providing that the department be supervised by a
secretary-level administrator; establishing the salary of the secretary; providing an effective date for
redesignation; making other changes to the code to comport with the amendment; and providing
technical and clerical clean-up"; to the Committee on Veterans' Affairs and Homeland Security then
Government Organization.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2762 - "A Bill to amend and reenact §7-22-3, §7-22-4, §7-22-5, §7-22-7, §7-22-10,
§7-22-12, §7-22-15, §7-22-17 and §7-22-20 of the Code of West Virginia, 1931, as amended, all
relating to revising the County Economic Opportunity Development District Act generally; defining
the term 'remediation;' including remediation of landfills, former coal mining sites, solid waste
facilities or hazardous waste sites as permissible development expenditures for approved projects;
changing standard by which the maximum amounts of reserves that may be established in the
financing of a project are measured; providing that the development office cannot approve a project
involving remediation unless all development expenditures proposed within a certain timeframe
result in more than $50 million in capital investment in the district; changing ordinance to order;
correcting language by changing municipality to county; providing that the development office may
not approve a project involving remediation unless the county commission submits clear and
convincing information that the proposed remediation expenditures to be financed with bonds or notes do not constitute more than twenty-five percent of a project's total development expenditures;
and providing technical and clerical clean-up"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary then Finance.
By Delegates Boggs, Fragale and White:
H. B. 2763 - "A Bill to amend and reenact §21A-7-11 of the Code of West Virginia, 1931,
as amended, relating to prohibiting the Executive Director of Workforce West Virginia from billing
a reimbursable employer under the unemployment compensation law for overpaid amounts of
benefits paid to a claimant; and in cases where the employer has been billed and paid the bill for
benefits which are subsequently determined to be an overpayment, requiring the executive director
to reimburse the employer for the amount of the overpayment"; to the Committee on Finance.
By Delegates Pethtel, Givens, Canterbury, Ennis, Duke, Guthrie and D. Poling
[By Request of the Consolidated Public Retirement Board]:
H. B. 2764 - "A Bill to amend and reenact §8-22A-12 of the Code of West Virginia, 1931,
as amended, relating to the West Virginia Municipal Police Officers and Firefighters Retirement
System, and ensuring the continued qualification of the system under federal tax laws by adopting
an amendment to the system required by Section 824 of the Pension Protection Act of 2006 (P.L.
109-280) permitting direct rollovers to Roth IRAs"; to the Committee on Pensions and Retirement
then Finance.
By Delegates Pethtel, Givens, Canterbury, Ennis, Duke, Guthrie and D. Poling
[By Request of the Consolidated Public Retirement Board]:
H. B. 2765 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10D-10, relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board, and ensuring the continued qualification of
the plans under federal tax laws by adopting provisions required by Sections 104(a) and 105(b) of
the Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245) requiring the plans to
provide certain death benefits to survivors of the plans' members or participants who die while
performing qualified military service and governing the treatment of differential wage payments
made to the plans' members or participants"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Pethtel, Canterbury, Givens, Ennis, Guthrie and D. Poling
[By Request of the Consolidated Public Retirement Board]:
H. B. 2766 - "A Bill to amend and reenact §7-14D-7 of the Code of West Virginia, 1931,
as amended, relating to the authority of the West Virginia Consolidated Public Retirement Board
to determine the participating employer contribution rate for the Deputy Sheriff Retirement System";
to the Committee on Pensions and Retirement then Finance.
By Delegates Butcher, Stowers, Rodighiero, Walker, Skaff and Hall:
H. B. 2767 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-7; to amend said code by adding thereto a new section,
designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-
26v, all relating to providing cost-of-- living adjustments for certain current and former public
employees generally; providing a $1,200 cost-of-living adjustment to be paid in full by June 30,
2011; providing for selection of payment date by the State Auditor; requiring payment of the cost-of-
living adjustments upon authorization; providing for transfer and expenditure of funding
appropriated to State Budget Office to spending units and county boards of education for payment of the cost-of-living adjustments; defining terms; providing for $1,200 cost-of-living adjustment to
certain retirees of the Public Employees Retirement System and the state Teachers Retirement
System by June 30, 2011; and providing for the pro rata distribution of the cost-of-living adjustment
to certain beneficiaries"; to the Committee on Pensions and Retirement then Finance.
By Delegates Iaquinta, Fragale, Boggs, Crosier, T. Campbell, Border, Azinger, Skaff
and C. Miller:
H. B. 2768 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-12j, relating to providing a personal income tax exemption
for living organ donors"; to the Committee on Finance.
By Delegate Hamilton:
H. B. 2769 - "A Bill to amend and reenact §5-10-52 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia Public Employees Retirement Act; and calculating benefits
and service for certain members of the Legislature"; to the Committee on Pensions and Retirement
then Finance.
By Delegates Caputo, Fragale, Hatfield, Martin and Moye:
H. B. 2770 - "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 Delegates Skaff, Stowers, Hall and Reynolds:
H. B. 2771 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4 and
§11-13BB-5; and to amend and reenact §11-21-12 of said code, all relating to establishing the 'Stay
Home and Work Income Tax Incentive Act'; providing a tax credit for graduates of a higher
education institution for a portion of the interest paid on student loans; providing for the
promulgation of rules by the State Tax Commissioner for such purpose; establishing a one-time
modification reducing federal adjusted gross income for recent graduates of higher education
institutions up to the first $30,000 with a five year eligibility for such modification; providing that
such modification be revoked if the eligible taxpayer establishes residency outside of West Virginia;
and providing for the promulgation of rules by the Tax Commissioner for such purpose"; to the
Committee on Finance.
By Delegates Cowles, Stowers, Rodighiero, J. Miller, C. Miller, Michael and Hall:
H. B. 2772 - "A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931,
as amended, relating to exempting special fuel and propane used for home heating purposes from
the motor fuel excise tax"; to the Committee on Finance.
By Delegates Butcher, Caputo, Rodighiero, Skaff, Hall and Stowers:
H. B. 2773 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §6-3A-1, §6-3A-2 and §6-3A-3, all relating to
neighborhood crime watch programs; creation of the organization; purpose of the program; criminal
penalties for harassing members of the program; and procedures for maintaining the anonymity of
members of this group and others that report crimes"; to the Committee on the Judiciary then
Finance.
By Delegates Perdue, Hamilton and M. Poling:
H. B. 2774 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931,
as amended, relating to increasing the barrel tax on nonintoxicating beer"; to the Committee on
Finance.
By Delegates Williams, Hartman, Butcher and Michael:
H. B. 2775 - "A Bill to amend and reenact §61-3-39a, §61-3-39g and §61-3-39m of the Code
of West Virginia, 1931, as amended, all relating to writing worthless checks; changing the criminal
penalty; providing a procedure for issuing a summons when the drawer is an out-of-state resident;
and allowing the prosecuting attorney to drop charges under certain circumstances"; to the
Committee on the Judiciary then Finance.
By Delegates Manypenny, Martin, Ferro and Hartman:
H. B. 2776 - "A Bill to amend and reenact §11-13Z-3 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new article, designated §11-13BB-1, §11-
13BB-2, §11-13BB-3 and §11-13BB-4, all relating to creating a tax credit for residential renewable
energy systems; defining terms; providing amount of the credit; providing limitations and requiring
the Tax Commissioner to promulgate rules for claiming and applying the tax credit; and changing
the duration of the residential solar energy tax credit"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then Finance.
By Delegates Butcher, Stowers and Rodighiero:
H. B. 2777 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to exempting recreational vehicles owned by a resident of this state who is
seventy years of age or older from ad valorem taxes"; to the Committee on Finance.
By Delegates M. Poling, Duke, Walker, Smith, Rodighiero, Moye, Paxton, Stowers and
Lawrence:
H. B. 2778 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931,
as amended, relating to extending the expiration date of employment of retired teachers beyond the
post-retirement employment limit established by the Consolidated Public Retirement Board;
requiring additional information to be reported to Consolidated Public Retirement Board and State
Board of Education; and continuing reports to the Joint Committee on Government and Finance until
2013"; to the Committee on Education then Finance.
By Delegates Caputo, D. Poling, Boggs, Mahan, Guthrie, Walker, Crosier and T.
Campbell:
H. B. 2779 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-2-5a, relating to West Virginia State Police receiving on-call
and off-duty pay; providing for the State Police to be paid minimum wage for every hour on-call;
and guaranteeing a minimum of two hours pay to State Police when called to duty off hours"; to the
Committee on Finance.
By Delegates Rodighiero and Moye:
H. B. 2780 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to motor vehicle registration generally; providing for the issuance of a special
'In God We Trust' license plate and assessing a special initial application fee and a special annual
fee therefor"; to the Committee on Roads and Transportation then Finance.
By Delegates Rodighiero, Stowers and Butcher:
H. B. 2781 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to exempting all veterans of the Armed Forces or any reserve component thereof
from having to obtain a hunting or fishing license"; to the Committee on Natural Resources then
Finance.
By Delegates Overington, Sumner, Ferro, Sobonya, Hartman, Moore, Rodighiero and
Armstead:
H. B. 2782 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-6-17, relating to public buildings and encouraging public
officials to prominently display the national motto on all public property, public buildings and all
buildings designed, constructed and maintained with public funds from the state, a county or a
municipality"; to the Committee on Government Organization then Finance.
By Delegates Overington, Andes, Cowles, J. Miller, Walters, Sobonya and C. Miller:
H. B. 2783 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-24a, relating to personal income tax; and authorizing a
two-tiered tax credit for parents or legal guardians who provide their children with either home or
private schooling"; to the Committee on Education then Finance.
By Delegates Caputo, D. Poling, Swartzmiller, Longstreth, Hall, Fragale and Paxton:
H. B. 2784 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-12-2c, relating to requiring sex offenders to pay a fee which
is to be deposited into the State Police Retirement Fund"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Cowles, J. Miller, Michael, Cann, Duke, Miller, C. and Overington:
H. B. 2785 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to the excise tax on the privilege of transferring real property; and providing that
the tax be used to reimburse counties for regional jail fees"; to the Committee on the Judiciary then
Finance.
By Delegates Boggs, Barker, T. Campbell, Craig, Ireland, Reynolds and Talbott:
H. B. 2786 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-21-10b, relating to allowing a credit against state personal
income tax for the purchase of new wood or pellet stove, and the purchase of wood pellets within
the State of West Virginia; and establishing the qualifying performance criteria for those stoves";
to the Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
By Delegates Morgan, Swartzmiller, Givens, Hartman, Manypenny, Michael and C.
Miller:
H. B. 2787 - "A Bill to repeal §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7,
§30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new article, designated §15-14-1, §15-14-
2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11,
§15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17, §15-14-18 and §15-14-19; and
to amend said code by adding thereto a new section, designated §30-18-14, all relating to
transferring private security services from the Secretary of State to the Division of Criminal Justice
Services; license requirement; authority of the Director of the Division of Criminal Justice Services;
rulemaking requirements; the creation of the West Virginia Private Security Fund; use of the West
Virginia Private Security Fund; eligibility requirements for licensure of private investigators and security services; application requirements for license to do business as a private investigator or
security services; requirements of employees under firm license; license renewal requirements;
complaint and investigation procedures; due process requirements; grounds for disciplinary action;
hearing procedures; judicial review; criminal sanctions; providing that a single act may be evidence
of pattern of practice; action for damages; and requiring a report to the Joint Committee on
Government Organization"; to the Committee on Government Organization then the Judiciary.
By Delegates Boggs, T. Campbell, Swartzmiller and Walters:
H. B. 2788 - "A Bill to amend and reenact §31-15A-2 and §31-15A-7 of the Code of West
Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia
Infrastructure Fund; providing definitions; specifying that infrastructure projects providing
broadband services facilities be included in infrastructure projects eligible for funding; including
the feasibility of inclusion of broadband transmission lines concomitant with the construction of new
roads; providing that construction of broadband transmission lines may be funded from the
infrastructure road improvement reserve account within the Infrastructure Fund; increasing the
limitation of the amount of funds which may be annually transferred to the account"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
By Delegates T. Campbell, Miley, Varner, Cann, Ferro and Canterbury:
H. B. 2789 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-5, all
relating to the West Virginia Geographical Information System"; to the Committee on Government
Organization then Finance.
By Delegates Doyle, Ferro, Frazier and Walters:
H. B. 2790 - "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"; to the
Committee on the Judiciary then Finance.
By Delegates Caputo, Boggs, Pethtel, Martin, Walker, Staggers, D. Poling, T. Campbell
and Hamilton:
H. B. 2791 - "A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as
amended, relating to requiring the superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of eight hundred troopers by July 1, 2015"; to the Committee
on Finance.
By Delegates Caputo, Marshall, Butcher, D. Poling, Manypenny and Guthrie:
H. B. 2792 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-28-1, §11-28-2 and §11-28-3, all relating to taxation of certain
transfers, leases, sales or other disposition of the whole or any part of the franchises, licenses,
permits, plants, equipment, business or other property of any public utility, or any merger or
consolidation thereof and every contract, purchase of stocks, arrangement, transfer or acquisition
of control or other transaction covered by §24-2-12 of the Code of West Virginia"; to the Committee
on Finance.
By Delegates T. Campbell and Boggs:
H. B. 2793 - "A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as
amended, relating to defining 'spelunking' as a recreational purpose and activity for which a
landowner's liability for injury is limited"; to the Committee on Natural Resources then the
Judiciary.
By Delegates Perdue and Rodighiero:
H. B. 2794 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60A-3-309, relating to dispensing controlled substances by
United States mail or delivery service; requiring that the recipient of the controlled substance be
over eighteen years of age, present government issued identification and sign a receipt for the
controlled substance being delivered"; to the Committee on the Judiciary.
By Delegate Armstead:
H. B. 2795 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-
2H-6, all relating to creating the Jobs Impact Statement Act; requiring a jobs impact statement for
certain proposed legislation; the contents of the statement; and providing that the West Virginia
Development Office prepare a jobs impact statement when requested by the Governor or leader of
either House of the Legislature"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then Government Organization.
By Delegates Morgan, Swartzmiller, Givens, Staggers, Hartman and Butcher:
H. B. 2796 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended;
to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and
to amend said code by adding thereto a new section, designated §30-1-20, all relating to professional
licensing boards; repealing antiquated, ineffective provisions; revising requirements for specific
subject matter at orientation sessions; clarifying who may call a board meeting; establishing
quorums; reporting violations; clarifying the issuance of notices to cease and desist; requiring boards
to maintain a business office open to the public; authorizing boards to propose fees notwithstanding
specific fees established in code; notifying licensees of proposal of fees in legislative rules;
authorizing boards to levy fines; hiring administrative law judges; clarifying law governing hearings
and administrative hearings; requiring board members to adhere to ethical standards for appointed
officials; permitting boards to establish a process for modifying or waiving continuing education
requirements or renewal fees for licensees in active duty military service; and requiring regulatory
board reviews"; to the Committee on Government Organization.
By Delegates Overington, Sobonya, Lane, Hartman and Armstead:
H. B. 2797 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as
amended, relating to required courses of school instruction generally; requiring the accumulation
of one and one-half years of instruction in the study of the Declaration of Independence and other
founding American historical documents including the Bill of Rights before high school graduation;
and requiring study of the historical, political and social environments at the time these documents
were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations,
world government, socialism or communism until basic courses in American state and local
geography and history are completed; and misdemeanor penalty"; to the Committee on Education.
By Delegates Armstead and Walters:
H. B. 2798 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931,
as amended, relating to the limiting the maximum distance a vehicle can drive in a center lane which
is clearly marked as a left turn lane"; to the Committee on Roads and Transportation then the
Judiciary.
By Delegates Caputo, Butcher, M. Poling, D. Poling, Marshall, Guthrie, Manypenny
and Boggs:
H. B. 2799 - "A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding a new section, designated §24-2-1k, all relating to
requiring greater information to be submitted by the Public Service Commission annually regarding
the quality of service provided by utilities and persons subject to its jurisdiction; and requiring
incumbent local exchange carriers to achieve certain levels of advanced services availability within
the state by July 1, 2014"; to the Committee on Energy, Industry and Labor, Economic Development
and Small Business then the Judiciary.
By Delegates Doyle, Michael, T. Campbell, Hartman, Shaver and Canterbury:
H. B. 2800 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4, §4-14-5, §4-14-6 and §4-14-7,
all relating to creating the West Virginia Ski Resort Industry Commission to encourage and foster
the continued development of the state's ski resort industry"; to the Committee on Government
Organization then Finance.
By Delegates J. Miller, Cowles, Walters, C. Miller, Andes, Armstead and Sobonya:
H. B. 2801 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-44-14, relating to creating the 'Health Care Choice Act'; and
enabling insurers authorized to sell insurance coverage in selected states to engage in the business
of insurance in West Virginia"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Armstead, Lane and Walters:
H. B. 2802 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931,
as amended, relating to driving on roadways laned for traffic; prohibiting use of turning lanes for
through traffic under certain circumstances; providing criminal penalty"; to the Committee on Roads
and Transportation then the Judiciary.
By Delegates T. Campbell, Canterbury and Crosier:
H. B. 2803 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931,
as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol,
controlled substance or other drug that causes serious bodily injury to another person; and
establishing penalties for first and subsequent violations of certain provisions"; to the Committee
on Roads and Transportation then the Judiciary.
By Delegates Morgan, Swartzmiller, Hartman, Givens, Manypenny and Staggers:
H. B. 2804 - "A Bill to repeal §16-1-16 of the Code of West Virginia, 1931, as amended;
to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend
and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact
§17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-
10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3
of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said
code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code;
to amend and reenact §30-30-3 of said code; and to amend and reenact §47A-1-1 of said code, all
relating to repealing obsolete code provisions"; to the Committee on Government Organization then
the Judiciary.
By Delegates Overington, Carmichael, Walters, J. Miller, Cowles, Duke, Sobonya,
Rowan and Sumner:
H. B. 2805 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §2-2-13, relating to protecting government from the expense of
conducting activities and providing papers and documents in multiple languages"; to the Committee
on the Judiciary then Finance.
By Delegates Armstead, Ellem, Overington, Hamilton and Sobonya:
H. B. 2806 - "A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §6B-2-5 of said code; to amend said code by adding thereto a new
section, designated §6B-2-5c; to amend and reenact §6B-2-7 of said code; to amend said code by
adding thereto a new section, designated §6B-2-12; and to amend and reenact §6B-3-2 of said code, all relating to the definitions relating to ethical standards for elected and appointed officials and
public employees; ethical standards for elected and appointed officials and public employees;
payment from nonpublic sources; financial disclosure statements; subterfuge to avoid compliance
with financial disclosures; and the registration of lobbyists"; to the Committee on the Judiciary.
By Delegates Craig, Stowers, Kominar, Morgan, C. Miller, Andes and Reynolds:
H. B. 2807 - "A Bill to amend and reenact §22A-2-66 of the Code of West Virginia, 1931,
as amended, relating to allowing the Director of the Office of Miners' Health, Safety and Training
flexibility when determining the appropriate penalty to impose against operators who fail to provide
immediate notice upon the occurrence of a mining accident"; to the Committee on Energy, Industry
and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Iaquinta, Fragale, Longstreth, D. Poling, Walters, Givens, Miley and
Carmichael:
H. B. 2808 - "A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as
amended, relating to crimes against public justice; misdemeanor penalty for failure to meet an
obligation to pay support to a minor; and reducing from six months to three months the period of
delinquency for failure to meet an obligation to pay support to a minor before failure to pay is a
misdemeanor penalty"; to the Committee on the Judiciary.
By Delegates Fleischauer, Manypenny, Doyle and Marshall:
H. B. 2809 - "A Bill to amend and reenact §24-2-1e and §24-2-11a of the Code of West
Virginia, 1931, as amended, all relating to not allowing accelerated rate of recovery for adverse
effects of constructing transmission facilities and revising the definition of need"; to the Committee
on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Manypenny, Doyle, Canterbury, Moore, Wells and Staggers:
H. B. 2810 - "A Bill to amend and reenact §24-2F-4 and §24-2F-8 of the Code of West
Virginia, 1931, as amended, all relating to interconnection and net-metering of customer-generators
of renewable energy; providing ownership of renewable energy credits; and requiring the Public
Service Commission to propose rules regarding net-metering and interconnection standards in this
state"; to the Committee on the Judiciary.
By Delegates Fragale, Shaver, Perry, Hartman, Romine, Michael and Sumner:
H. B. 2811 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9n, relating to exempting sales of tangible personal
property and services by any public or private school in this state of any one or more grade levels
prekindergarten through grade twelve; limiting amount of sales subject to exemption; and
authorizing designation by the Tax Commissioner of the exemption as a per se exemption for which
exemption certificates are not required"; to the Committee on Education then Finance.
By Delegates Walters, Varner and Michael:
H. B. 2812 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident
and sickness insurance policies to certain employers to furnish claims loss experience to
policyholders upon request of a policyholder; and identifying the claims loss experience information
to be provided"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Staggers, Marshall, Longstreth, Fleischauer and Doyle:
H. B. 2813 - "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"; to the Committee
on Pensions and Retirement then Finance.
By Delegates Fleischauer, Talbott, Brown, Manypenny, M. Poling, Staggers and
Hatfield:
H. B. 2814 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto thirteen new sections, designated §22-15A-
30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35, §22-15A-36, §22-15A-37,
§22-15A-38, §22-15A-39, §22-15A-40, §22-15A-41 and §22-15A-42, all relating to establishing
a returnable beverage container deposit program"; to the Committee on the Judiciary then Finance.
By Delegates Staggers, Perry and Moye:
H. B. 2815 - "A Bill to amend and reenact §29A-5-1 of the Code of West Virginia, 1931,
as amended, relating to providing that hearing examiners conducting state agency administrative
hearings be selected from a panel of five hearing examiners by a process in which the state agency
first strikes two hearing examiners and the respondent subsequently strikes two hearing examiners";
to the Committee on Government Organization then the Judiciary.
By Delegate Doyle:
H. B. 2816 - "A Bill to amend and reenact §60-7-11 of the Code of West Virginia, 1931, as
amended, relating to permitting private clubs to purchase alcoholic liquors from retail liquor stores
in any market zone in the state"; to the Committee on the Judiciary.
By Delegates Manchin, Longstreth, Hatfield, Fleischauer, Doyle, Stowers and Caputo:
H. B. 2817 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-3-18, relating to prohibiting healthcare providers from discriminating against or refusing treatment of a patient"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Manchin, Caputo, Fleischauer, Fragale, Guthrie, Poore, Skaff, Doyle and
Stowers:
H. B. 2818 - "A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931,
as amended, relating to increasing the allowable expense under the Crime Victims Award Program
that may be paid for the clean-up of real property damage by a methamphetamine laboratory"; to
the Committee on the Judiciary.
By Delegates Fleischauer, Brown, Marshall, Hatfield, Mahan and Longstreth:
H. B. 2819 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-1-22a, relating to requiring all state boards, commissions,
committees or councils to be gender balanced and to have proportionate representation of minorities
in the state"; to the Committee on the Judiciary.
By Delegates Fleischauer, Marshall, Hatfield, Fragale, Evans, Doyle, Manchin and T.
Campbell:
H. B. 2820 - "A Bill to amend and reenact §7-18-14 of the Code of West Virginia, 1931, as
amended, relating to permitting municipalities and counties to use proceeds from the hotel
occupancy tax to fund public libraries"; to the Committee on Political Subdivisions then Finance.
By Delegates Miley, Caputo, Morgan, Boggs, Fragale, Fleischauer, Barker, Hunt,
Frazier and Moore:
H. B. 2821 - "A Bill to amend and reenact §6B-2-7 of the Code of West Virginia, 1931, as
amended, relating to the Ethics Act; requiring public servants to disclose additional information on financial disclosure statements; and clarifying existing requirements"; to the Committee on the
Judiciary.
By Delegates Manchin and Caputo:
H. B. 2822 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §38-3-20, relating to execution of judgments"; to the Committee
on the Judiciary.
By Delegates Doyle, Michael, Ashley, Fleischauer, Hartman, Shaver and T. Campbell:
H. B. 2823 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §54-2-22, relating to increasing any award of just compensation
to a property owner by twenty-five percent for eminent domain takings by nongovernment entities;
and providing for a similar twenty-five percent increase in compensation for takings by government
entities that are transferred to nongovernment entities within ten years of the original taking"; to the
Committee on the Judiciary then Finance.
By Delegates Perdue, Wells, Marshall, Hatfield and Fragale:
H. B. 2824 - "A Bill to amend and reenact §22-3-22, §22-3-22a and §22-3-30a of the Code
of West Virginia,1931, as amended, all relating to increasing the distance required for surface
mining activity in relation to cemeteries"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Caputo, D. Poling, Boggs, Pethtel, Walker, Crosier, Manchin, Stowers
and Paxton:
H. B. 2825 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-10-7d, relating to tuition and fee waivers for members of the West Virginia State Police to attend a college or university"; to the Committee on Education then
Finance.
By Delegates Perdue, Hatfield, Marshall, Caputo and Fragale:
H. B. 2826 - "A Bill to amend and reenact §29-1-8a of the Code of West Virginia, 1931, as
amended; to amend and reenact §37-13-2 and §37-13-4 of said code; and to amend and reenact §37-
13A-5 of said code, all relating to clarifying procedures for protection of graves and burial sites,
clarifying when disturbance is a crime and enhancing the opportunity for public access to cemeteries
on private land and for public involvement in petitions to excavate graves"; to the Committee on the
Judiciary.
By Delegate Moore:
H. B. 2827 - "A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931,
as amended, relating to providing that the members of the board of banking and financial institutions
are reimbursed for actual reasonable expenses for attending meetings in accordance of the state
Purchasing Division"; to the Committee on Banking and Insurance then Finance.
By Delegates Rodighiero, Reynolds, Hatfield and Butcher:
H. B. 2828 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the establishment of new methadone treatment programs and clinics
in this state except for programs and clinics operated as comprehensive community mental health
centers by the Division of Health or local nonprofit organizations; requiring all private and
community mental health center methadone treatment programs to monitor each patient's pharmacy
registry each month"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates J. Miller, Sobonya, C. Miller, Sumner, Armstead, Cowles and Andes:
H. B. 2829 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §6-9B-1, §6-9B-2, §6-9B-3, §6-9B-4, §6-9B-5 and §6-9B-6, all
relating to creating and maintaining a searchable online budget database; designating this as the
'Budget and Spending Transparency Act'; short title; legislative findings; definitions; content
requirements and updates; and compliance"; to the Committee on the Judiciary then Finance.
By Delegates Iaquinta, Stowers, Ferro, Frazier and Hartman:
H. B. 2830 - "A Bill to amend and reenact §20-2-42c of the Code of West Virginia, 1931,
as amended, relating to allow members of the West Virginia National Guard or its Reserves to obtain
free hunting and fishing licenses while serving in the West Virginia National Guard or its Reserves
and upon full retirement licenses for life"; to the Committee on Natural Resources then Finance.
By Delegates Swartzmiller, Caputo and Boggs:
H. B. 2831 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931,
as amended, relating to issuance of special registration plates allowing parking privileges for persons
with mobility impairments"; to the Committee on the Judiciary.
By Delegates Hamilton, Longstreth, Caputo, D. Poling, Canterbury, Manchin, Andes,
Walker and Cowles:
H. B. 2832 - "A Bill to amend and reenact §61-3-16 of the Code of West Virginia, 1931, as
amended, relating to crimes against property; and including the larceny of copper ground wires or
cables from communications towers sites as larceny of things which savor of realty"; to the
Committee on the Judiciary.
By Delegates Overington, Sobonya and J. Miller:
H. B. 2833 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2a, relating to requiring that the Redistricting Office of the
Joint Committee on Government and Finance plan and propose congressional and legislative
districts; providing specific criteria that the redistricting office must observe in proposing district
mappings; requiring the redistricting office to advertise a proposed draft map of districts to the
public; requiring the redistricting office to recommend redistricting plan to the Legislature; requiring
the full Legislature to vote on plan ratification; providing for subsequent submissions of plans and
vote by Legislature; requiring that commission certify to the Secretary of State that its final proposal
for district boundaries is in accordance with Constitutional and legal requirements; and prohibiting
certain persons from influencing or attempting to influence district mapping proposals of the
redistricting office"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Manypenny, Marshall, Doyle, Martin, Longstreth and
Hatfield:
H. B. 2834 - "A Bill to amend and reenact §22-11-4 of the Code of West Virginia, 1931, as
amended, relating to water pollution control; and requiring the West Virginia Department of
Environmental Protection to develop specific standards to control levels of total dissolved solids in
the state's rivers and streams"; to the Committee on Government Organization then the Judiciary.
House Calendar
Third Reading
Com. Sub. for H. B. 2370, Removing the Commissioner of the Bureau for Public Health
from professional licensure boards; 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. 6), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being
as follows:
Nays: Householder and Howell.
Absent and Not Voting: Kump and Staggers.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2370) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Staggers previously noted to the Clerk that had she been present when the vote was
taken on the passage of Com. Sub. for H. B. 2370 (Roll No. 6), she would have voted "Yea"
thereon.
Second Reading
Com. Sub. for H. B. 2075, Relating to acquisition of a municipal business license; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
H. B. 2345, Changing the membership of the PEIA Financial Board; on second reading,
coming up in regular order, was read a second time.
On motion of Delegates Manchin and Lawrence, the bill was amended on page one, section
four, line two, following the words "and consists of", by inserting the words "the following
members, effective July 1, 2012".
There being no further amendments, the bill was ordered to engrossment and third reading.
H. B. 2521, Eliminating the requirement of serving domestic violence orders by certified mail; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Fleischauer and Frazier, the bill was amended page two, section
three hundred eleven, line three, following the words "being the", by inserting the words "most
current known".
And,
On page two, section three hundred eleven, line fourteen, following the word "unsuccessful"
and the period, by inserting the words "Simultaneously with the publication, the respondent shall
be served with the protective order and the order of publication by first class mail to the most current
known residence of the respondent."
There being no further amendments, the bill was 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:
H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information
Act,
Com. Sub. for H. B. 2438, Bringing older contradicting language still remaining in the code
into conformity with §3-2-5 and reestablishing a definition for "independent voter",
H. B. 2475, Including certain records of the Division of Juvenile Services in the exemptions
from disclosure under the Freedom of Information Act,
And,
Com. Sub. for H. B. 2556, Resetting the expiration date of provisions that allow the
employment of retired teachers as substitutes beyond the post-retirement employment limit.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Staggers.
At 11:21 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, January 25,
2011.