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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Calendar | Special Calendar | Journal | Menu |

House Journal


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Day 20 (03-02-2009)
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Day 24 (03-06-2009)
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Day 29 (03-11-2009)
Day 31 (03-13-2009)
Day 34 (03-16-2009)
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Day 36 (03-18-2009)
Day 37 (03-19-2009)
Day 38 (03-20-2009)
Day 41 (03-23-2009)
Day 43 (03-25-2009)
Day 44 (03-26-2009)
Day 45 (03-27-2009)
Day 48 (03-30-2009)
Day 49 (03-31-2009)
Day 50 (04-01-2009)
Day 51 (04-02-2009)
Day 52 (04-03-2009)
Day 55 (04-06-2009)
Day 56 (04-07-2009)
Day 57 (04-08-2009)
Day 58 (04-09-2009)
Day 59 (04-10-2009)
Day 60 (04-11-2009)
Day 105 (05-26-2009)
Day 106 (05-27-2009)
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Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-03-23-41

__________*__________


Monday, March 23, 2009

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.
* * * * * * * * * *

Tribute to Joseph P. Albright

     The House of Delegates stood in silent tribute to the memory of the Honorable Joseph P. Albright, former Speaker of the House and current Justice of the Supreme Court of Appeals, who died on Saturday, March 21, 2009, ending a long and productive career of service to the State and the people of West Virginia.
* * * * * * * * * *

     The Clerk proceeded to read the Journal of Friday, March 20, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Ninth Order of Business for the purpose of considering a resolution on Unfinished Business.
Special Calendar

Unfinished Business

     H. C. R. 16, The "Willis W. Elkins Memorial Bridge"; coming up in regular order, as unfinished business, was read by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. C. R. 35, The "Pvt. Russell Curtis Knight Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Committee Reports

     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 2832, Relating to critical skills evaluations for students in grades three and eight,
     And,
     H. B. 3105, Establishing drug free zones at regularly designated school bus stops,
     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 Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 2832 and H. B. 3105) were each referred to the Committee on Finance.
     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. 2091, Requiring public notice of state plan amendments prior to submission and increasing the membership of the Medicaid Advisory Board,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2091 - "A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9-4-3 of said code, all relating to requiring public notice and comment of state plan amendments prior to submission for federal approval; providing public notice and comment; excepting public comment period in certain circumstances; allowing emergency approval of certain rules; and expanding membership of the Medicaid Advisory Board,"
     With the recommendation that the committee substitute do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2722, Providing a one hundred dollar tax credit to certain businesses that are required to reprogram its cash registers because of a change in the food tax,
     And reports the same back with the recommendation that it do pass.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 279 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5B-3a, relating generally to industrial accidents and emergencies; requiring the reporting of certain industrial emergencies to the Mine and Industrial Accident Emergency Operations Center or local emergency telephone system operators; requiring industrial facilities to provide certain information to state and local emergency responders; granting state and local officials access to the person or persons charged with managing an industrial emergency and certain areas affected by the emergency; authorizing the Director of the Division of Homeland Security and Emergency Management to promulgate legislative rules establishing a list of facilities subject to the requirements of this section; providing for civil penalties; and authorizing
the promulgation of legislative rules"; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
Resolutions Introduced

     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
     By Delegates Moye and Louisos:
     
H. J. R. 25 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections one and four, article seven thereof, relating to designating the Commissioner of Insurance to be a constitutionally elected officer, and limiting a person elected as Commissioner of Insurance to two terms; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision the Judiciary.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Morgan, Craig, Skaff, Reynolds, Swartzmiller, C. Miller and Miley:

     H. B. 3274 - "A Bill to repeal §33-17-9a of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-17-9 and §33-17-9b of said code, all relating to fire and marine insurance; and disbursement of proceeds for total and partial fire loss"; to the Committee on the Judiciary.
By Delegates White, Campbell, Craig, Boggs, Webster and Miley:

     H. B. 3275 - "A Bill to amend and reenact §23-2C-15 of the Code of West Virginia, 1931, as amended, relating to changing the date through which governmental entities are required to purchase workers' compensation through West Virginia Mutual Insurance Company"; to the Committee on Government Organization then Finance.
By Delegate Boggs:

     H. B. 3276 - "A Bill to repeal §30-13A-26 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30-13A-10, §30- 13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-20, §30-13A- 23, §30-13A-24, §30-13A-29, §30-13A-32 and §30-13A-36 of said code, all relating to amending the professional surveyors act"; to the Committee on Government Organization.
By Delegates Perry, Williams, Moye, Stowers, Lawrence, Crosier, Beach, Pethtel and Martin:

     H. B. 3277 - "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-6 of said code; to amend said code by adding thereto a new article, designated §18B-1E-1; to amend and reenact §18B-2A-1 and §18B-2A-7a of said code; and to amend and reenact §18B-3C-8, all relating to changing West Virginia University at Parkersburg from a community and technical college and merging and consolidating it with West Virginia University, thus becoming a fully integrated division of West Virginia University"; to the Committee on Education then Finance.
By Delegates Perry, Ashley and Moore:

     H. B. 3278 - "A Bill to amend and reenact §33-26A-3, §33-26A-5, §33-26A-6, §33-26A-8, §33-26A-9, §33-26A-10 and §33-26A-18 of the Code of West Virginia, 1931, as amended, all relating to the life and health insurance guaranty association; making specific provision for treatment of unallocated annuity contracts and structured settlement contracts; providing how payments to residents and nonresidents are determined; providing that duplicate payments not be made; excluding certain policies, portions of policies and obligations from coverage; setting new limits on coverage for various types of policies and contracts; defining terms; changing the composition of the annuity and unallocated annuity accounts; eliminating the association's power to make loans to an insolvent insurer and making other changes to its powers and duties; increasing the permissible maximum annual pro rata assessment; setting forth a process for the protest of assessments; mandating that members comply with requests for information from the association; requiring that the plan of operation include provisions for removing a director for cause and addressing conflicts of interest; and increasing the length of the stay of court proceedings involving an insolvent insurer"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Manypenny, Evans, Fleischauer and Susman:

     H. B. 3279 - "A Bill to amend and reenact §22-3-13 of the Code of West Virginia, 1931, as amended, relating to prohibiting any permits authorizing the construction, enlargement or modification of any coal mine waste; prohibiting any new permits for disposal of coal mine waste by injecting it into underground mines; and to require a study of existing coal mine waste piles"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates M. Poling and Paxton:

     H. B. 3280 - "A Bill to repeal §18-23-1, §18-23-2, §18-23-3, §18-23-4, §18-23-5, §18-23- 13, §18-23-14, §18-23-15, §18-23-18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West Virginia, 1931, as amended, to repeal §18B-14-1, §18B-14-2, §18B-14-3, §18B-14-4, §18B-14-5, §18B-14-5a and §18B-14-7 of said code; to amend and reenact §5-6-4a 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-2B-6 of said code; to amend and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of said code; to amend and reenact §18B-10-8 of said code; to amend said code by adding thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B- 19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18; and to amend and reenact §29- 22-18 of said code, all relating to higher education capital facilities; capital project planning, financing, management and maintenance; acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property; construction and operation of capital facilities; collection and use of certain capital fees; establishing in the State Treasury a special revenue fund known as the Higher Education Policy Commission Capital Improvement Fund; directing the use of certain lottery proceeds; establishing in the State Treasury a capital maintenance fund for each state institution of higher education; legislative intent; defined terms; system-wide facilities planning; and institution facilities planning"; to the Committee on Education then Finance.
By Delegates White, Campbell, Guthrie, Phillips, Marshall, Mahan, Klempa, Iaquinta, Kominar and Varner:

     H. B. 3281 - "A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to improvements to the technology infrastructure of the West Virginia Secretary of State's Office"; to the Committee on Government Organization then Finance.
By Delegates Mahan and Guthrie:

     H. B. 3282 - "A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to PROMISE Scholarship requirements, providing different levels of scholarships for students based on the income of the student's family"; to the Committee on Education then Finance.
By Delegate Swartzmiller:

     H. B. 3283 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5, §5-30-6, §5-30-7 and §5-30-8, all relating to licensure of athletic trainers"; to the Committee on Government Organization then the Judiciary.
By Delegates Shott and Frazier:

     H. B. 3284 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-28-6, §11-28-7, §11-28-8 and §11-28-9, all relating to allowing local governments to levy a sales tax on food and beverages; providing definitions; county and municipal options; use of tax collected; exemptions; providing that wrongful and fraudulent use of funds is the criminal offense of embezzlement; apportionment of tax between local jurisdictions; and severability provision"; to the Committee on Political Subdivisions then Finance.
By Delegate Reynolds:

     H. B. 3285 - "A Bill to amend and reenact §47-19-1 of the Code of West Virginia, 1931, as amended, relating to restricting the sale of drug paraphernalia to licensed pharmacies"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Shott, Boggs, Porter, Frazier, Campbell, Border, Armstead and Rowan:

     H. B. 3286 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18C-8-1, §18C-8-2, §18C-8-3, §18C-8-4, §18C-8-5 and §18C-8-6, all relating to the creation of a preengineering summer academy and scholarship opportunities for preengineering students and teachers and the creation of a special revenue fund for said purpose"; to the Committee on Education.
By Delegates Fleischauer, Beach, Marshall and Shook:

     H. B. 3287 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5c, relating to requiring blasting contractors to notify the State Fire Marshal and local property owners before blasting; rule-making authority; and permit neighboring property owners certain rights"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Perry, Shaver, Ashley and Moore:

     H. B. 3288 - "A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931, as amended, relating to mental health parity; providing that actual increases in costs determine whether cost containment measures may be applied; and removing certain provisions regarding small groups"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Campbell, Stowers, Fragale, Tabb, Klempa, Hutchins and Williams:

     H. B. 3289 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7D-6a, relating to circumstances permitting service credit purchase by members of the Teachers' Defined Contribution Retirement System in the State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Webster, Caputo, Miley, Ellem, Guthrie, Hamilton, Brown, Evans, Kominar and Cann:

     H. B. 3290 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to personal income tax; providing a decreasing modification to federal adjusted gross income for income received by an election official, pursuant to section forty-four, article one, chapter three of the Code of West Virginia, which is donated to a qualified charitable organization and the subject of the federal charitable deduction; specifying effective date"; to the Committee on the Judiciary then Finance.
By Delegate Sumner:

     H. B. 3291 - "A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to special memorial days; and adding a special memorial day to celebrate the victory of democracy in the Cold War"; to the Committee on Government Organization.
By Delegates Hatfield, Perry and Perdue:

     H. B. 3292 - "A Bill to amend and reenact §16-42-7 of the Code of West Virginia, 1931, as amended, relating to extending the expiration date of the Comprehensive Behavioral Health Commission"; to the Committee on Government Organization.
By Delegates J. Miller, Overington and Blair:

     H. B. 3293 - "A Bill to amend and reenact §8-29-6 of the Code of West Virginia, 1931, as amended, relating to requiring regional airport authority board members to include persons of area expertise"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Shott and Frazier:

     H. B. 3294 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to requiring the jail facilities standards commission to promulgate rules for the confinement of certain persons in local jails and private facilities; and authorizing magistrates and circuit court judges to confine persons to local jails or facilities in lieu of regional jails"; to the Committee on the Judiciary then Finance.
By Delegate White:

     H. B. 3295 - "A Bill to amend and reenact §18-30-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §36-8-13 of said code; and to amend and reenact §44-1-28 of said code, all relating to the West Virginia State Treasurer's Office; transferring a one time sum of $8 million from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Escrow Fund; setting $1 million as the amount to be transferred annually from the Unclaimed Property Trust Fund to the Prepaid Tuition Trust Fund until the actuary certifies there are sufficient funds to pay out all contracts; authorizing investment of the Unclaimed Property Trust Fund; and facilitating payments by the state where the owner has died"; to the Committee on Education then Finance.
By Delegate Manchin:

     H. B. 3296 - "A Bill to amend and reenact §23-5-16 of the Code of West Virginia, 1931, as amended, relating to workers' compensation claimant attorney fees"; to the Committee on the Judiciary.
By Delegate Manchin:

     H. B. 3297 - "A Bill to amend and reenact §33-2-17 of the Code of West Virginia, 1931, as amended, relating to allowing the director to participate in the review and consideration of any rate filing made pursuant to chapter thirty-three"; to the Committee on Banking and Insurance then Government Organization.
By Delegates Perdue, Moore, Marshall, Mahan and Guthrie:

     
H. B. 3298 - "A Bill to amend and reenact §48-9-301 of the Code of West Virginia, 1931, as amended, relating to court ordered investigations and prohibited use of supervised visitation"; to the Committee on the Judiciary.
By Delegate Sumner:

     H. B. 3299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-13-805, relating to requirements for self-employed persons to participate in the Bureau of Child Support Enforcement's Pay Connextion program"; to the Committee on the Judiciary.
By Delegate Morgan:

     H. B. 3300 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated as §17B-1E-1, §17B-1E-2 and §17B-1E-3; to amend and reenact §17B-2-1 of said code; and to amend said code by adding thereto a new section, designated §61-7- 4a, all relating to requiring a notification be placed on drivers' licenses and state identification cards when an individual has been granted a concealed weapons permit"; to the Committee on the Judiciary then Finance.
By Delegates Moye, Schoen, Klempa, Campbell, Sumner, Caputo, D. Poling and Barker:

     H. B. 3301 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §64-10-5, relating to amending the Division of Labor rule verifying the legal employment status of workers; and authorizing the commissioner to issue an order terminating undocumented employees and for each day the employment of an undocumented worker continues constitutes a separate violation"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Hunt:

     H. B. 3302 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-2A-1, §30-2A-2, §30-2A-3, §30-2A-4 and §30-2A-5, all relating to establishing the 'Certified Legal Assistant Act'; defining terms; establishing minimum qualifications; setting forth responsibilities of the lawyer and the certified legal assistant; and providing rule-making authority to the Supreme Court of Appeals in conjunction with the West Virginia State Bar"; to the Committee on the Judiciary.
By Delegates Miley and Manchin:

     H. B. 3303 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended, relating to increasing salaries of magistrates who serve populations of eight thousand four hundred or more to sixty percent of the salary of circuit court judges"; to the Committee on the Judiciary then Finance.
By Delegate Lane:

     
H. B. 3304 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11, relating to residency restrictions for registered sex offenders"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Caputo, Frazier, Hutchins, Kominar, Miley, Moore and Staggers:

     H. B. 3305 - "A Bill to amend and reenact §62-12-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of probation officers and parole officers; authorizing probation officers to arrest persons who violate conditions of probation or supervised release; eliminating the authority of probation officers to collect money; eliminating the requirement that probation officers post bond; and specifying the manner in which probation and parole officers may exercise the power to arrest probationers, parolees and persons under their supervision"; to the Committee on the Judiciary.
By Delegates Perry, Wooton and Carmichael:

     H. B. 3306 - "A Bill to amend and reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5 §9-7-6, §9-7-7 and §9-7-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §9-7-5a; to amend and reenact §33-41-1, §33-41-2 and §33-41-4; to amend said code by adding thereto a new section, designated §33-41-4a; and to amend and reenact §33-41-7, §33-41-8 and §33-41-8b of said code, all relating to fraud and associated violations involving Medicaid, insurance and health care; authorizing the Medicaid Fraud Control Unit to investigate certain complaints; defining terms; authorizing the Medicaid Fraud Control Unit to request search warrants and cooperate with law-enforcement agencies; authorizing the Medicaid Fraud Control Unit to receive reports of fraudulent or illegal misconduct; increasing criminal penalties; creating the felony of attempting to cause an unauthorized expenditure from the Medical Services Fund; providing for the seizure and forfeiture of properties belonging to persons convicted of a crime related to state medical services; excluding providers convicted of a crime related to state medical services; setting forth venue rules for criminal and civil state medical programs fraud actions; authorizing the Insurance Fraud Unit to investigate health care fraud; defining terms; authorizing the Insurance Fraud Unit to initiate inquiries and conduct investigations of certain provisions of the code; and allowing authorized persons in the Insurance Fraud Unit to submit complaints to the magistrate regarding violations of certain provisions of the code"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Porter:

     H. B. 3307 - "A Bill to amend and reenact §33-25C-1 and §33-25C-3 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §33-25A-8i, all relating to requiring managed care plan providers to reimburse limited out of network medical expenses; and permitting enrollees to seek reimbursements of out of network medical expenses when denied"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Evans:

     H. B. 3308 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-1d, relating to prohibiting members of the same family within a certain degree of relationship to occupy more than one seat on a board of education simultaneously"; to the Committee on Education.
By Delegates Fleischauer, Manchin, Caputo, Fragale, Boggs, White, Miley and Morgan:

     H. B. 3309 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all relating to creating the West Virginia Supreme Court Public Campaign Financing Act; providing alterative campaign financing option for candidates for the West Virginia Supreme Court through public funds; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the office of justice for the West Virginia Supreme Court beginning in 2012; establishing a Public Campaign Financing Fund and sources of revenue for the fund; rules of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the State Election Commission for seed money and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Supreme Court Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for supplemental public campaign funds for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Delegate D. Poling:

     H. B. 3310 - "A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to increasing the salary adjustment from $2,500 to $3,500 for those educational professions with national certifications"; to the Committee on Education then Finance.
By Delegates Shook, Cowles, Brown, Schoen, Crosier, Michael, Azinger and Cann:

     H. B. 3311 - "A Bill to amend and reenact §16-5G-2 and §16-5G-4 of the Code of West Virginia, 1931, as amended, all relating to hospitals owned or operated by nonprofit corporations, nonprofit associations or local governmental units; clarifying that these hospitals may have only one governing body whose meetings shall be open to the public; enumerating matters which may be acted upon in executive session; and clarifying and expanding the authorization for the holding of executive sessions"; to the Committee on the Judiciary.
By Delegate C. Miller:

     H. B. 3312 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-24, relating to requiring that any new or increased municipal taxes or fees must have a defined purpose, cannot last for more than two years but can be renewed, revenue generated must be spent in accordance with the defined purpose, and surpluses must be defined or returned to the people"; to the Committee on the Judiciary.
By Delegates Cann, Varner, Klempa, Craig and Manchin:

     H. B. 3313 - "A Bill to amend and reenact §18-9-6 of the Code of West Virginia, 1931, as amended, relating to allowing depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank"; to the Committee on Education then Finance.
By Delegates Varner, Perdue, Miley, Hunt, White, Beach, Campbell, Hamilton, Hall, Shaver and Ellem:

     H. B. 3314 - "A Bill to amend and reenact §61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to concealed handgun licensing generally; clarifying scope of license, limiting access to records; allowing license to remain valid during pending of a reissuance application; removing requirement of license applicants to supply social security number; reciprocity agreements with other states related to concealed handgun licenses being honored; removing the requirement that licensees of other states be residents of the state; and requiring that a potential reciprocating state's licensure standards be similar to or greater than those of this state"; to the Committee on the Judiciary.
By Delegate Reynolds:

     H. B. 3315 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-15, relating to members of the media not being compelled to give testimony before a grand jury provided certain conditions are met"; to the Committee on the Judiciary.
By Delegate Armstead:

     H. B. 3316 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to decreasing the corporate income tax rate beginning in the year 2012 by eliminating the higher tax rate should the combined balance in the Revenue Fund Shortfall Reserve Fund and the Revenue Fund Shortfall Reserve Fund - Part B not equal or exceed ten percent of the General Revenue Fund"; to the Committee on Finance.
By Delegates Fragale, Miley, White, M. Poling, Morgan, Campbell, Boggs and Caputo:

     H. B. 3317 - "A Bill to amend and reenact §5A-8-15 of the Code of West Virginia, 1931, as amended, relating to public records management and preservation; removing references to disposing of records by means other then destroying the records; and requiring a minimum allocation of funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access and preservation purposes"; to the Committee on Government Organization then Finance.
By Delegate Caputo:

     H. B. 3318 - "A Bill to amend and reenact §22A-5-1 and §22A-5-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §22A-5-3 and §22A-5-4, all relating to creating a full-time administrative law judge for the office of Miners' Health, Safety and Training"; to the Committee on Government Organization then the Judiciary.
By Delegate Rodighiero:

     H. B. 3319 - "A Bill to amend and reenact §18A-5-8 of the Code of West Virginia, 1931, as amended, relating to permitting the parents of an autistic student to seek a change in the student's aide or mentor; permitting the school to evaluate the request; and permitting the school to take the appropriate action"; to the Committee on Education then Finance.
By Delegate J. Miller:

     H. B. 3320 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-9G-1, §18-9G-2, §18-9G-3, §18-9G-4, §18-9G-5, §18-9G- 6, §18-9G-7 and §18-9G-8, all relating to creating a tax credit program for individuals paying qualified educational expenses and for those individuals or corporations making donations to organizations granting scholarships for qualified educational expenses; defining terms; setting forth requirements"; to the Committee on Education then Finance.
By Delegates Wooton and Moore:

     H. B. 3321 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the frequency of funding of the courtesy patrol program out of the Tourism Promotion Fund"; to the Committee on Finance.
By Delegate J. Miller:

     H. B. 3322 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-5B-1, §48-5B-2, §48-5B-3, §48-5B-4, §48-5B-5, §48-5B-6 and §48-5B-7, all relating to creating and issuing certificates recognizing the termination of marriage"; to the Committee on the Judiciary then Finance.
By Delegates Ashley, Michael and Hartman:

     H. B. 3323 - "A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to the cancellation of an insurance policy for failure consideration to be paid by the insured upon initial issuance of the insurance policy"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Morgan, Craig, Stephens and Reynolds:

     H. B. 3324 - "A Bill to amend and reenact §3-1-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-28 of said code, all relating to mandating that party executive committees are to submit their list of nominees to serve as election officials no later than the seventieth day before the election, and to require that five percent of the precincts ballots be manually counted only during any recount and not during the canvass"; to the Committee on the Judiciary.
By Delegates J. Miller, Duke and Overington:

     H. B. 3325 - "A Bill to amend and reenact §55-7D-2 and §55-7D-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §55-7D-3a, all relating to limiting liability for persons donating and charitable organizations accepting certain food and grocery items"; to the Committee on the Judiciary.
By Delegates Ross and Hartman:

     H. B. 3326 - "A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to existing National Pollutant Discharge Elimination System permits, the time for achieving water quality based effluent limits for selenium discharges into waters supporting aquatic life uses would be extended to July 1, 2012"; to the Committee on Natural Resources then the Judiciary.
By Delegate Fleischauer:

     H. B. 3327 - "A Bill to amend and reenact §6B-3-1 and §6B-3-4 of the Code of West Virginia, 1931, as amended, all relating to requiring the reporting and publication of all compensation, including contingent compensation, paid to lobbyists for all lobbying activities; and providing a definition of 'contingent compensation'"; to the Committee on the Judiciary.
By Delegate Campbell:

     H. B. 3328 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-59, relating to small, women and minority-owned businesses"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Shott, Lane, Ireland, Sumner and Hamilton:

     H. B. 3329 - "A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as amended, relating to enhancing the report submitted to the Joint Committee on Government and Finance by requiring the Public Service Commission to include in that report information concerning actions it has taken to ensure that utilities are using best management practices; submit rate modification requests that were resolved; submit an analysis comparing the utility rates of the twenty-eight border counties with the rates of those non-West Virginia counties; submit information on current practices that minimize potential over-recovery from rate payers paying interim rates; and submit a summary of complaints received"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates J. Miller, Andes, Michael and Cann:

     H. B. 3330 - "A Bill amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4, §18-2L-5, §18-2L-6, §18-2L-7, §18-2L-8, §18-2L-9, §18-2L-10, §18-2L-11, §18-2L-12, §18-2L-13, §18-2L-14 and §18-2L-15, all relating to authorizing the establishment of charter schools"; to the Committee on Education then Finance.
By Delegate Reynolds:

     H. B. 3331 - "A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-6-1a of said code, all relating to prohibiting the taking of lawfully possessed arms and ammunition during a declared state of emergency or riot"; to the Committee on the Judiciary.
By Delegates Moore, Perry and Shook:

     H. B. 3332 - "A Bill to amend and reenact §31-17-1, §31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7, §31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4, §31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10, §31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15, §31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and to amend and reenact §46A-4-102 of said code, all relating to the Division of Banking participation in the Nationwide Mortgage Licensing System and Registry, complying with the SAFE Act, amending and creating definitions, exempting federally insured depository institutions from broker licensing, allowing the Division of Banking to participate in the Nationwide Mortgage Licensing System and Registry, permitting the Nationwide Mortgage Licensing System and Registry to process background and credit checks on behalf of the commissioner of banking, creating a tiered bond structure for licensed lenders and brokers, reducing the license processing time for lenders and brokers, requiring a new application for certain changes in control of mortgage licensees, clarifying the fee for licensee office relocation, synchronizing the mortgage annual report requirement with the Nationwide Mortgage Licensing System and Registry, outlining the purpose of the West Virginia SAFE Mortgage Licensing Act, defining terms associated with the SAFE Licensing Act, requiring licensing and registration of mortgage loan originators, creating an application procedure for mortgage loan originators with minimum standards, requiring prelicensure education of mortgage loan originators, implementing a prelicensure testing requirement for mortgage loan originators, explaining standards for mortgage loan originator license renewal, clarifying annual continuing education requirements for mortgage loan originators, granting the commissioner authority to require mortgage loan originator licensing through the Nationwide Mortgage Licensing System and Registry, requiring the commissioner to create a challenge process for the Nationwide Mortgage Licensing System and Registry, creating enforcement authority for mortgage loan originators, defining violations and penalties of the SAFE Mortgage Licensing Act, requiring a surety bond to cover licensed mortgage loan originators that is tied to the amount of mortgage originations by each lender, broker or regulated consumer lender licensee, creating confidentiality provisions, granting investigation and examination authority to the commissioner of banking for violations of the SAFE Mortgage Licensing Act, outlining prohibited acts and practices for mortgage loan originators, requiring the commissioner of banking to report to the Nationwide Mortgage Licensing System and Registry, clarifying the use of unique identifiers, creating a severability section, defining effective dates, requiring the licensure of mortgage loan originators employed by licensed regulated consumer lenders, and implementing a bond requirement for regulated consumer lenders that originate mortgage loans"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Reynolds:

     H. B. 3333 - "A Bill to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20-2-42p and §20-2-46e of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; and to amend and reenact §20-15-2 of said code, all relating to the regulation of carrying firearms; clarifying that hunting statutes generally do not prohibit the otherwise lawful carrying of handguns for self-defense purposes; clarifying that persons who are licensed or otherwise authorized to lawfully carry concealed weapons are not subject to limitations on how firearms may be carried or transported in wooded areas or in or on vehicles or vessels; providing additional lawful means for the transportation of unloaded rifles or shotguns in or on vehicles and vessels; consolidating and clarifying certain criminal penalty provisions; defining terms relating to firearms; and consolidating certain definitions"; to the Committee on Natural Resources then Finance.
By Delegates Morgan, Hatfield and Swartzmiller:

     H. B. 3334 - "A Bill to amend and reenact §24-1-1, of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2-1 and §24-2-12 of said code, all relating to setting forth legislative purpose and plan regarding modernizing and streamlining antiquated telecommunications regulation; confirming the lack of jurisdiction of the Public Service Commission or any other department, agency, commission or political subdivision of the state with respect to Internet Protocol-enabled services, including broadband, video, voice or data communications using Internet Protocol-enabled services; definitions; exceptions and reservations; providing that, effective July 1, 2009, the requirements of section twelve, article two of chapter twenty-four, no longer apply to telecommunications carriers, as that term is defined in 47 U.S.C. §153, subject to certain exceptions and provisos"; to the Committee on Political Subdivisions then Government Organization.
By Delegate Reynolds:

     H. B. 3335 - "A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §7-1-3 of said code; to amend and reenact §8-12-5 of said code; to amend and reenact §61-7-1, §61-7-2, §61-7-6, §61-7-9, §61-7-11a and §61-7-14 of said code; to amend said code by adding thereto six new sections, designated §61-7-11b, §61-7-16, §61-7-17, §61-7-18, §61-7-19 and §61-7-20; to amend said code by adding thereto two new sections, designated §64-5-1a and §64-5-1b; to amend said code by adding thereto a new section, designated §64-7-3a; to amend said code by adding thereto a new section, designated §64-10-3a and §64-10-3b; and to amend said code by adding thereto a new article, designated §64-12-1 and §64-12-2, all relating to limitations upon the keeping and bearing of arms; defining terms; repealing language concerning county and municipal ordinances restricting firearms or ammunition; creating additional exceptions to certain restrictions on where deadly weapons may be possessed; declaring the provisions of the code to be the sole means by which the keeping and bearing of arms may be regulated; preempting any ordinance, rule, policy or administrative action inconsistent therewith; exceptions; exempting certain officers, employees and agents of the United States, this state or a political subdivision of this state from restrictions or prohibitions on possessing weapons imposed by private property owners; requiring all property owners that have legally restricted or prohibited the possession or carrying of weapons on their premises to give notice of such prohibitions or restrictions by posting specified signs; format of signs; effect of failure to properly post signs indicating such prohibition or restriction; prohibiting the registration of firearms or firearm owners; exceptions; penalty for unlawfully registering firearms or firearm owners; compliance period for purging prohibited registries; limiting seizures of concealable weapons; providing remedies for unlawful seizure of concealable weapon; establishing regulations for gun buy-back programs to protect interests of owners of stolen firearms and evidence of certain crimes; and repealing certain provisions of the Code of State Rules restricting the possession or carrying of firearms"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Perdue:

     H. B. 3336 - "A Bill to amend and reenact §16-5K-2, of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Public Health to continue providing early intervention services to families with developmentally delayed infants and toddlers but eliminates the cost-free provision"; to the Committee on Health and Human Resources then Finance.
By Delegates Webster, Caputo, White, Guthrie and Marshall:

     H. B. 3337 - "A Bill to amend and reenact §3-8-1a and §3-8-8 of the Code of West Virginia 1931, as amended, all relating to the regulation and control of elections; amending the definition of 'express advocacy' and 'targeted to the relevant electorate'; and creating an exception to the ban on corporate political activity for qualified nonprofit corporations"; to the Committee on the Judiciary.
By Delegates Perry, Williams, Louisos, Moye, Stowers, Lawrence, Crosier, Beach, Pethtel, Staggers and Guthrie:

     
H. B. 3338 - "A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1C-2 of said code; to amend said code by adding thereto a new section, designated §18B-1C-3; to amend and reenact §18B-2A-1 of said code; and to amend and reenact §18B-3C-8 of said code, all relating to higher education generally; integrating the operations of the institution known as the Community and Technical College at West Virginia University Institute of Technology into West Virginia University Institute of Technology"; to the Committee on Education then Finance.
Special Calendar

-Continued-

Third Reading

     S. B. 329, Updating terms in Personal Income Tax Act; 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. 82), 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: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 329) passed.
    Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 83), 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: Beach, Shook and Spencer.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 329) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 410, Updating terms in Corporation Net Income Tax Act; 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. 84), 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: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 410) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 85), 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: Shook and Spencer.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 410) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for H. B. 2566, Expanding applicability of increased penalties for crimes against certain protected persons; on third reading, coming up in regular order, was read a third time.
     Delegate Schoen requested to be excused from voting on the passage of Com. Sub. for H. B. 2566 under the provisions of House Rule 49, and further requested that all members of the House possibly affected by the passage of the bill also be excused from voting under the provisions of House Rule 49.
     The Speaker refused to excuse the Lady from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she demonstrated no direct personal or pecuniary interest therein. He further stated that it was the duty of individual members of the House to request to be excused from voting under the provisions of House Rule 49 and advised the members that, while they were members of a class of persons, if they had such a request to furnish the same in writing to the Clerk by the close of the session today.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 86), and there were--yeas 75, nays 23, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Blair, Border, Carmichael, Cowles, Duke, Ellem, Hamilton, Hutchins, Ireland, Lane, McGeehan, Miller, C, Miller, J, Overington, Porter, Romine, Shott, Sobonya, Sumner and Walters.
     Absent And Not Voting: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2566) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 2690, Updating language pertaining to indemnity for the death of diseased or infected animals; 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. 87), 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: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2690) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 2836, School Innovation Zones Act; 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. 88), 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: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2836) 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. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety; 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. 89), and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles and McGeehan.
     Absent And Not Voting: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3066) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 3158, Providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments; on third reading, coming up in regular order, with amendments pending, was, on motion of Delegate Boggs, laid over.
     H. B. 3229, Relating to creation of the Science and Research Council; 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. 90), 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: Shook and Spencer.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3229) passed.
     Delegate Boggs moved that the bill take effect July 1, 2009.
     On this question, the yeas and nays were taken (Roll No. 91), 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: Shook and Spencer.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3229) takes effect July 1, 2009.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for H. B. 3074, Allowing the Secretary of State to notify people with delinquent taxes by certified mail; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading 

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2411, Requiring that workplace fatalities be reported to the Division of Labor,
     Com. Sub. for H. B. 2413, Changing the upper age restriction for new police hires in municipalities,
     Com. Sub. for H. B. 2547, Relating to pawnbrokers obtaining a signed statement affirming ownership from a seller or pledgor on all sale or pawn transactions,
     Com. Sub. for H. B. 2557, Requiring that warranty provisions for new motor vehicles are equally applicable to motor vehicles purchased inside or outside the state,
     Com. Sub. for H. B. 2739, Enhancing the service and enforcement of domestic violence protective orders issued by state courts,
     Com. Sub. for H. B. 2757, Relating to financial audits of insurers,
     Com. Sub. for H. B. 2771, Relating to the West Virginia Alcohol and Drug-Free Workplace Act,
     H. B. 2884, Long-Term Care Partnership Program,
     Com. Sub. for H. B. 2958, Increasing the fines for a trespassing conviction pursuant to certain circumstances,
     H. B. 3011, Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program,
     And,
     Com. Sub. for H. B. 3086, Permitting home incarceration supervisors to carry handguns in the course of their official duties.
Miscellaneous Business

     Delegate Doyle announced that he was absent on Friday, March 20, 2009 when the votes were taken on Roll Nos. 74 through 81, and that had he been present, he would have voted "Yea" thereon.
     At 12:12 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * * *

Evening Session

* * * * * * * *

     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
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. 2530, Relating to further defining professional student support personnel,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2530 - "A Bill to amend and reenact §18-9A-2, §18-9A-3a and §18-9A-9 of the Code of West Virginia, 1931, as amended, all relating to further defining professional student support personnel; clarifying definition of net enrollment; modifying method for computing increase in net enrollment for certain counties; providing for computation of certain personnel allowances for certain fiscal years based on number of personnel that would be eligible based on net enrollment if certain condition is met; and including professional student support personnel in the public school support formula allowance calculations for current expense and faculty senates,"
     H. B. 2702, Relating to the Deputy Sheriff Retirement System Act,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2702 - "A Bill to amend and reenact §7-14D-2, §7-14D-5, §7-14D-7, §7-14D-9c, §7-14D-13, §7-14D-14, §7-14D-15, §7-14D-16, §714D-23 and §7-14D-30 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System Act; making technical changes, modifying definitions; clarifying when membership ceases; specifying procedures for the correction of errors; defining employer error; permitting rollovers of any dollar amount; clarifying loan offsets at time of withdrawal; providing onset date for receipt of disability benefits; providing for the termination of disability benefits when a retirant refuses to submit to a medical examination or provide certification from their physician of continued disability; removal of option for members with loans to purchase declining term insurance; permitting subsequent loans to members sixty days after full payment of an outstanding loan; and providing for the collection of fees from employers for untimely payment of contributions,"
     H. B. 2703, Relating to the State Teachers Retirement System,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2703 - "A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating to State Teachers Retirement System; making technical changes; modifying definitions; specifying cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to receive retirement income or disability payments when outstanding loan balance is deducted from the actuarial reserve of accrued benefit,"
     And,
     H. B. 2770, Relating to the Emergency Medical Services Retirement System Act,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2770 - "A Bill to amend and reenact §16-5V-6, §16-5V-7, §16-5V-8 and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System Act; specifying procedures for the transfer of contributions; clarifying actuarial valuation period; clarifying employer contribution amount; specifying procedures for the correction of errors; and requiring certain information be included in the insurance plan filed by the Public Employees Insurance Agency,"
     With the recommendation that the committee substitutes each do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System,
     And reports the same back with the recommendation that it do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2470, Exempting all schools which include grades kindergarten through twelve from paying consumer sales tax on items the school sells,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2470 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9l, relating to exempting sales of tangible personal property and services by any public or private school in this state of any one or more grade levels pre-kindergarten through grade twelve; limiting amount of sales subject to exemption; and authorizing designation by the tax commissioner of the exemption as a per se exemption for which exemption certificates are not required,"
     H. B. 2535, Creating a tax credit for certain solar energy systems,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2535 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and to amend said Code by adding thereto a new article, designated §24-2F-1 and §24-2F-2, all relating to energy systems; providing for a tax credit; requiring the Public Service Commission to adopt a rule regarding net metering; and requiring Tax Commissioner to promulgate rules for claiming and applying tax credit,"
     H. B. 2567 Relating to filing agency rules with the Secretary of State under the Administrative Procedures Act,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2567 - "A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating to State Teachers Retirement System; making technical changes; modifying definitions; specifying cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to receive retirement income or disability payments when outstanding loan balance is deducted from the actuarial reserve of accrued benefit,"
     H. B. 2999, Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2999 - "A Bill to amend and reenact §11-15-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15A-18 of said code; and to amend and reenact §11-15B-21, §11-15B-24, §11-15B-28 and §11-15B-32 of said code, all relating to the streamlined sales and use tax agreement and the West Virginia consumers sales and service tax and use tax; providing relief from liability in specified circumstances; administrative exemptions; the requirements of certified service providers and the effective date,"
     With the recommendation that the committee substitutes each do pass.
Messages from the Senate

A message from the Senate, by

     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 23, The "Corporal Alfred E. Collins Bridge".

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 12 - "A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-10-3 of said code, all relating to registration fees for vehicles; allowing a registrant to register a Class G vehicle for a two-year period; requiring all registrations for at least one full year; and facilitating expiration date changes"; which was referred to the Committee on Roads and Transportation then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 75 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-1-4 of said code; and to amend and reenact §60-3A-24 of said code, all relating to changing the use of alcoholic beverages by minors from a status offense to an act of juvenile delinquency"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
     Com. Sub. for S. B. 256 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-6-4a; and to amend and reenact §8A-7-2 of said code, all relating to urban growth boundaries; definitions; providing new procedures for annexation without election and annexation by minor boundary adjustment for municipalities in growth counties that have an adopted countywide zoning ordinance which includes urban growth boundaries; setting requirements; and permitting urban growth boundaries in zoning ordinances"; which was referred to the Committee on Political Subdivisions then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 261 - "A Bill to amend and reenact §3-1-30 of the Code of West Virginia, 1931, as amended, relating to requiring party executive committees to submit their list of nominees to serve as election officials no later than the seventieth day before the election"; which was referred to the Committee on the Judiciary.

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 335 - "A Bill to amend and reenact §29-1-11 of the Code of West Virginia, 1931, as amended, relating to authorizing distribution of fairs and festivals' funding by the Commissioner of the Division of Culture and History"; which was referred to the Committee on Government Organization then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 476 - "A Bill to amend and reenact §31A-2A-1 of the Code of West Virginia, 1931, as amended, relating to providing that the definition of 'financial institution' includes regulated consumer lenders, residential mortgage lenders, brokers and servicers, licensed money services businesses and all entities which are by law under the jurisdiction and supervision of the Commissioner of Banking"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 503
- "A Bill to amend and reenact §31A-8-12 and §31A-8-12d of the Code of West Virginia, 1931, as amended, all relating to branching procedures; and creating a definition for "sound financial condition"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 521
- "A Bill to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as amended, relating to adding telecommunications devices to items which cannot be brought into a jail or correctional facility"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 594 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the frequency of funding of the courtesy patrol program out of the Tourism Promotion Fund"; which was referred to the Committee on Finance.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced

     Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 40 - "Amending House Rule 112, relating to amendments and the prefiling thereof."
     Resolved by the House of Delegates:
     That Rule 112 of the Rules of the House of Delegates be amended to read as follows:
Forms For and Prefiling Required
     112. The Clerk shall, upon request, furnish to members sheets with a proper heading printed in blank upon which amendments shall may be written, and all amendments offered shall be on such blanks or provided in typewritten form and bear the name of the member offering the same. Amendments offered by members to bills or Joint Resolutions shall be prefiled with the Clerk within two hours of the start of any daily session wherein the bill or Joint Resolution is on Second Reading on either the House or Special Calendar.
_____All amendments offered under the provisions of this rule shall be delivered to the Clerk in paper format, or, if such amendments have been compiled by staff, the same shall be prepared and delivered to the Clerk in paper and digital format. All such digital amendments shall be prefiled in central files by the person preparing such amendments by the time of prefiling the amendments in paper format. If such amendments are drafted by a member, the Clerk may prepare the digital format of the amendments from the paper format provided by the member and prefile the digital amendments in central files.
_____Any member may, by unanimous consent of the House or by majority vote, offer amendments on Second Reading, prior to a bill or Joint Resolution being engrossed and advanced to Third Reading.
_____The provisions of this rule shall not apply to any bills or Joint Resolutions which have been read prior to being referred to a committee, which have been taken up for immediate consideration and read a first time, or upon which the Constitutional Rule requiring a bill to be read on three several days has been dispensed with in any prior proceedings.

     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Eighth Order of Business.
Bills Introduced

On motion for leave, a bill was introduced, read by its title, and referred as follows:        

     H. B. 3339 - "A Bill to amend and reenact §22-16-12 of the Code of West Virginia, 1931, as amended, relating to facilitate the complete closure of the Gwinn, or otherwise known as the EPA Services Landfill, located in Summers County by having the Director of the Solid Waste Management Board place said closure as a top priority use of Solid Waste Facility Closure Cost Assistance Fund moneys"; to the Committee on the Judiciary.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Spencer.
     At 5:15 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 24, 2009.

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