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House Journal


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Day 105 (05-26-2009)
Day 106 (05-27-2009)
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Day 110 (05-31-2009)
hdj2009-02-27-17


__________*__________




Friday, February 27, 2009

SEVENTEENTH 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 Thursday, February 26, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Argento, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 2474, Exempting land-based finfish aquiculture facilities from certain sludge management requirements,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2474) was referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2153, Architects, Fees for Registration,
     H. B. 2175, Social Work Examiners, Fee Schedule,
     And,
     H. B. 2233, Veterinary Medicine, Schedule of Fees,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2153, H. B. 2175 and H. B. 2233) were each referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2178, Accountancy, Board Rules and Rules of Professional Conduct,
     And,
     H. B. 2186, Architects, Registration,.
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2178 and H. B. 2186) were each referred to the Committee on the Judiciary.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2418, Relating to exemptions from disclosure under the Freedom of Information Act,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2418 - "A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to granting exemptions from disclosure under the Freedom of Information Act for certain information retained by the Division of Corrections and the Regional Jail Authority,"
     With the recommendation that the committee substitute do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2685, Amending the Uniform Principal and Income Act,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2685 - "A Bill to amend and reenact §44B-4-409 of the Code of West Virginia, 1931, as amended; to amend and reenact §44B-5-505 of said code; and to amend said code by adding thereto a section, designated §44B-6-606, all relating to amending the Uniform Principal and Income Act; compliance with IRS comments regarding allocation of IRA distributions; clarify the formula for calculating how much a trust needs to distribute and how much it can use to pay taxes; and effective dates of amendments,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 2685) to the Committee on Finance was abrogated.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2040, Providing that a recognizance secured by execution of a bail bond is void upon the finding that the accused is guilty,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2040 - "A Bill to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to release of bail bonds; and providing for release of bonds upon the defendant being sentenced or beginning to serve the sentence; and providing that bonds shall not be continued for the purpose of collecting court costs or fines assessed,"
     With the recommendation that the committee substitute do pass.

Resolutions Introduced

     Delegates Iaquinta, Doyle, Guthrie, Hatfield, Manchin, Morgan, Paxton, Stephens, Anderson, Azinger, Barker, Brown, Butcher, Campbell, Cann, Cowles, Crosier, Duke, Eldridge, Evans, Hall, Hamilton, Hartman, Hunt, Lawrence, Longstreth, Louisos, Martin, Michael, C. Miller, D. Poling, M. Poling, Reynolds, Rodighiero, Ross, Rowan, Schadler, Shaver, Skaff, Smith, Spencer, Stowers, Tabb, Walker, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 13 -- "Requesting the United States Congress to provide funding for the completion of Corridor H from Elkins to Washington, D.C."
     Whereas, In order to achieve comprehensive economic development and social growth, it is necessary to provide access to this area of West Virginia; and
     Whereas, The highway must be completed to facilitate safe and effective transportation of goods and products through the area while allowing for safe and convenient passage of new business employees and customers alike; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Congress of the United States is hereby urged to provide funding for the completion of Corridor H from Elkins to Washington, D.C.; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President, United States Senators Robert C. Byrd and John D. Rockefeller IV, Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito and the Governor.
     Delegates Moye, Swartzmiller, Staggers, Azinger, Beach, Campbell, Cowles, Duke, Eldridge, Ellem, Fleischauer, Hall, Hamilton, Ireland, Marshall, C. Miller, Paxton, D. Poling, M. Poling, Rodighiero, Rowan, Schadler, Shook, Sobonya, Stephens, Stowers, Sumner and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 16 - "Designating March 1-7, 2009, as National Problem Gambling Awareness Week in West Virginia."
     Whereas, On behalf of the citizens of West Virginia, the House of Delegates joins the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia in promoting March 1-7, 2009, as National Problem Gambling Awareness Week in West Virginia; and
     Whereas, Promoting the awareness week provides individuals in the problem gambling community an opportunity to educate the public and policymakers about the social and financial effectiveness of services available for problem gambling; and
     Whereas, Problem gambling is a public health issue affecting millions of Americans of all ages, races, and ethnic backgrounds in all communities and which has a significant societal and economic cost; and
     Whereas, Problem gambling is treatable and treatment is effective in minimizing the harm to both individuals and society as a whole; and
     Whereas, Numerous individuals, professionals and organizations have dedicated their efforts to the education of the public about problem gambling and the availability and effectiveness of treatment; and
     Whereas, The Legislators of West Virginia, the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia invite all residents of West Virginia to participate in National Problem Gambling Awareness Week; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates joins the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia in promoting the week of March 1-7 as National Problem Gambling Awareness Week in West Virginia and encourages all citizens to help spread the message that there is help for problem gamblers through treatment, and to support those who are in treatment and recovery and their families.
     Mr. Speaker, Mr. Thompson, and Delegates Martin, Argento, Barker, Boggs, Brown, Butcher, Caputo, Crosier, Eldridge, Ellem, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hatfield, Hunt, Hutchins, Iaquinta, Klempa, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Miley, Moore, Moye, Paxton, Perdue, Perry, Pethtel, D. Poling, M. Poling, Shaver, Shook, Spencer, Staggers, Stephens, Stowers, SUsman, Varner, Walker, Webster, Wells, White and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 17 - "Urging the 111th United States Congress to pass the Employee Free Choice Act to authorize the National Labor Relations board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them or by a secret ballot election should 30% of the workers choose a ballot election."
     Whereas, In 1935, the United States established, by law, that workers must be free to form unions; and
     Whereas, The freedom to form or join a union is internationally recognized as a fundamental human right; and
     Whereas, Union membership provides workers better wages and benefits, and protection from discrimination and unsafe workplaces; and
     Whereas, Workers want to organize, but can't, when more than 40 million U. S. workers say they would join a union now if they had the opportunity; and
     Whereas, Even though on paper America's workers have the freedom to choose for themselves whether to have a union, in reality, workers across the nation are routinely denied that right; and
     Whereas, When the right of workers to form a union is violated, wages fall, race and gender pay gaps widen, workplace discrimination increases and job safety standards disappear; and
     Whereas, Many thousands of American's workers are routinely threatened, coerced or fired each year because they try to form a union; and
     Whereas, Most violations of workers freedom to choose a union occur behind closed doors and each year millions of dollars are spent to frustrate workers' efforts to form unions; and
     Whereas, A worker's fundamental right to choose a union is a public issue that requires public policy solutions, including legislative remedies; and
     Whereas, The Employee Free Choice Act, legislation introduced in the 111th U. S. Congress in order to restore worker's freedom to join a union; therefore, be it
     Resolved by the House of Delegates:
     That the West Virginia Legislature supports the Employee Free Choice Act, legislation introduced in the 111th Congress of the United States that would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them or by a secret ballot election should be 30% of the workers choose a ballot election; provide for first contract mediation and arbitration; and establish meaningful penalties for violations of a worker's freedom to choose a union; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the State's Congressional representatives.
     Mr. Speaker, Mr. Thompson, and Delegates Klempa, Anderson, Argento, Azinger, Barker, Beach, Boggs, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Crosier, Eldridge, Ellem, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Kominar, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, McGeehan, Michael, Miley, C. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith, Spencer, Stephens, Stowers, Sumner, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 18 - "Expressing the will of the House of Delegates regarding Congress and President Obama planning a taxpayer-sponsored economic recovery package and the spending of economic recovery plan  moneys."
     Whereas, The economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in an increasingly difficult environment; and
     Whereas, Those same Americans are the taxpayers that provide the revenue needed to operate essential government services; and
     Whereas, Congress and President Obama are planning a taxpayer-sponsored economic recovery package that will provide billions of dollars to help economically devastated cities and states, immediately provide jobs to millions of out-of-work Americans through considerable infrastructure rebuilding, green energy projects and other projects that will require manufactured components; and
     Whereas, Any domestically produced products that are purchased with economic recovery plan moneys will immediately help struggling American families and will help stabilize our greater economy; and
     Whereas, Any economic recovery plan spending should - to every extent possible - include a commitment from the State of West Virginia to buy materials, goods and services for projects from companies that are produced within the United States, thus employing the very workers that pay taxes for the economic recovery plan spending in the first place; therefore, be it
     Resolved by the House of Delegates:
     That the State of West Virginia will work to maximize the creation of American jobs and restoring economic growth and opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans employed; and, be it
     Further Resolved, That we commit to purchasing only products and services that are made or performed in the United States of America whenever and wherever possible with any economic recovery moneys provided to the State of West Virginia by the American taxpayers; and, be it
     Further Resolved, That as Legislators of the State of West Virginia, we commit to publicize any requests to waive these procurement priorities so as to give American workers and producers the opportunity to identify and provide the American products and services that will maximize the success of our nation's economic recovery program.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Azinger, Evans and D. Poling:

     H. B. 2861 - "A Bill to repeal §18-7A-38 of the Code of West Virginia, 1931, as amended, relating to repealing the one hundred forty day limitation that a retired school teacher may teach in public schools"; to the Committee on Pensions and Retirement then Finance.
By Delegates Azinger, Evans and D. Poling:

     H. B. 2862 - "A Bill to amend and reenact §17-24A-4 of the Code of West Virginia, 1931, as amended, relating to towing companies notifying the DMV of abandoned vehicles that have been towed and levying a penalty against the owner of the abandoned vehicle if the fees for towing are not paid in full"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Manchin, White, Caputo, Morgan, M. Poling, Webster, Boggs, Fragale, Schadler and Perdue:

     H. B. 2863 - "A Bill to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-1-5 of said code; to amend and reenact §24-2-11 of said code; to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to construction of state utility projects; putting limitations on engineering design and construction inspection fees for state and state subdivision sponsored utility construction; requiring all Water Development Authority sponsored utility projects to get authorization prior to removal of proposed customers of a project; requiring the governmental agency administering the utility project to perform an annual maintenance audit of the utility; altering the number of customers or proposed customers protesting requiring a formal hearing; reducing time periods for the Public Service Commission to review and approve certain applications by public utilities for certificate of public convenience and necessity; providing for additional members of the West Virginia Infrastructure and Jobs Development Council; and requiring a study of engineering costs by the West Virginia Infrastructure and Jobs Development Council"; to the Committee on Political Subdivisions then Government Organization.
By Delegate White:

     H. B. 2864 - "A Bill to amend and reenact §3-4A-1, §3-4A-2, §3-4A-11a, §3-4A-15, §3-4A-17, §3-4A-19, §3-4A-26 and §3-4A-27 of the Code of West Virginia, 1931, as amended, all relating to electronic voting systems; prohibiting the use of touch screen voting machines"; to the Committee on the Judiciary then Finance.
By Delegates Hunt, White, Webster, Moore, Paxton, Hatfield, Perdue, Spencer, Wells and Tabb:

     H. B. 2865 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to exempting those children who have a prolonged absence from school due to being severely handicapped or mentally challenged, from having to provide the otherwise appropriate written excuse from a physician or school nurse"; to the Committee on Education.
By Delegates Hunt, White, Moore, Perdue, Reynolds, Skaff, Spencer, Louisos, Hamilton and Schadler:

     H. B. 2866 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to allowing a license to carry a deadly weapon to remain valid until the applicant receives notice from the applicable county sheriff of the issuance or denial of the renewal application"; to the Committee on the Judiciary.
By Delegates Hunt, Webster, Moore, Paxton, Hatfield, Wooton, Hutchins, Skaff, Doyle and Wells:

     H. B. 2867 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §5-16B-6e; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to autism spectrum disorder; requiring coverage for early detection, diagnosis and treatment of autism spectrum disorder by all insurance policies and insurance plans provided by the West Virginia Public Employees Insurance Act, all accident and sickness policies, all group accident and sickness policies, all small employer accident and sickness policies and all plans for health services or accident or sickness insurance provided by the West Virginia Children's Health Insurance Program which provide coverage for hospital, surgical or medical care coverage in the state; providing requirements and limitations on required coverage; and exceptions"; to the Committee on Banking and Insurance then Finance.
By Delegates Hunt, White, Webster, Perdue, Paxton, Hatfield, Moore, Tabb, Spencer and Wells:

     H. B. 2868 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to allowing a subtraction from federal gross income for state personal income tax purposes for any amount paid by a trust established by the parents (now deceased) of an autistic minor for the support of the minor for state income tax purposes"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Staggers, Susman, Caputo, Ferro, Michael, Brown, Hunt, Miley, Barker and Moore:

     H. B. 2869 - "A Bill to amend and reenact §3-8-5b and §3-8-7 of the Code of West Virginia, 1931, as amended, all relating to lengthening the time frame for the filing of final post-primary and post-general campaign financial statements"; to the Committee on the Judiciary.
By Delegates Paxton, Stowers, Perry, Caputo, Boggs, Pethtel, Fragale, M. Poling, Duke, Campbell and Spencer:

     H. B. 2870 - "A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Moye, Barker, M. Poling, Stephens, Campbell, Schoen, Rodighiero, D. Poling and Argento:

     H. B. 2871 - "A Bill to amend and reenact §21-1B-2 and §21-1B-3 of the Code of West Virginia, 1931, as amended, all relating to verifying legal employment status of workers; providing new definitions; requiring employers to register with and utilize the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a); 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program; and providing dates by which employers are to meet the verification requirements"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Fleischauer, Shook, Marshall, Beach, Moye, Perry, Canterbury, Doyle, Hartman, Cowles and Susman:

     H. B. 2872 - "A Bill to amend and reenact §5A-3B-1 of the Code of West Virginia, 1931, as amended, to amend and reenact §18-5-9a, all relating to allowing county school boards to enter into energy-saving contracts and allow them to extend fifteen years"; to the Committee on Education then the Judiciary.
By Delegates Lawrence, D. Poling, Klempa and Marshall:

     H. B. 2873 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-2-10, relating to taxation; count assessors; requiring assessors to create a cost of housing index to be filed annually with the Tax Commissioner and Legislature; and contents of the index"; to the Committee on Government Organization then Finance.
By Delegates Staggers, Moye, Shaver, Perry, Tabb, Martin, Argento, Smith, Moore, Michael and Williams:

     H. B. 2874 - "A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to providing a rebuttable presumption that a volunteer firefighter has developed a pulmonary disease or sustained a cardiovascular injury for workers' compensation benefits provided certain conditions of employment have been met; eliminating the rebuttable presumption that cardiovascular disease is a compensable injury for firefighters; and changes the six month time frame for certain firefighter injuries to six weeks"; to the Committee on the Judiciary then Finance.
By Delegates D. Poling, Ellem, Williams and Michael:

     H. B. 2875 - "A Bill to amend and reenact §17A-2-9 of the Code of West Virginia, 1931, as amended, relating to exempting Changeable Message Signs from the rulemaking authority of the Department of Motor Vehicles"; to the Committee on Government Organization.
By Delegate Louisos:

     H. B. 2876 - "A Bill to amend and reenact §17B-3-3c of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Motor Vehicles to reinstate the license of a person within thirty days upon the division receiving the applicable proof of compliance with the payment of fines or penalties by the person"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Lawrence, Phillips, D. Poling, Stowers, Ferro, Argento and Schadler:

     H. B. 2877 - "A Bill to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating to increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol; and removing the exception that relatives may furnish alcohol to a minor"; to the Committee on the Judiciary.
By Delegate Ashley:

     H. B. 2878 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5, all relating to requiring physicians to file regular reports with the Department of Health and Human Resources regarding patients who require medical treatment as a result of an abortion; and providing criminal penalties for violation"; to the Committee on the Judiciary.
By Delegates Iaquinta, Klempa, Fragale, Argento, Eldridge and Givens:

     H. B. 2879 - "A Bill to amend and reenact §61-8D-3 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum prison sentence from two years to five years without the possibility of parole for a parent, guardian or custodian who abuses a child that results serious bodily injury"; to the Committee on the Judiciary then Finance.
By Delegates Reynolds, Eldridge, Stephens, Sobonya and C. Miller:

     H. B. 2880 - "A Bill to amend and reenact §61-8D-2 of the Code of West Virginia, 1931, as amended, relating to creating the crime of murder of a child by a parent who exposes his or her child to the manufacturing of a controlled substance"; to the Committee on the Judiciary then Finance.
By Delegates Hunt, Perdue, Webster, Hatfield, Hutchins, Moore, Tabb, Louisos, Ferro and Wells:

     H. B. 2881 - "A Bill to amend and reenact §61-3-39n and §61-3-39p of the Code of West Virginia, 1931, as amended, all relating to fees charged for worthless checks; and providing that a bank or financial institution or the prosecuting attorney may not charge a fee larger than five percent of the face amount of the check, draft or order under the worthless check restitution program"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 2882 - "A Bill to repeal §11-16-28 of the Code of West Virginia, 1931, as amended; to repeal §19-23-6 and §19-23-30 of said code; to repeal §29-5A-2 of said code; to repeal §29-22-26 of said code; to repeal §60-2-2, §60-2-3, §60-2-7, §60-2-9, §60-2-11, §60-2-12 and §60-2-13 of said code; to amend and reenact §5F-1-3a of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §11-9-2 and §11-9-2a of said code; to amend said code by adding thereto a new section, designated §11-9-2b; to amend and reenact §11- 16-3, §11-16-4 and §11-16-27 of said code; to amend and reenact §11B-1-2 of said code; to amend and reenact §19-23-1, §19-23-2, §19-23-3, §19-23-4, §19-23-5, §19-23-11, §19-23-16, §19-23-17 and §19-23-28 of said code; to amend and reenact §29-5A-1, §29-5A-3, §29-5A-5, §29-5A-14 and §29-5A-24 of said code; to amend and reenact §29-22-1, §29-22-2, §29-22-3, §29-22-4, §29-22-5, §29-22-6, §29-22-7, §29-22-8, §29-22-13 and §29-22-19 of said code; to amend said code by adding thereto a new section, designated §29-22-8a; to amend and reenact §29-22A-3, §29-22A-7 and §29-22A-10 of said code; to amend and reenact §29-22B-306 and §29-22B-308 of said code; to amend said code by adding thereto a new section, designated §29-22B-335; to amend and reenact §29-22C- 3 of said code; to amend and reenact §29-25-2 of said code; to amend said code by adding thereto two new sections designated §47-20-1a and §47-20-1b; to amend and reenact §47-20-2 of said code; to amend said code by adding thereto two new sections, designated §47-21-1a and §47-21-1b; to amend and reenact §47-21-2 of said code; to amend said code by adding thereto two new sections, designated §47-23-1a and §47-23-1b; to amend and reenact §47-23-2 of said code; to amend and reenact §60-1-4 and §60-1-5 of said code; to amend and reenact §60-2-1 of said code; to amend and reenact §60-3A-9 of said code; and to amend said code by adding thereto one new section, designated §60-3A-32; all relating to the transfer of authority over racing, boxing, charitable bingo, charitable raffle, charitable raffle boards, charitable games and lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control Commission within the Department of Revenue; establishing findings; renaming Lottery Commission as State Gaming and Alcohol Control Commission; establishing commission membership requirements; establishing that no member may have a vested interest in commission-regulated entities; abolishing the Racing Commission and the Athletic Commission and transferring their respective powers and duties to State Gaming and Alcohol Control Commission; transferring powers and duties of Tax Commissioner involving charitable bingo and raffles and charitable raffle boards and games to State Gaming and Alcohol Control Commission; transferring employees from the regulation of bingo, charitable raffle, and charitable raffle boards and games to the State Gaming and Alcohol Control Agency; specifying effective dates; creating the position of the Director of the State Gaming and Alcohol Control Agency; providing for the salary of the director and review of the compensation of the director and the chair and members of the State Gaming and Alcohol Control Commission; providing that bingo, charitable raffle, and charitable raffle boards and games fees be appropriated into a nonappropriated special account established in the State Treasury to pay salaries and other expenses of the State Gaming and Alcohol Control Agency and that excess fees be transferred to the General Revenue Fund; defining terms; providing the transfer of administration of the regulation of nonintoxicating beer to the State Gaming and Alcohol Control Commission from the Tax Commissioner; providing that the director appoint employees of the State Gaming and Alcohol Control Agency to regulate nonintoxicating beer; providing for a percentage of taxes imposed on nonintoxicating beer be deposited for administrative expenses of the State Gaming and Alcohol Control Agency; providing that the Secretary of the Department of Revenue maintain his or her principal office at the seat of government and providing that offices and divisions of the department may maintain offices elsewhere; providing for the regulation of horse and dog racing by the State Gaming and Alcohol Control Commission; abolishing the Racing Commission; providing for an omnibus report to the Governor that includes the divisions of the State Gaming and Alcohol Control Agency; abolishing the position of Racing Secretary and other offices; providing that the director employ certain racing employees; providing for the transfer of employees from the Racing Commission; providing for the distribution of revenues from racing license taxes or pari-mutuel pools taxes; providing for a procedure for the suspension or revocation of a racing permit, including a hearing examiner; abolishing the State Athletic Commission; providing for the deposit of boxing, sparring, and license promoter's license fees and providing for their use by the State Gaming and Alcohol Control Agency; providing that rules promulgated by the State Athletic Commission remain in full force and effect; establishing legislative purpose; providing for the continuation of judicial rulings; providing that the State Gaming and Alcohol Control Commission and the Director of the State Gaming and Alcohol Control Agency has jurisdiction over horse and dog racing, charitable bingo gaming and charitable raffle gaming, the sport of boxing, and nonalcoholic beer and alcohol; providing that the State Gaming and Alcohol Control Commission may adopt emergency rules; providing that the Director of the State Lottery Office shall continue as the Director of the State Gaming and Alcohol Control Agency until a successor is appointed; creating divisions within the State Gaming and Alcohol Control Agency; providing that the Director may authorize games; providing that certain law enforcement agencies and the Attorney General shall provide information regarding lottery to the Director; providing that the Director may designate enforcement agents and authorizing agents to investigate complaints; providing for the removal of racing officials; providing for capital improvements at racetracks; establishing that the director, with approval, may sell certain parcels of real estate; providing that the Commissioner of Motor Vehicles shall issue Class A license plates to the State Gaming and Alcohol Control Agency; establishing the State Gaming and Alcohol Control Agency - Administrative Account; prohibiting employees of the State Gaming and Alcohol Control Agency from certain actions; providing for an audit of accounts and transactions of the State Gaming and Alcohol Control Agency; removing the requirement that racetracks applying for a video lottery license or license renewal have certain agreements with certain representatives; providing that the rules promulgated by the Tax Commissioner and licenses and permits issued shall remain in effect; providing that an applicant for a retail license for the sale of liquor is entitled to a hearing before the State Gaming and Alcohol Control Commissioner or a hearing examiner designated by the commission; and providing that license fees shall be deposited in nonappropriated special account to pay for salaries and other expenses; abolishing limit of investigators for criminal investigation division of the State Tax Division; providing that investigators for the criminal investigation division of the State Tax Division have all the lawful powers delegated to the West Virginia State Police"; to the Committee on Government Organization then Finance.

House Calendar

Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 2694, Establishing certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces,
     And,      
     Com. Sub. for H. B. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
     At 11:17 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 2, 2009.

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