__________*__________
Monday, February 21, 2011
FORTY-FIRST 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, February 18, 2011, 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 introducing a resolution.
Resolutions
Delegates Longstreth, Barker, Fleischauer, Butcher, Fragale and Martin offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 92 - "Requesting the Joint Committee on Government and Finance study abusive
mistreatment of employees at work."
Whereas, The social and economic well-being of the state is dependent upon healthy and
productive employees. Between thirty-seven percent and fifty-nine percent of employees directly
experience health-endangering workplace bullying, abuse and harassment, and this mistreatment is approximately four times more prevalent than sexual harassment alone. Workplace bullying,
mobbing and harassment can inflict serious harm upon targeted employees, including feelings of
shame and humiliation, severe anxiety, depression, suicidal tendencies, cardiovascular disease and
symptoms consistent with posttraumatic stress disorder. Abusive work environments can have
serious consequences for employers, including reduced employee productivity and morale, higher
turnover and absenteeism rates and increases in medical and workers' compensation claims; and
Whereas, If mistreated employees who have been subjected to abusive treatment at work
cannot establish that the behavior was motivated by race, color, sex, sexual orientation, national
origin or age, they are unlikely to be protected by the law against such mistreatment. Legal
protection from abusive work environments should not be limited to behavior grounded in protected
class status as that provided under employment discrimination statuses; and
Whereas, Existing workers' compensation plans and common-law tort actions are
inadequate to discourage this behavior or to provide adequate relief to employees who have been
harmed by abusive work environments thus leaving the Legislature to enact a procedure to provide
legal relief for employees who have been harmed, psychologically, physically or economically, by
being deliberately subjected to abusive work environments and legal incentive for employers to
prevent and respond to abusive mistreatment of employees at work; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study abusive
mistreatment of employees at work and procedures for legal relief for employees who have been
harmed, psychologically, physically or economically, by being deliberately subjected to abusive work
environments and legal incentive for employers to prevent and respond to abusive mistreatment of
employees at work; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2012, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates C. Miller, Anderson, Andes, Azinger, Barill, Brown, Butcher, D. Campbell, T.
Campbell, Caputo, Cowles, Craig, Doyle, Ellem, Evans, Fleischauer, Frazier, Guthrie, Hall,
Hamilton, Hartman, Hatfield, Howell, Iaquinta, Ireland, Lawrence, Longstreth, Mahan, Manchin,
Marshall, Miley, Morgan, O''Neal, Pasdon, Perry, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling,
Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Skaff, Snuffer, Sobonya, Staggers,
Stephens, Stowers, Sumner, Wells, Hunt, Moye offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 93 - "Requesting the Division of Highways to name the eastbound bridge on
Interstate 64 at exit 11, specifically bridge number 10177, in Huntington, Cabell County, West
Virginia, The 'Glenn McArthur Lane Memorial Bridge', after Gunner 2nd Class Glenn McArthur
Lane.
Whereas, Glenn McArthur Lane was born on February 12, 1942 in Huntington, West
Virginia; and
Whereas, Glenn McArthur Lane was a 1961 graduate of Huntington High School; and
Whereas, Glenn McArthur Lane served our country for six years as a member of the Navy
as a Gunner's Mate Second Class; and
Whereas, Glen McArthur Lane bravely fought for his country in the Vietnam War on the
USS Tuner Joy; and
Whereas, Glenn McArthur Lane gave his life for freedom on October 26, 1965 in a gun
mount explosion onboard the USS Turner Joy; and
Whereas, Glenn McArthur Lane's name is listed on panel 02E, line 135 of the Vietnam
Veteran's Memorial Wall in Washington, DC; and
Whereas, It is fitting to honor Glenn McArthur Lane for his courageous and selfless service to our nation and the free world; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the eastbound bridge,
specifically bridge number 10177 on Interstate-64 at exit 11, in Huntington, Cabell County, West
Virginia as the "Glenn McArthur Lane Memorial Bridge; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed prominent signs identifying the bridge as the "Glenn McArthur Lane Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation, the Commissioner of the Division
of Highways and the surviving family of Glenn McArthur Lane.
Delegates Walters, Storch, Lane, Mr. Speaker (Mr. Thompson), Anderson, Andes, Armstead,
Ashley, Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Cann,
Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Ennis,
Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens, Hall, Hatfield, Householder,
Howell, Hunt, Iaquinta, Ireland, Jones, Kominar, Lawrence, Longstreth, Mahan, Manchin,
Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Nelson,
O'Neal, Overington, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M.
Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Snuffer,
Sobonya, Staggers, Stowers, Sumner, Swartzmiller, 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. 94 - "Supporting the 'Honor and Remember' Flag as an official emblem of the
service and sacrifice by the brave men and women of the United States Armed Forces who have
given their lives in the line of duty."
Whereas, While war deaths have been a part of our heritage since the birth of this nation, the United States has not instituted an official symbol commemorating fallen service persons; and
Whereas, House Resolution No. 1034 of the 111th Congress designates the Honor and
Remember Flag, created by Honor and Remember, Inc., to officially recognize and honor fallen
members of the armed forces; and
Whereas, The Honor and Remember Flag red field represents the brave men and women
who sacrificed their lives for freedom; and
Whereas, The Honor and Remember Flag blue star is a symbol of active service in military
conflict that dates back to World War I; and
Whereas, The Honor and Remember Flag white border recognizes the purity of sacrifice.
The gold star signifies the ultimate sacrifice of a warrior in active service who is not returning home
and reflects the value of the life given. The folded flag element highlights this nation's final tribute
to a fallen service person and a family''s sacrifice. The flame symbolizes the eternal spirit of the
departed; and
Whereas, The West Virginia Legislature calls for a unifying symbol recognizing this
nation's solemn debt to the estimated 1.6 million fallen service persons throughout history and the
families and communities who mourned their loss; therefore, be it
Resolved by the Legislature of West Virginia:
That this Legislature supports legislation to establish a national flag to honor and remember
those who have given their lives in military service for our great nation; and, be it
Resolved Further, The United States Congress is urged to adopt House of Representatives
Bill 1034 to select the "Honor and Remember" Flag which has been created by Honor and
Remember, Inc. To serve as a national symbol; and, be it
Resolved Further, That the Clerk of the House of Delegates transmit a copy of this resolution
to the members of the House of Representatives and Senate of the United States from West Virginia
so that they may be apprised of the sense of the West Virginia Legislature in this matter.
Delegates Savilla, C. Miller, Sumner, Hamilton, Williams, Barker, Iaquinta, Snuffer, O'Neal, Sobonya, Martin and Andes offered the following resolution, which was read by its title and referred
to the Committee on Rules:
H. R. 23 - "Designating July 18 annually, as 'Law-Enforcement Officer Memorial Day'."
Whereas, West Virginia can boast as having one of the lowest crime rates in the United
States. It is fitting and proper that law-enforcement officers be recognized, commended, encouraged
and honored for their contributions that have resulted in these statistics. Law-enforcement officers
give generously of themselves both in spirit and deed so others might share in the joy of living in a
free and democratic society; and
Whereas, Law-enforcement officers have the desire to help their fellow citizens in times
of need, no matter how dangerous or difficult the situation and in doing so often make the supreme
sacrifice; and
Whereas, We should honor and appreciate the outstanding law-enforcement officers who
have distinguished themselves with unselfish and exemplary service and have given their lives as
they "Serve and Protect" the community and its citizens; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates July 18 to be annually observed as "Law-
Enforcement Memorial Day"; and, be it
Further Resolved, That all West Virginians are encouraged to give due recognition to
law-enforcement officers for distinguishing West Virginia with one of the lowest crime rates in
America and for their unselfish and exemplary service to their communities and state.
Delegates Lawrence, Doyle and Householder offered the following resolution, which was
read by the Clerk as follows:
H. R. 24 - "Designating February 21, 2011 as 'Jefferson County Day' at the State Capitol.
Whereas, Jefferson County Day at the Capitol is sponsored and founded by West Virginia
Communication Outreach of Jefferson County, an all-volunteer, nonpolitical, nonpartisan, non-
denominational outreach organization structured to help benefit and increase the communications between Jefferson County residents, local governments and West Virginia State Government through
fact-finding and information-sharing; and
Whereas, Jefferson County Day at the Capitol is representative of five areas of Jefferson
County, Arts and Humanities, supported by Paul Pritchard, President and Board Member Julie Siler
of the Arts and Humanities Alliance of Jefferson County; Businesses, supported by Heather Morgan,
Director of Jefferson County Chamber of Commerce; Economic Development, supported by, Whitne
Burch, Research Assistant for Jefferson County Development Authority; Educational/University
Systems, supported by Susan Wall, Superintendent of Jefferson County Schools, Susan Sowers,
Patrick Blanc and Rob Perks, also of Jefferson County Schools, Craig Gilman, of American Public
University; and Tourism and Cultural Heritage, supported by Cheryl Keyrouze, Director of
Shepherdstown Visitors Center; and
Whereas, Jefferson County Day at the Capitol is encouraged in principal and supported
fiscally through the Jefferson County Convention and Visitors Bureau, the Jefferson County
Commission and the Jefferson County Development Authority; and
Whereas, Jefferson County Day at the Capitol will continue on as an annual event through
the efforts of West Virginia Communication Outreach of Jefferson County being committed to
developing and continuing to nurture an ongoing direct relationship between the residents of
Jefferson County and the State of West Virginia, while continuing to meet with West Virginia State
Legislators and develop relationships between counties to optimize our strengths and strengthen our
weaknesses; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates requests that February 21, 2011 is designated as "Jefferson
County Day" at the Capitol; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Governor, the Jefferson County Convention and Visitors Bureau, the Jefferson
County Commission and the Jefferson County Development Authority.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2208, Providing for actual costs to be paid for municipal audits and reducing the cap
on audits for Class IV municipalities,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2208 - "A Bill to amend and reenact §6-9-8 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §11-6G-17 of said code, all relating to
subsidizing the cost of services provided by the chief inspector to certain Class IV municipalities and
specifying the charge is for cost of the service,"
H. B. 2863, Providing for the costs of disability physical and/or mental examinations
approved by the Consolidated Public Retirement Board under the West Virginia State Police plan,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2863 - "A Bill to amend and reenact §15-2-31 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §15-2A-11 of said code, all relating to State
Police; providing for payment of medical costs of physical disability and/or mental disability
examinations approved by the Consolidated Public Retirement Board under the State Police Death,
Disability and Retirement plan and the West Virginia State Police Retirement System; providing for
reinstatement to active duty under certain conditions of formerly disabled State Police officers
considered no longer disabled from law enforcement work; and providing that a former disability
retirant reinstated to active duty with the State Police shall rejoin the retirement system in which
originally enrolled with restoration of credited service in force at the time of disability retirement,
And,
H. B. 3145, Providing a one-time bonus to certain annuitants of the Public Employees
Retirement System and the State Teachers Retirement System,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3145 - "A Bill to amend the Code of West Virginia, 1931, as amended,
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 the Public Employees Retirement System and
the State Teachers Retirement System; and providing for a one-time bonus payment for certain
annuitants,"
With the recommendation that the committee substitutes each 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. 3074, Relating to a certificate of convenience and necessity for taxi cab service,
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. 3074) was referred to
the Committee on the Judiciary.
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. 3032, Relating to emergency powers of the Secretary of State,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3032 - "A Bill to amend and reenact §3-1A-6 of the Code of West
Virginia, 1931, as amended, relating to emergency powers of the Secretary of State,"
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. 3142, Increasing the allowable number of magistrate court deputy clerks by five,
H. B. 3147, Increasing the annual salaries of supreme court justices, circuit judges, family
court judges and magistrates,
And,
H. B. 3157, Adding an additional family court judge to the twenty-third family court district,
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 bills (H. B. 3142, H. B. 3147 and
H. B. 3157) were each referred to the Committee on Finance.
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. 40, The "Joseph Homer Lloyd Bridge",
And,
H. C. R. 77, The "SP5 Lloyd 'Buddy' Greene Jr. Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Guthrie and Boggs:
H. B. 3203 - "A Bill to amend and reenact §5B-2-3 of the Code of West Virginia, 1931, as
amended, relating to creating a catalyst to assist communities with strategic and feasibility plans,
marketing analysis, environment impact statements and architectural and engineering costs"; to the Committee on Finance.
By Delegates Boggs, Caputo, Varner, Morgan and Fragale:
H. B. 3204 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5 and §12-6D-
6, all relating to the creation of the West Virginia Enterprise Resource Planning Board and Executive
Committee; powers of the board; management and control of Enterprise Resource Planning System;
officers; staff; committees; Enterprise Resource Fund; and transfer of enterprise resource planning
funds"; to the Committee on Government Organization then Finance.
By Delegates Boggs and Swartzmiller:
H. B. 3205 - "A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931,
as amended, relating to providing persons convicted of a criminal offense and sentenced to
confinement in a regional jail a reduction in sentence for successful completion of education and
rehabilitation programs; increasing the time permitted by a sentence reduction from one day to five
days per program; adding an alcohol awareness program to the programs offered; increasing the total
time permitted by sentence reduction to thirty days; and establishing an enrollment fee for each
program"; to the Committee on the Judiciary then Finance.
By Delegate C. Miller:
H. B. 3206 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §62-12-29, relating to recidivism reduction; providing definitions;
implementation of evidence-based practices to reduce recidivism; improvement of policies and
practices for crime victims; professional development; data collection, analysis and research; and
agency reports"; to the Committee on the Judiciary.
By Delegates Sobonya, Householder, C. Miller and Overington:
H. B. 3207 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §29-1K-1, §29-1K-2, §29-1K-3 and §29-1K-4, all relating to United
States citizenship"; to the Committee on the Judiciary.
By Delegate Cowles:
H. B. 3208 - "A Bill to amend and reenact §29-25-22a of the Code of West Virginia, 1931,
as amended, relating to the Human Resource Benefit Fund; requiring the allocation and distribution
of state funds to other post employee benefits; providing duties for State Treasurer; and imposing
requirements for the use of distributed allocations"; to the Committee on Government Organization
then Finance.
By Delegates Manypenny and Guthrie
[By Request of the Secretary of State's Office]:
H. B. 3209 - "A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931,
as amended; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530
of said code; to amend and reenact §31E-13-1320 of said code; and to amend and reenact §31E-14-
1430 of said code, all relating to permitting the Secretary of State to dissolve a corporate entity if its
professional license has been revoked or is in default with the Bureau of Employment Programs";
to the Committee on Government Organization then the Judiciary.
By Delegates Miley, Caputo, Manchin, Martin, Staggers and Stephens:
H. B. 3210 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §55-10A-1, §55-10A-2, §55-10A-3, §55-10A-4, §55-10A-5,
§55-10A-6, §55-10A-7, §55-10A-8, §55-10A-9 and §55-10A-10, all relating to creating the
Consumer and Employee Arbitration Fairness Act; specifying certain arbitration agreements are void
and unenforceable; requiring certain information to be disclosed; providing duties for arbitration
service providers; requiring notice to Attorney General; requiring disclosure of certain information
by arbitrators; addressing appointment of arbitrators; prohibiting the limiting the right to remedies;
and including provisions permitting the vacating of an award under specified circumstances"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then the
Judiciary.
By Delegates Mahan, Brown and Hunt:
H. B. 3211 - "A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931,
as amended, relating to minimum salary supplement and educational expense reimbursement for
professional personnel with recognized national certification"; to the Committee on Education then
Finance.
By Delegate C. Miller:
H. B. 3212 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section designated §62-12-29, relating to requiring community corrections
performance measurement standards for agencies responsible for supervising individuals placed on
probation, serving a period of parole or post-incarceration supervision after jail or prison"; to the
Committee on the Judiciary.
By Delegate C. Miller:
H. B. 3213 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §62-12-29, relating to the Community Corrections Performance
Incentive; intent; providing definitions; calculation of state prison savings by the West Virginia
Supreme Court of Appeals; providing for performance incentive funding; use of funds; and reports
to be provided"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny and Guthrie
[By Request of the Secretary of State's Office]:
H. B. 3214 - "A Bill to amend and reenact §29-4-15 of the Code of West Virginia, 1931, as
amended, relating to notaries and commissioners; and designating specific criteria for seals of
commissioners appointed by the Governor to acknowledge signatures"; to the Committee on
Government Organization.
By Delegate Hunt:
H. B. 3215 - "A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as
amended, relating to providing that taxicab companies are not required to subscribe to or pay into
the Workers' Compensation Fund by having insurance policies approved by the Insurance Commissioner"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Canterbury, Nelson, Caputo, White, Azinger, Pethtel, Anderson, Varner,
Kominar and Evans:
H. B. 3216 - "A Bill to amend and reenact §12-6-12 of the Code of West Virginia, 1931, as
amended, relating to investment restrictions on foreign securities"; to the Committee on Finance.
By Delegates C. Miller and Sobonya:
H. B. 3217 - "A Bill to amend and reenact §48-22-704 of the Code of West Virginia, 1931,
as amended, relating to adoptions; and providing that an order of adoption may be dissented to at any
time after entry by a person who was a minor at the time of the adoption"; to the Committee on the
Judiciary.
By Delegates Perdue, Ferns and Storch:
H. B. 3218 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §11-27-18 of said code, all relating to privilege tax on certain
occupations and services; reducing the tax on behavioral health services; and providing a definition
of that term"; to the Committee on Finance.
By Delegates C. Miller, Sobonya and Nelson:
H. B. 3219 - "A Bill to amend and reenact §3-1-34 of the Code of West Virginia, 1931, as
amended, relating to voting procedures; and requiring a voter to present an identifying document
which contains the name, address and a photograph of that person"; to the Committee on the
Judiciary.
By Delegates C. Miller, Sobonya and Sumner:
H. B. 3220 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §2-1-3, relating to the preservation of rights guaranteed by the
West Virginia Constitution and the United States Constitution when deciding the comity of a legal
decision in a foreign country, the choice of law used for contractual interpretations and choice of
forum; exempting businesses; making legislative findings; stating public policy; defining a term; and providing a severability provision"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 3221 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5 and §9-4F-6, all
relating to community-based services and supports for individuals with disabilities; establishing the
Community-Based Services Act; providing definitions for certain terms; defining the purpose of the
act; implementation of the act; standards and requirements of the Department of Health and Human
Resources to modify certain policies to improve access to community-based long-term care services;
legislative oversight; and requiring legislative rules"; to the Committee on Health and Human
Resources then Finance.
By Delegates Manypenny and Guthrie
[By Request of the Secretary of State's Office]:
H. B. 3222 - "A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as
amended, relating to authorizing the Secretary of State to charge fees for current electronic and
online services"; to the Committee on Government Organization then Finance.
By Delegate Householder:
H. B. 3223 - "A Bill to amend and reenact §9-6-1, §9-6-2, §9-6-9 and §9-6-11 of the Code
of West Virginia, 1931, as amended, all relating to complaints made against employees of the
Department of Health and Human Resources; permitting an employee to have a representative;
prohibiting a supervisor from acting as that representative; requiring the employee to be provided
with a written copy of the complaint; providing that an employee may respond in writing to an
allegation; and defining terms"; to the Committee on the Judiciary.
By Delegates T. Campbell, Kominar, Cann, Hall, Varner and Stowers:
H. B. 3224 - "A Bill to amend and reenact §5B-2E-7a of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7b, all
relating generally to tourism development projects; removing annual credit cap for expansion projects; providing rule for determining credit for multiyear, multiphase projects; and providing
consumers sales and service tax presumption"; to the Committee on Finance.
By Delegates M. Poling, Lawrence, Moye, Perry, Shaver, L. Phillips, Pethtel, Smith and
Paxton:
H. B. 3225 - "A Bill to amend and reenact §18-2C-2 and §18-2C-3 of the Code of West
Virginia, 1931, as amended, all relating to expanding the definition of harassment, intimidation or
bullying; requiring a student to attend two months of counseling if he or she is found to be harassing,
intimidating or bullying a fellow student; and setting forth the consequences for failure to comply
with the counseling requirement"; to the Committee on Education then the Judiciary.
By Delegates Poore, Evans, Fleischauer, Marshall, Manypenny, Mahan, Brown,
Hatfield and Morgan:
H. B. 3226 - "A Bill to amend and reenact §62-12-12 of the Code of West Virginia, 1931,
as amended, relating to qualification of members of the board of parole"; to the Committee on the
Judiciary.
By Delegate Longstreth:
H. B. 3227 - "A Bill to amend and reenact §5-11-3 of the Code of West Virginia, 1931, as
amended, relating to providing a definition of sex for unlawful discriminatory practices"; to the
Committee on the Judiciary.
By Delegates Fleischauer, Skaff, Stowers, Hall and Staggers:
H. B. 3228 - "A Bill to repeal §11-21-22a of the Code of West Virginia, 1931, as amended;
to amend and reenact §11-21-22 and §11-21-22b of said code; all relating to personal income tax;
and authorizing a refundable tax credit based upon the federal earned income tax credit"; to the
Committee on Finance.
By Delegates Skaff, Hatfield, Guthrie, Wells, Brown, Poore, Manchin and Longstreth:
H. B. 3229 - "A Bill to amend and reenact §3-3-2a and §3-3-3 of the Code of West Virginia,
1931, as amended, all relating to community voting locations; county clerk authorized to rotate community voting locations; and the voting period for early in-person voting"; to the Committee on
the Judiciary then Finance.
By Delegates J. Miller, Duke, Sobonya and Howell:
H. B. 3230 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new chapter, designated §61A-1-1, §61A-1-2 and §61A-1-3, all relating to creating the
'Immigration Law Enforcement Act'; requiring state and local law-enforcement agencies to assist
in the enforcement of federal immigration laws; and setting forth legislative intent"; to the
Committee on the Judiciary then Finance.
By Delegates Moye, Staggers, Manypenny, Perdue, Kominar, Hamilton and Cann:
H. B. 3231 - "A Bill to amend and reenact §60A-4-410 of the Code of West Virginia, 1931,
as amended, relating to doctor shopping and penalties in addition to clarifying allowable possession
of controlled substances"; to the Committee on the Judiciary.
By Delegates Canterbury, Walters, Hamilton, Evans and Azinger:
H. B. 3232 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931,
as amended, relating to consumers sales tax on motor vehicles; exemptions; and providing an
exemption on sales of motor vehicles using natural gas or dual purpose motor vehicles using a
combination of gasoline and natural gas as fuel"; to the Committee on Roads and Transportation then
Finance.
By Delegates Ashley, Miley, Michael, Boggs and Frazier:
H. B. 3233 - "A Bill to amend and reenact §46A-2-122 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §46A-2-128a, all
relating to the protection of consumers against certain actions of debt collectors"; to the Committee
on the Judiciary.
By Delegates Boggs, Cann, Kominar, Manypenny, Morgan, Perry, Shaver,
Swartzmiller and Varner:
H. B. 3234 - "A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of State, between January 15 and February 15 each year,
to notify every corporation, limited partnership, limited liability company and foreign limited
liability company currently registered to do business in this state of their duty to pay an annual report
fee"; to the Committee on Government Organization.
By Delegates T. Campbell and Canterbury:
H. B. 3235 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-22-4a, relating to creating a West Virginia Lottery Advisory
Board"; to the Committee on Government Organization then the Judiciary.
By Delegates Ashley, Frazier, Boggs, Michael and Miley:
H. B. 3236 - "A Bill to amend and reenact §49-6-5b of the Code of West Virginia, 1931, as
amended; and to amend and reenact §61-8D-1 and §61-8D-4 of said code, all relating to child abuse
and neglect, specifically, to provide additional conditions for which the Department of Health and
Human Resources is mandated to file a petition to terminate parental rights and to extend the
definition of neglect to include cohabiting with registered sex offenders"; to the Committee on the
Judiciary.
By Delegates Michael, Crosier, Ashley, Craig, Cann, Azinger, Varner, Williams and
Hartman:
H. B. 3237 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as
amended, relating to allowing an honorable military discharge to be an acceptable form of training
for a West Virginia concealed handgun permit"; to the Committee on the Judiciary.
By Delegates Howell, Evans, Hamilton, M. Poling, Rowan and Shaver:
H. B. 3238 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §24-2F-11a, relating to the Alternative and Renewable Energy
Portfolio Act"; to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 3239 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §11-16-13 of said code; and to amend and reenact §11-17-3 of
said code, all relating to taxation; eliminating the consumer sales and service tax on food; increasing
the tax on nonintoxicating beer per barrel from $5.50 to $6.35; increasing the rate of tax on cigarettes
from $0.55 to $1.35; increasing the excise tax on noncigarette tobacco products from seven percent
to fourteen percent; dedicating $5 million of the revenue for the first year to the Department of
Agriculture; and dedicating revenue to the Unemployment Compensation Trust Fund"; to the
Committee on Finance.
By Delegate D. Poling:
H. B. 3240 - "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 §24-2-1j of said code, all relating to the establishment of tax
credits against the coal severance tax and payments by taxpayers claiming the credit to utilities
providing electric service to energy intensive industrial consumers at special rates; legislative
findings; defining certain terms; and setting forth the amount of the tax credits, when the tax credits
may be taken, how the tax credits are to be calculated and allocated, how the payments triggered by
the tax credits are to be made to utilities, and when the provisions authorizing the tax credit expire";
to the Committee on Finance.
By Delegates M. Poling and Paxton:
H. B. 3241 - "A Bill to repeal §18B-10-5 and §18B-10-6 of the Code of West Virginia,
1931,to amend and reenact §18B-1-2 of said code; to amend and reenact §18B-1B-4 of said code;
to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-2A-8 of said code; to
amend and reenact §18B-10-1 of said code; to amend and reenact §18B-10-6a of said code; to amend
and reenact §18B-12-1, §18B-12-2, §18B-12-3 and §18B-12-6 of said code; and to amend and
reenact §18B-19-10 of said code, all relating to public higher education generally; higher education
governance; specifying certain powers and duties of certain higher education organizations;
specifying applicability of certain statutes and rules and providing certain exceptions; agreements with affiliated research corporations; and capital facilities and authorization of the higher education
organizations to sell, lease or convey property"; to the Committee on Education then Finance.
By Delegates Swartzmiller, T. Campbell and Manypenny:
H. B. 3242 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-23-12d; to amend and reenact §29-22A-6, §29-22A-10 and
§29-22A-10c of said code; and to amend and reenact §29-25-19 and §29-25-22 of said code, all
relating to allowing simulcast pari-mutuel racing within the confines of gaming facilities located at
historic resort hotels; defining terms; permitting the issuing of licenses; providing for payments;
setting forth conditions for out-of-state tracks and interstate pools; registering of persons conducting
wagering activities; setting forth the licensee's retainage; setting forth the amounts of payments made
by a licensee and to whom they are to be paid; requiring compliance with federal law; authorizing
rulemaking; exempting pari-mutuel wagering and equipment from state sales taxes; permitting
licensees at racetracks and historic resort hotels to establishing minimum and maximum wager limits
at video lottery terminals; authorizing the use of video lottery terminal bill acceptors for all United
States currency; reducing the required life for capital investments by licensees at racetracks to be
reimbursed from the Capital Investment Fund; extending the time for recoupment of expenditures
for capital improvements; requiring historic resort hotels to pay a portion of certain proceeds into
the Human Resources Fund; creating a Licensed Racetrack and Historic Resort Hotel Facility
Modernization Fund; requiring a certain portion of a licensed racetrack's gross terminal income to
be deposited into that new fund; and defining terms"; to the Committee on the Judiciary then
Finance.
By Delegates Stephens, Martin, D. Poling, Fleischauer, Morgan, Swartzmiller,
Reynolds, Moye, Butcher, Caputo and Craig:
H. B. 3243 - "A Bill to amend and reenact §8-15-11 of the Code of West Virginia, 1931, as
amended, relating to providing that appointments or promotions to positions in paid municipal fire
departments must be made from within the paid municipal department under jurisdiction of the municipal appointing authority"; to the Committee on the Judiciary.
By Delegates Hamilton, Azinger, Romine and Evans:
H. B. 3244 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-26, relating to limiting the amount recoverable in lawsuits
seeking damages for injury or death or property damage to the amount of insurance available to the
tortfeasor"; to the Committee on the Judiciary.
By Delegates Manypenny and White:
H. B. 3245 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-8-12, relating to education; compulsory school attendance;
establishing 'The School Truancy Pilot Study Project Act', a pilot program to allow the five or six
counties with the highest dropout rate to implement a program to help reduce truancy; and to provide
for its funding"; to the Committee on Education then Finance.
By Delegate Mahan:
H. B. 3246 - "A Bill to authorize the development and operation of a nursing home on the
grounds of a critical access hospital in Summers County"; to the Committee on the Judiciary.
By Delegates Perdue and Williams:
H. B. 3247 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5 and §9-4F-6, all
relating to community-based services and supports for individuals with disabilities; establishing the
Community-Based Services Act; providing definitions for certain terms; defining the purpose of the
Act; implementation of the Act; standards and requirements of the Department of Health and Human
Resources to modify certain policies to improve access to community-based long-term care services;
Legislative Oversight; and requiring legislative rules"; to the Committee on Health and Human
Resources then Finance.
By Delegate Manypenny:
H. B. 3248 - "A Bill to amend and reenact §3-1-8 of the Code of West Virginia, 1931, as amended, relating to elections and nominating procedures generally, and expanding the scope of the
definition of a political party"; to the Committee on the Judiciary.
By Delegates Manypenny, Doyle, Fleischauer, Brown and Perdue:
H. B. 3249 - "A Bill to amend and reenact §22-20-1 of the Code of West Virginia, 1931, as
amended, relating to the Department of Environmental Protection; creating independent Office of
Environmental Advocate; appointment of Director of the Office of Environmental Advocate; and
providing for salary, staff, powers, duties and rules"; to the Committee on Government Organization
then Finance.
By Delegate Guthrie:
H. B. 3250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-9D-22, relating to authorizing the School Building Authority
to award grants or moneys to county and local library boards in connection with public library
construction projects, from any funds appropriated by the Legislature; defining 'public library
construction project'; requiring a demonstration of county or local effort and fund raising before
grants or moneys may be awarded for a public library construction project; describing what costs
may be paid by the School Building Authority; setting forth additional powers of authority
concerning construction projects; and authorizing the authority to establish guidelines and
procedures for the award of grants or moneys for public library construction projects"; to the
Committee on Finance.
By Delegate Manypenny:
H. B. 3251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-8A-1, §16-8A-2, §16-8A-3, §16-8A-4, §16-8A-5, §16-8A-6,
§16-8A-7, §16-8A-8, §16-8A-9, §16-8A-10, §16-8A-11, §16-8A-12, §16-8A-13 and §16-8A-14, all
relating to creating the 'Compassionate Use Medical Marijuana Act'; stating legislative intent;
permitting the medical use of marijuana; determining the types of patients and their physicians and
caregivers who are exempt from prosecution; limiting the amount of marijuana that may be possessed; designating compassion centers; requiring sales tax to be collected and deposited into a
special fund for drug prevention and abuse; prohibiting the operation of a motor vehicle; requiring
the use of identification cards; requiring record keeping to be confidential; permitting funding;
requiring reports; collecting sales tax; setting forth duties of the State Police; defining terms; and
granting rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegate Staggers:
H. B. 3252 - "A Bill to amend and reenact §60-8-30 of the Code of West Virginia, 1931, as
amended, relating to allowing wine distribution agreements to be by geographic areas and not the
state as a whole"; to the Committee on the Judiciary.
By Delegates Sobonya, Poore, C. Miller, Brown and Fleischauer:
H. B. 3253 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-8B-19, relating to forensic-medical examination services for
victims of sexual offenses"; to the Committee on the Judiciary.
By Delegates Manypenny, Perdue, Staggers, Frazier, Barill, Mahan, Guthrie,
Fleischauer, Longstreth and Doyle:
H. B. 3254 - "A Bill to amend and reenact §22-5-1 of the Code of West Virginia, 1931, as
amended, relating to adding oil and gas facilities, wells, pipelines and tanks to the coordinated
statewide program of air pollution prevention"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Householder, Duke, J. Miller, Ellington and Gearheart:
H. B. 3255 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to exceptions as to prohibitions against carrying concealed deadly weapons;
relating to officers of the Division of Corrections or the Regional Jail Authority"; to the Committee
on the Judiciary.
By Delegates Overington, Duke, Michael, Rowan, Evans and J. Miller:
H. B. 3256 - "A Bill to amend and reenact §60-7-10 and §60-7-12 of the Code of West
Virginia, 1931, as amended, relating to requiring the closing hours of private clubs to be two o'clock a.m."; to the Committee on the Judiciary.
By Delegate Smith:
H. B. 3257 - "A Bill to amend and reenact §27-6A-3 of the Code of West Virginia, 1931,
as amended, relating to competency and criminal responsibility of persons charged or convicted of
a crime; and to the evaluation standard used in releasing forensic admissions from mental health
facilities to a less restrictive environment"; to the Committee on the Judiciary.
By Delegate Smith:
H. B. 3258 - "A Bill to amend and reenact §27-6A-11 of the Code of West Virginia, 1931,
as amended, relating to providing forensic evaluators with civil immunity for acts committed by the
subject of the evaluation"; to the Committee on the Judiciary.
By Delegate Smith:
H. B. 3259 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931,
as amended, relating to aggressive and violent behavior that is otherwise criminal activity of persons
committed to state hospitals; authorizing immediate discharge and transportation to a regional jail";
to the Committee on the Judiciary.
By Delegate C. Miller:
H. B. 3260 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §62-12-29, relating to probation and parole; and adding certain
sanctions for violations of probation and parole"; to the Committee on the Judiciary.
By Delegates Manypenny, Barker, Moye, Hunt, Poore and Brown:
H. B. 3261 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5 and §16-43-6;
and to amend and reenact §46A-6-102 of said code, all relating to creating the 'BPA-Free Kids Act';
prohibiting the manufacture, sale, and distribution of infant formula or baby food stored in a plastic
container, jar, or can containing bisphenol A; prohibiting the manufacture, sale, and distribution of
any reusable food or beverage container containing bisphenol A; enforcement and penalties; and legislative rules"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Manchin, Mahan, D. Poling, L. Phillips, Miley and Caputo:
H. B. 3262 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-1-3a, relating to requiring persons engaged in natural gas
horizontal well drilling activities to annually submit a report to the Department of Labor identifying
the state of residency of the individuals who perform the well drilling work"; to the Committee on
Government Organization then the Judiciary.
By Delegates Armstead, Nelson, Skaff, Kominar, C. Miller and Miley:
H. B. 3263 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding
thereto a new section, designated §8-15-8d; and to amend and reenact §60-3-17 of said code, all
relating to providing assistance to volunteer fire departments; creating new Volunteer Firefighters
Workers' Compensation and Volunteer Retention Fund to which the Alcohol Beverage Control
Commissioner is directed to transfer funds; providing for the allocation and distribution of state
funds to volunteer fire companies and departments for the purpose of defraying the cost of workers'
compensation payments; providing duties for State Treasurer and State Insurance Commissioner;
imposing requirements for the use of distributed allocations; and providing disposition of
undistributed portion of the funds"; to the Committee on the Judiciary then Finance.
By Delegates Fragale, Paxton and Iaquinta:
H. B. 3264 - "A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931,
as amended, relating to designating $10 million of the State Excess Lottery Revenue Fund for the
funding of high school and middle school athletics"; to the Committee on Education then Finance.
By Delegates Pethtel and Miley:
H. B. 3265 - "A Bill to amend and reenact §60A-4-401 of the Code of West Virginia, 1931,
as amended, relating to making the possession of heroin, without a valid prescription, by a person,
acting in the course of his or her professional practice, a felony; and providing penalties"; to the
Committee on the Judiciary.
By Delegates Doyle, Guthrie, Ferro, Frazier, Reynolds and Walters:
H. B. 3266 - "A Bill to repeal §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6 and
§39-4-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto
a new article, designated §39-4A-101, §39-4A-102, §39-4A-103, §39-4A-104, §39-4A-105,
§39-4A-106, §39-4A-107, §39-4A-108, §39-4A-109, §39-4A-110, §39-4A-111, §39-4A-112,
§39-4A-113, §39-4A-114, §39-4A-115, §39-4A-116, §39-4A-117, §39-4A-118, §39-4A-119,
§39-4A-120, §39-4A-121, §39-4A-122, §39-4A-123, §39-4A-124, §39-4A-125, §39-4A-126,
§39-4A-127, §39-4A-128, §39-4A-129, §39-4A-130, §39-4A-131, §39-4A-132, §39-4A-133,
§39-4A-134, §39-4A-135, §39-4A-136, §39-4A-137, §39-4A-138, §39-4A-139, §39-4A-140,
§39-4A-141, §39-4A-142, §39-4A-143 and §39-4A-144, all relating to repealing the Uniform
Durable Power of Attorney Act; creating the Uniform Power of Attorney Act; providing a short title;
providing definitions; stating the applicability of the act; providing that the power of attorney is
durable; providing for the execution and validity of power of attorney; nominating a conservator or
guardian and relation of agent to court-appointed fiduciary; providing when power of attorney
effective; terminating the power of attorney or agent's authority
SECTION 110. TERMINATION OF POWER OF ATTORNEY OR AGENT'S AUTHORITY; providing for coagents and
successor agents; providing for reimbursement and compensation of agent; providing for an agent's
acceptance and duties; and providing other specific instances where the power of attorney may
apply"; to the Committee on the Judiciary.
By Delegates Boggs and Armstead:
H. B. 3267 - "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 an additional decreasing
modification reducing federal adjusted gross income for income earned by military personnel and
their spouses during a period of service in an area of armed conflict"; to the Committee on Finance.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were each reported by the Clerk and adopted:
H. C. R. 62, The "Rick Howard Sanders Memorial Bridge",
And,
H. C. R. 74, The "Larkin Ours Memorial Bridge",
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. 2542, Clarifying requirements and procedures for access to cemeteries
and grave sites located on private land; 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. 118),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Gearheart.
Absent and Not Voting: Fragale and D. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2542) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2765, Relating to the retirement plans administered by the West Virginia Consolidated
Public Retirement Board; 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. 119),
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: Fragale and D. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2765) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 120), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: D. Campbell, Fragale and D. Poling.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2765) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2766, Relating to contribution rate for the Deputy Sheriff Retirement
System; 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. 121),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Duke.
Absent and Not Voting: Fragale and D. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2766) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 122), 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: Fragale and D. Poling.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2766) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2921, Redefining final average salary; on third reading, coming up in
regular order, was, on motion of Delegate Boggs, laid over.
Com. Sub. for H. B. 2939, Clarifying the definition of compensation for purposes of
calculating required contributions to the public employees retirement system; 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. 123),
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: Fragale and D. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2939) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for S. B. 382, Specifying activities entitling certain members of National Guard
or reserve to leave of absence,
Com. Sub. for H. B. 2378, Agreement among the states to elect the president by national
popular vote,
Com. Sub. for H. B. 2639, Authorizing miscellaneous boards and agencies to promulgate
legislative rules,
H. B. 2791, Requiring the Superintendent of the State Police to implement a plan to increase
the number of troopers,
Com. Sub. for H. B. 2889, Creating the "Jason Flatt Act of 2011",
H. B. 2971, Relating to the definition of the term "durable medical equipment",
H. B. 2993, Relating to the West Virginia Commercial Patents Incentives Tax Act,
H. B. 3013, Extending the Broadband Deployment Council,
And,
Com. Sub. for H. B. 3060, Providing a different procedure for determining the credit for
utility taxpayers with net operating loss carryovers relating to the corporation net income tax.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale and D. Poling.
Remarks by Members
Delegate Guthrie addressed the House concerning the prevention of teen pregnancy, and at
the conclusion of her remarks, Delegate Fleischauer asked and obtained unanimous consent that they
be included in the Appendix to the Journal.
Delegate Lawrence addressed the House concerning Jefferson County Appreciation Day, and
at the conclusion of her remarks, Delegate Smith asked and obtained unanimous consent that they
be printed in the Appendix to the Journal
At 12:14 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 22,
2011.