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House Journal


Day 00 (01-14-2009)
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Day 34 (03-16-2009)
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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)
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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)
Day 108 (05-29-2009)
Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-03-27-45


__________*__________




Friday, March 27, 2009

FORTY-FIFTH 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, March 26, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. R. 42, Recognizing and honoring David L. Lemmon, Sr. for his many years of service and dedication to the West Virginia State Police,
     And reports the same back with the recommendation that it be adopted.
     At the request of Delegate Boggs, and by unanimous consent, the resolution (H. R. 42) was taken up for immediate consideration, read by the Clerk and adopted.
     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. C. R. 46, Requesting the Joint Committee on Government and Finance to conduct a study on expanding the scope of practice for optometrists,
     H. C. R. 47, The "PFC Ronald 'Ronnie' Dean, USMC, Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     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. 2114, Providing a penalty for employers failing to withhold an employee's income for child support obligations,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2114 - "A Bill to amend and reenact §48-14-407 and §48-14-501 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-15-506, relating to child support source of income; authorizing the bureau of child support enforcement to commence a contempt action against a source of income; providing penalty for sources of income failing to withhold; and providing a specific action for source of income contempt,"
     H. B. 2457, Requiring group insurance companies and third party administrators to furnish claims experience to policyholders,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2457 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; identifying the claims loss experience information to be provided,"
     H. B. 2723, Authorizing municipalities to provide administrative procedures for the assessment and collection of delinquent municipal fees,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2723 - "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to file liens for delinquent service fees; requiring municipal ordinances to have assessment and collection procedures for the service fees; requiring administrative procedures by municipalities for imposition of liens; and requiring the right to appeal to circuit court,"
     H. B. 3120, Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3120 - "A Bill to amend and reenact §7-4-6 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Prosecuting Attorneys Institute; increasing the number of elected members on the Institute's executive council members to seven; and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings,"
     And,
     H. B. 3339, Facilitating the complete closure of the Gwinn, otherwise known as the EPA Services Landfill, located in Summers County,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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 Midwest Landfill, located in Summers County, by having the Secretary of the Department of Environmental Protection place said closure as a top priority use of Solid Waste Facility Closure Cost Assistance Fund moneys,"
     With the recommendation that the committee substitutes each 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. 3337, Relating to the regulation and control of elections,
     And reports the same back with the recommendation that it 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. 2168, 2169, 2170, 2171, 2172, 2173, 2174, 2177, 2211, 2212, 2213, 2219, 2816, 2827, Authorizing the Department of Commerce to promulgate legislative rules,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2170 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts; authorizing the Division of Labor to promulgate a legislative rule relating to packaging and labeling; authorizing the Division of Labor to promulgate a legislative rule relating to a method of sale of commodities; authorizing the Division of Labor to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety Standards Board; authorizing the Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees; authorizing the Division of Labor to promulgate a legislative rule relating to standards for weights and measures inspectors adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Division of Natural Resources to promulgate a legislative rule relating to boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses; authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing license and stamp fees; authorizing the Division of Tourism to promulgate a legislative rule relating to the direct advertising grants program,"
     And,
     H. B. 2152, 2153, 2175, 2178, 2183, 2184, 2185, 2186, 2191, 2192, 2215, 2216, 2221, 2223, 2224, 2226, 2227, 2233, 2819, 2828, 2829, 2830, 2831, Authorizing miscellaneous agencies and boards to promulgate legislative rules,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2819 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional conduct; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the disposal of dead poultry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed; authorizing the Board of Architects to promulgate a legislative rule relating to the fees for registration of architects; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations; authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training standards; authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary, complaint procedures, continuing education, and physician assistants; authorizing the Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of a restricted license issued to an applicant in extraordinary circumstances; authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy; authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the regulation of charitable clinic pharmacies; authorizing the Board of Physical Therapy to promulgate a legislative rule relating to general provisions; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies, standards and criteria for the evaluation and accreditation of colleges, departments or schools of nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Board of Respiratory Care to promulgate a legislative rule relating to student temporary permits; authorizing the Secretary of State to promulgate a legislative rule relating to the administration of the address confidentiality program; authorizing the Board of Social Work Examiners to promulgate a legislative rule relating to a fee schedule; authorizing the Treasurer's Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 3276, Amending the professional surveyors act,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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,"
     With the recommendation that the committee substitute do pass.
     Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
     Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 27th day of March, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
     (S. B. 329), Updating terms in Personal Income Tax Act,
     And,
     (S. B. 410), Updating terms in Corporation Net Income Tax Act.

Resolutions Introduced

     Delegates J. Miller, Andes, Armstead, Azinger, Blair, Carmichael, Cowles, Lane, Overington, Porter and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 49 - "Claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution."
Whereas, The Tenth Amendment to the Constitution of the United States reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to

the states, are reserved to the states respectively, or to the people"; and
     Whereas, The Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
     Whereas, Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America's most valuable contributions to political science; and
     Whereas, James Madison, "The father of the Constitution," said, "The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people"; and
     Whereas, Thomas Jefferson emphasized that the states are not "subordinate" to the national government, but rather the two are "coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government"; and
     Whereas, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
     Whereas, Today, in 2009, the states are demonstrably treated as agents of the federal government; and
     Whereas, Many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and
     Whereas, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
     Whereas, Article IV, Section 4 provides, "The United States shall guarantee to every state in this union a Republican Form of Government", and the Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"; and
     Whereas, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
     Whereas, A number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the State of West Virginia hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and, be it
     Further Resolved, That this serve as Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it
     Further Resolved, That all compulsory federal legislation which directs states to comply under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Delegates and the President of the Senate of each state Legislature of the United States, United States Senators Robert C. Byrd and John D. Rockefeller IV, Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
     Delegates J. Miller, Andes, Armstead, Azinger, Blair, Carmichael, Cowles, Lane, Overington, Porter and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 50 - "Requesting the Legislature establish a Joint Legislative Committee on Economic Freedom for the purposes of identifying legal and regulatory barriers to private investment and entrepreneurship, and proposing legislation on such other actions as may be necessary to remove such barriers."
     Whereas, A prosperous economy depends upon job creation through private investment and entrepreneurship; and
     Whereas, Greater private investment and entrepreneurship is associated with greater economic prosperity; and
     Whereas, The unparalleled success of the American economy is the result of private investment and entrepreneurship; and
     Whereas, Unnecessary legal and regulatory barriers to private investment and entrepreneurship exist, especially in overly prescriptive licensing requirements, excessive regulations, and government preemption of business opportunities; and
     Whereas, Private investment and entrepreneurship are discouraged by unnecessary legal and regulatory barriers, reducing the potential for economic prosperity; and
     Whereas, Poverty is an issue of significant public concern; and
     Whereas, There are significant geographical pockets of poverty, especially in urban and rural areas, in which legitimate economic activity is substantially impeded; and
     Whereas, Various entrepreneurial opportunities that would require little investment are closed to potential low income entrepreneurs by unnecessary legal and regulatory barriers; and
     Whereas, The only reliable and sustainable means for reducing poverty is for the poor to climb the income ladder through entrepreneurial activity and employment; and
     Whereas, By facilitating entrepreneurship by the poor, a means of exit from poverty would be provided for such new entrepreneurs and their employees; and
     Whereas, Increased entrepreneurship and private investment in low income communities would increase levels of tax revenue, improving the financial condition of governments; therefore, be it
     Resolved by the Legislature of West Virginia:
     That a Joint Legislative Study Committee on Economic Freedom be created for the purposes of: (1) Identifying legal and regulatory barriers to private investment and entrepreneurship; and (2) proposing legislation or such other actions as may be necessary to remove such barriers; and, be it
     Further Resolved, That the Joint Legislative Committee on Economic Freedom shall identify any law or regulation, in whole or in part, that precludes or discourages:
     (1) Entry into or operation of any commercial business for any reason other than legitimate health and safety regulation, whether through licensing, franchising, or other regulatory or legal mechanism; or
     (2) Operation of public services by entrepreneurs, whether without subsidy or under competitive contract, consistent with legitimate public objectives. Legitimate public objectives shall mean the interests of the population at large and the interests of the users of the corresponding public services, and shall exclude the interest of any group smaller than the population at large, other than users; and, be it
     Further Resolved, That the Joint Legislative Committee on Economic Freedom shall identify as legal or regulatory barriers any practice or activity of any business or occupational licensing board or authority that exceeds the requirements of public health and safety; and, be it
     Further Resolved, That the Joint Legislative Committee on Economic Freedom shall identify as legal or regulatory barriers any legal or regulatory obligation to pay more, in wages or benefits, than the standard federal minimum wage, and any other labor or work rule legal or regulatory requirement that does not apply universally to all public and private employers in the particular business sector; and, be it
     Further Resolved, That the Joint Legislative Committee on Economic Freedom shall propose the most effective means of removing all identified legal and regulatory barriers to entrepreneurship and private investment; and, be it
     Further Resolved, That in its deliberations, the Joint Legislative Committee on Economic Freedom shall give priority consideration to business sectors with lower private investment requirements and business sectors anticipated to provide the greatest opportunity for expansion of entrepreneurship and private investment in low income communities; and, be it
     Further Resolved, That the Joint Legislative Committee on Economic Freedom shall report to the Legislature no later than March 1, 2010, listing and describing the legal and regulatory barriers identified and the required corrective mechanisms.
     Delegates Miley, Cann, Fragale, Iaquinta, Beach, Boggs, Campbell, Eldridge, Frazier, Guthrie, Hunt, Louisos, Marshall, Perry, Rodighiero, Shook, Staggers, Stephens, Stowers and Webster offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 44 - "Requesting the Congress of the United States reexamine a federal law which has seriously affected the sales of off-road motorcycles and other recreational vehicles designed for children."
     Whereas, In an effort to protect the health and safety of children from the excessive amounts of lead found in toys made in China, the Congress of the United States enacted a law which banned the sale of products from foreign countries aimed at children if they contained more than 600 parts per million of lead; and
     Whereas, Lead is found in steel and other metal alloys on the frame, motor and multiple parts of off-road motorcycles and recreational vehicles built for young riders; and
     Whereas, While most motorcycles and recreational vehicles are made overseas, there are tens of thousands of jobs attached to the industry in the United States; and
     Whereas, More than 13,000 power sports dealers sell products in the United States, employing an estimated 124,000 people; and
     Whereas, Industry estimates the retail market value for all off-road motorcycles and other recreational vehicles in the United States to be approximately $14 billion a year, including sales, service, parts, accessories and payroll; and
     Whereas, An industry trade publication estimates that the value of inventory at United States dealers that can no longer be sold probably exceeds $100 million and that the industry has millions of dollars worth of parts now in production that cannot be sold; and
     Whereas, While every effort should be taken to protect the health and safety of our young children, we should also consider the effect such legislation will also have on an industry that is unrelated to toys; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby requests the Congress of the United States to reexamine a federal law which has seriously affected the sales of off-road motorcycles and other recreational vehicles designed for children; and, be it
     Further Resolved, In this time of financial crisis, every effort should be made to preserve every facet of our business community in order to help preserve jobs and stabilize our economy; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to West Virginia's congressional delegation.
     Delegates Wooton, Moye, Susman, Mahan and Sumner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 45 - "Commemorating the passing of William Henry File, Jr., gentleman, sailor, attorney, public servant, and a great asset to his country and his faith."
     Whereas, William Henry File, Jr. was a U. S. Navy Veteran of World War II, serving as an officer from 1942 to 1945. He first served aborad the USS Calvert APA 32 as a boat officer and participated in the invasion of Sicily. He participated in the D-Day Invasion of Normandy, being in command of twelve rocket-launching boats in the first wave at Omaha Red Beach. He later became a Commanding Officer of LCSL3180, an amphibious craft which he commissioned in Boston, took through the Panama Canal and which saw combat in the Pacific, including the invasion of Okinawa, the largest amphibious assault in the Pacific theater, where his ship shot down an attacking Kamikaze plane, being one of the last U. S. ships to do so. He was awarded a Silver Star and a Legion of Merit. He retired from the United States Naval Reserve with the rank of Commander; and
     Whereas, William Henry File, Jr. joined his father and his uncle, Ashton File, in the Beckley law firm of File and File in 1937 and, except for his service in World War II, practiced law continuously with that firm, now known as File Payne Scherer & File PLLC, for more than sixty-five years. He was proud to be the longest practicing member of that firm, which has served the Beckley community for more than one hundred years. His law partners have included his three sons and his son-in-law, E. M. Payne III. He was still of counsel to that firm at the time of his death. He also served as city attorney for the city of Beckley, and was a fellow of the American Trial Lawyers and the West Virginia Bar Foundation; and
     Whereas, William Henry File, Jr. graduated in 1930 from Woodrow Wilson High School, was a 1934 graduate of Lynchburg College and a 1937 graduate of the University of Virginia Law School, where he was a member of the Law Review and the Raven Society; and
     Whereas, William Henry File, Jr. served as a member of the West Virginia House of Delegates from 1947-1951, serving one term as majority leader; and
     Whereas, Mr. File was a director of the Beckley Federal Savings & Loan Board of Directors and the Acme Limestone Company Board of Directors, and as a director and officer of the Bank of Raleigh, Raleigh Bankshares and Horizon Bancorp; and
     Whereas, Mr. File was a life-long member of the First Christian Church, Courthouse Square, Beckley where he taught Sunday School and was a deacon, a trustee and a former chairman of the board; and
     Whereas, The passing of William Henry File, Jr. should not go unnoticed; therefore, be it
     Resolved by the House of Delegates:
     
That regret is hereby expressed by the members at the passing on of one of their own former members, William Henry File, Jr., lawyer, sailor, public servant and beloved gentleman who touched many lives for the better and above all made the world a better place; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of William Henry File, Jr. who have suffered a great loss, including his daughter, Susan File Payne and her husband, E. M. "Ned" Payne III; his son, William H. File III; his son, Robert N. File and his wife, Ellen Lilly File; his son, John Lanier File and his wife, Lee Dalton File; the Mayor of the city of Beckley; and the pastor of the First Christian Church of Beckley.
Special Calendar

Third Reading

     Com. Sub. for H. B. 2072, Relating to variable premium adjustable life insurance policies; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 123), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
     Absent And Not Voting: Blair, Cowles, Ross and Shook.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2072) 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. 2218, Authorizing the Department of Transportation to promulgate legislative rules; 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. 124), and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Andes, Lane and Walters.
     Absent And Not Voting: Blair, Ross and Shook.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2218) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 125), 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: Ross and Shook.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2218) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
    Com. Sub. for H. B. 2222, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; 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. 126), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Ashley, Lane and Walters.
     Absent And Not Voting: Ross and Shook.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2222) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 127), 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: Ross and Shook.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2222) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 2241, Relating to credit card solicitation on college campuses; 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. 128), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Iaquinta and Overington.
     Absent And Not Voting: Ross and Shook.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2241) 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. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates; 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. 129), 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: Ross and Shook.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2407) 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. 2464, Authorizing county commissions to designate locations for early voting other than the county courthouse or annex; 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. 130), and there were--yeas 72, nays 25, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Anderson, Armstead, Ashley, Blair, Border, Butcher, Carmichael, Cowles, Duke, Evans, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Rodighiero, Romine, Rowan, Schadler, Shott, Sobonya, Stowers, Sumner and Walters.
     Absent And Not Voting: Ross, Shook and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2464) 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. 2569, Creating the Juvenile Services Reimbursement Offender Fund; on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
     On motion of Delegate Webster, the bill was amended on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.
§49-5B-5a. Creating the Juvenile Services Reimbursement Offender Fund.
_____There is hereby created within the State Treasury a special revenue account designated 'The Juvenile Services Status Offender Fund' within and for the benefit of the Division of Juvenile Services for expenses incurred in housing juvenile status offenders in need of stabilization and specialized supervision due to chronic runaway behavior. Moneys shall be paid into the account by the Department of Health and Human Resources based upon an established per diem rate. The Department of Health and Human Resources and the Division of Juvenile Services shall jointly establish the per diem rate to be paid into the fund by the Department of Health and Human Resources for each juvenile status offender in need of stabilization and specialized supervision due to chronic runaway behavior housed in a Division of Juvenile Services staff secure facility pursuant to the provisions of this article and by cooperative agreement. The Director of Juvenile Services is authorized to make expenditures from the fund in accordance with the provisions of article three, chapter twelve of this code to offset expenses incurred by the Division of Juvenile Services in housing, treatment and caring for juvenile offenders."
     Having been engrossed, the bill was then read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 131), 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: Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2569) 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. 2621, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency; 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. 132), and there were--yeas 80, nays 18, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Border, Craig, Ireland, Lane, Louisos, McGeehan, Michael, C. Miller, J. Miller, Overington, Reynolds, Shott, Sobonya and Walters.
     Absent And Not Voting: Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2621) 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. 2660, Expanding the definition of limited health care service; 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. 133), 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: Romine, Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2660) 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. 2885, Establishing a uniform credentialing form and creating a single credentialing verification organization; 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. 134), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Blair, Carmichael, Cowles, Lane, J. Miller and Walters.
     Absent And Not Voting: Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2885) 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. 2926, Establishing a procedure for challenging a candidate's qualifications for elected office; 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. 135), 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: Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2926) 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. 3082, Relating to the gathering and reporting of foreclosure data and statistics; 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. 136), 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: Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3082) 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. 3189, Adding members to the Capitol Building Commission; 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. 137), 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: Ross and Susman.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3189) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 138), 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: Ross and Susman.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3189) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegate Stephens announced that he was absent when the votes were taken on Roll Nos. 101 through 122, and that had he been present, he would have voted "Yea" thereon.
     At 12:04 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

Special Calendar

Third Reading

-Continued-

     H. B. 3192, Requiring reports to the Governor from state agencies to be made available electronically via the internet; 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. 139), and there were--yeas 80, nays none, absent and not voting 20, with the absent and not voting being as follows:
     Absent And Not Voting: Cann, Crosier, Doyle, Duke, Ennis, Fragale, Givens, Hutchins, Lane, Longstreth, McGeehan, Michael, J. Miller, Reynolds, Rodighiero, Ross, Stephens, Susman, Swartzmiller and Tabb.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3192) 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. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state; 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. 140), and there were--yeas 81, nays none, absent and not voting 19, with the absent and not voting being as follows:
     Absent And Not Voting: Speaker Thompson, Cann, Crosier, Doyle, Duke, Ennis, Fragale, Givens, Hutchins, Lane, Longstreth, McGeehan, Michael, J. Miller, Ross, Stephens, Susman, Swartzmiller and Tabb.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3196) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 141), and there were--yeas 82, nays none, absent and not voting 18, with the absent and not voting being as follows:
     Absent And Not Voting: Cann, Crosier, Doyle, Duke, Ennis, Fragale, Givens, Hutchins, Lane, Longstreth, McGeehan, Michael, J. Miller, Ross, Stephens, Susman, Swartzmiller and Tabb.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3196) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
    Com. Sub. for H. B. 3208, Including the hours of training county board members have acquired; 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. 142), and there were--yeas 83, nays none, absent and not voting 17, with the absent and not voting being as follows:
     Absent And Not Voting: Cann, Crosier, Duke, Ennis, Fragale, Givens, Hutchins, Lane, Longstreth, McGeehan, Michael, J. Miller, Ross, Stephens, Susman, Swartzmiller and Tabb.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3208) 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. 3340, Relating to entry into a data state compact among the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 143), and there were--yeas 78, nays 6, absent and not voting 16, with the nays and absent and not voting being as follows:
     Nays: Cowles, Ireland, Lane, C. Miller, Sobonya and Wooton.
     Absent And Not Voting: Cann, Crosier, Duke, Ennis, Fleischauer, Fragale, Givens, Hutchins, Longstreth, McGeehan, Michael, J. Miller, Ross, Stephens, Swartzmiller and Tabb.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3340) passed.
    Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 144), and there were--yeas 81, nays 3, absent and not voting 16, with the nays and absent and not voting being as follows:
     Nays: Cowles, Sobonya and Susman.
     Absent And Not Voting: Cann, Crosier, Duke, Ennis, Fleischauer, Fragale, Givens, Hutchins, Longstreth, McGeehan, Michael, J. Miller, Ross, Stephens, Swartzmiller and Tabb.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3340) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for H. B. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others; on second reading, coming up in regular order, was laid over.      Com. Sub. for H. B. 2753, Relating to the continuation of the Design-Build Program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2767, Changing the membership of the PEIA Financial Board; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2916, Relating to the Emergency Medical Services Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2957, Requiring the county extension service to collect applicable data regarding the locations of all cemeteries within West Virginia; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 3076, Relating to the regulation and operation of cranes; 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. 2133, Increasing the penalties for discarding trash on land and in streams,
     Com. Sub. for H. B. 2415, Identifying salvia divinorum as a hallucinogen and adding it to the list of controlled substances,
     H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine,
     H. B. 2536, Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with,
     Com. Sub. for H. B. 2538, Relating to supplemental funding for the provision of alternative programs for limited English proficient students,
     H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
     Com. Sub. for H. B. 2626, Requiring licensure of pharmacy benefit managers,
     Com. Sub. for H. B. 2807, West Virginia Geographical Information System,
     Com. Sub. for H. B. 2863, Relating to construction of state utility projects,
     Com. Sub. for H. B. 2870, Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System,
     H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers,
     Com. Sub. for H. B. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code,
     Com. Sub. for H. B. 3043, Prohibiting extended coverage upon retirement based on years of service for new higher education employees,
     Com. Sub. for H. B. 3063, Relating to hunting, tagging and reporting bear,
     Com. Sub. for H. B. 3132, Relating to pedestrians' right-of-way in crosswalks,
     Com. Sub. for H. B. 3146, Relating to seniority rights for school service personnel,
     H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit Program,
     H. B. 3169, Providing a detailed standard of review that the county commission may apply in reviewing the findings of a fiduciary supervisor on probate matters,
     H. B. 3170, Clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons,
     Com. Sub. for H. B. 3194, Making it a misdemeanor to knowingly file false information with the Secretary of State,
     H. B. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for littering,
     Com. Sub. for H. B. 3224, Relating to compensation for condemnation commissioners,
     Com. Sub. for H. B. 3288, Relating to mental health parity,
     H. B. 3295, Relating to the West Virginia State Treasurer's Office,
     And,
     Com. Sub. for H. B. 3336, Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision.
     Delegate Cowles announced that he was absent when the vote was taken on Roll No. 123, and that had he been present, he would have voted "Yea" thereon.
     Delegate Doyle announced that he was absent when the votes were taken on Roll Nos. 139 through 141, and that had he been present, he would have voted "Yea" thereon.
     Delegate Marshall announced that she was absent when the votes were taken on Roll Nos. 101 through 122, and that had she been present, she would have voted "Yea" thereon.
     Delegate Rodighiero announced that he was absent when the vote was taken on Roll No. 139, and that had he been present, he would have voted "Yea" thereon.
     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. 2868, Allowing a deduction from the federal gross income for income derived from trust for autistic minor,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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; and amending said code by adding thereto a new article, designated §44-16-1, §44-16-2, §44-16-3, §44-16-4, §44-16-5, §44-16-6, §44-16-7, §44-16-8 and §44-16-9, all relating to the creation and maintenance of the West Virginia Autistic Children's Trust Fund; creating a tax credit for parents and guardians contributing to a qualified autistic children's trust fund against personal income tax obligations; providing for the limited carryover of unused tax credits; providing for the tax effects of earnings, proceeds and distributions for qualifying trust funds; making legislative findings; establishing legislative purposes; definitions; providing for the creation of trust fund; establishing eligibility criteria; providing mechanism for disbursements and maintenance; creating administrative account; providing for administration through the State Treasurer; providing for establishment of advisory board; membership of board; establishing reporting requirements; providing rule-making authority,"
     H. B. 2894, Establishing tax credits for personal and commercial users of the West Virginia Turnpike,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2894 - "A Bill to amend and reenact §11-21-12h of the Code of West Virginia, 1931, as amended, relating to programs for travel on toll roads in West Virginia; requiring West Virginia Parkways, Economic Development and Tourism Authority to establish a contiguous county transponder account discount program for certain noncommercial commuters; and modifying the conditions for the tax modifications available to commuters participating in certain authority programs,"
     H. B. 3017, Exempting from the consumers sales and service tax and use tax any sales of donated clothing or clothing accessories,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 3017 - "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 tax-exempt organizations engaged in retail sales of clothing and clothing accessories from the consumers sales tax; authorizing the Tax Commissioner to designate the exemption as a per se exemption, thus exemption certificates would not be required,"
     H. B. 3051, Providing veterans' death certificates to families and funeral directors at no cost,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3051 - "A Bill to amend and reenact §16-5-29 of the Code of West Virginia, as amended, and to amend and reenact §59-1-10 of said code, all relating to circumstances when birth certificates and death certificates may be provided at no cost,"
     And,
     H. B. 3313 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,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for 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,"
     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. 2924, Relating to qualified military service for public employees retirement benefits,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2924 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-9-4 and §51-9-6 of said code; all relating to providing up to twenty-four months of military service credit for the time served in active military duty to any qualified member of the West Virginia Public Employees Retirement Act and the Retirement System for Judges hired for the first time on or after July 1, 2009 or for any qualified member who is not vested on June 30, 2009,"
     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. 3098, Requiring the Workers' Compensation Board of Managers to conduct a yearly review of available medical technologies, procedures and services, revising payment rates, and providing for payment of travel expenses of claimants,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3098 - "A Bill to amend and reenact §23-4-8 of the Code of West Virginia, 1931, as amended, relating to the payment of travel expenses of workers' compensation claimants,"
     H. B. 3134, Voting by mail pilot program,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3134 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3A-1, §3-3A-2, §3-3A-3, §3-3A-4 and §3-3A-5, all relating to a vote by mail pilot program; requiring the Secretary of State select five municipalities for a pilot project; rules governing the elections; authority to conduct voting; and termination of the pilot project,"
     With the recommendation that the committee substitutes each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bills (Com. Sub. for H. B. 3098 and Com. Sub. for H. B. 3134) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 3190, Allowing the purchase of service credit for those emergency services officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS),
     And reports the same back with the recommendation that it 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. 3036, Relating to notice and publication requirements for expungement petitions,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 3036 - "A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to notice and publication requirements for expungement petitions,"
     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. 2686, Requiring twenty consecutive minutes for meal breaks and fifteen minute rest periods for employees during each four hours of work,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2686 - "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to employee work breaks; requiring twenty consecutive minutes for meal breaks; and requiring ten minute rest periods for certain employees during each four hours of work,"
     H. B. 2695, Providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2695 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §20-2-57a and 20-2-57b, all relating to duties and conduct by a hunter while hunting and related offenses; amending crimes and penalties for negligent shooting of animals and damage to property by a hunter while hunting; amending crimes and penalties for negligent shooting of another person by a hunter while hunting; amending reporting requirements; requiring hunter responsible for shooting another person to render aid to the injured person; creating misdemeanor and felony offenses for failing to render aid to the injured person; prohibiting hunting while intoxicated; creating misdemeanor offense of hunting while intoxicated; creating misdemeanor and felony offenses for shooting and wounding or killing another person while hunting under the influence of alcohol, controlled substances or drugs; providing for the suspension of hunting and fishing license for violations; and criminal penalties,"
     H. B. 3240, Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3240 - "A Bill to amend and reenact §17F-1-2 of the Code of West Virginia, 1931, as amended, relating to all-terrain vehicle rider safety awareness courses; authorizing the commissioner of Motor Vehicles to authorize state institutions of higher education to issue certificates of completion; and limiting the liability of the state institutions of higher education which operate, own, train or promote all-terrain vehicle rider safety awareness courses approved by the commissioner,"
     H. B. 3278, Relating to the life and health insurance guaranty association,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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,"
     And,
     H. B. 3305, Relating to the powers and duties of probation officers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has given further consideration to:
     Com. Sub. for H. B. 2788, Protecting incapacitated adults from abuse or neglect by a caregiver,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2832, Relating to critical skills evaluations for students in grades three and eight,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2832 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-10, relating to critical skills instruction programs for students in grades three and eight; setting forth legislative findings; providing for state board rules to effectuate section; establishing minimum provisions of rules; providing condition for promotion for certain students under certain circumstances; requiring suitable facilities by county boards; preserving teacher's judgment on student retention decisions; and preserving individualized education plans from effect of section,"
     H. B. 2961, Adding two members to the institutional boards of governors of West Virginia University and Marshall University based upon race, gender and ethnicity,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2961 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1D-9; and to amend and reenact §18B-2A-1 of said code, all relating to the administration of institutions of higher education in West Virginia generally; requiring training and development opportunities for members of the Higher Education Policy Commission, the Council for Community and Technical College Education and the institutional governing boards; revising criteria for membership of the institutional governing boards and the manner in which the membership is determined; and requiring the governor to consider certain factors and seek a certain balance when appointing members,"
     H. B. 3000, Relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3000 - "A Bill to amend and reenact §11-13-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13- 2q; and to amend and reenact §24-2-11a of said code, all relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines; imposing a business and occupation tax; setting forth legislative findings; defining certain terms; providing for the rate and measure of tax; prohibiting certain credits against tax; providing for the dedication of tax proceeds; establishing the Crossed County Transmission Line Fund; establishing the All Counties Municipalities Transmission Line Revenue Fund; providing for the distribution of tax proceeds to local governmental units; specifying establishment of accounts and for local governmental units' expenditure of funds for limited purposes; authorizing the Tax Commissioner to promulgate rules; requiring reports to the Legislature; requiring additional notice to certain property owners impacted by transmission line construction; providing for severability; providing criteria for a certificate of public convenience and necessity for the construction of certain high voltage transmission lines,"
     H. B. 3195, Establishing a funding mechanism for state aid for local health departments,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3195 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to rule-making authority of the Secretary of the Department of Health and Human Resources; authorizing legislative and emergency rules to establish a funding mechanism for state aid for local health departments and to basic public health services funds,"
     And,
     H. B. 3275, Changing the date through which governmental entities are required to purchase workers' compensation,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3275 - "A Bill to amend and reenact §23-2C-15 of the Code of West Virginia, 1931, as amended, relating to workers' compensation insurance for state and local governmental bodies; changing the date through which governmental entities are required to purchase workers' compensation through the West Virginia Employers' Mutual Insurance Company; and prohibiting cancellation or nonrenewal of policies until a date certain, except in certain specified circumstances,"
     With the recommendation that the committee substitutes each 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. 2359, Defining "caving" as a recreational purpose and activity for which a landowner's liability for injury is limited,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2359 - "A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to defining 'spelunking' as a recreational purpose and activity for which a landowner's liability for injury is limited,"
     H. B. 3057, Requiring all law-enforcement agencies to certify qualified law-enforcement officers to carry concealed firearms,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3057 - "A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004,"
     And,
     H. B. 3314, Relating to concealed handgun licensing,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for 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; requiring reissue application to be ruled on within forty-five days; eliminating social security number from issued license; related to the honoring of concealed handgun licenses issued by another state; and requiring that a potential reciprocating state's licensure standards be similar to or greater than those of this state,"
     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. 2860, Regulating the sequestration and storage of carbon dioxide,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2860 - "A Bill to amend and reenact §22-11-4, §22-11-22, §22-11-24 and §22-11-25 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-11A-1, §22-11A-2, §22-11A-3, §22-11A-4, §22-11A-5, §22-11A-6, §22-11A-7, §22-11A-8 and §22-11A-9, all relating to regulating the sequestration and storage of carbon dioxide; providing for powers and duties of the Department of Environmental Protection; providing for civil penalties and injunctive relief; providing for criminal penalties; providing for civil liability; setting forth legislative findings; defining terms; specifying powers and duties; specifying carbon dioxide permitting requirements; establishing a working group to study and make recommendations regarding carbon dioxide sequestration; and authorizing the promulgation of legislative rules and cooperative agreements,"
     H. B. 3281, Improving the technology infrastructure of the West Virginia Secretary of State's Office,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3281 - "A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to establishing a processing fee for services provided by the Office of Secretary of State,"
     And,
     H. B. 3130, Increasing the barrel tax on nonintoxicating beer,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3130 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended, relating to increasing the barrel tax on nonintoxicating beer,"
     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. 2986, Imposing a tax of up to $100 per $100,000 on the transfer of real estate within the incorporated limits of any municipality,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2986 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to allowing the imposition of a tax on the transfer of real estate within the incorporated limits of any municipality,"
     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. 2981, Relating to primary elections and nominating procedures of third-party candidates,
     And reports the same back with the recommendation that it do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2388, Expanding the membership of the Racing Commission and reorganizing the administrative functions,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2388 - "A Bill to repeal §19-23-27, §19-23-28 and §19-23-29 of the Code of West Virginia, 1931, as amended, be repealed; to amend and reenact §6-7-2a of said code; and to amend and reenact §19-23-4, §19-23-5, §19-23-6, §19-23-15, §19-23-16 and §19-23-17 of said code, all relating to the organization of the racing commission; establishing the criteria for membership; creating the position of director of racing; establishing the qualification of the director of racing; permitting the director to hire a staff; providing a compliant procedure; requiring the use of the administrative procedures act to conduct a hearing and providing an appeal procedure,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 2388) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 3022, Creating a medical home health care plan for uninsured adults,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3022 - "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, §16-2L-5, §16- 2L-6 and §16-2L-7, all relating to the creation of a medical home health care plan for uninsured adults providing primary and preventive care; the plan's cost would not exceed $40 per month per subscriber, medical home participating providers would be paid a capitation payment per member per month; funding to be provided by the State of West Virginia if available, the uninsured adult and his or her employer; providing the Director of the Public Employees Insurance Agency with the authority to develop the plan and to promulgate regulations, policies and procedures if resources are available; providing that an administrative fee may be charged per member per month to cover the administrative costs if no other funding is made available; providing for requirements for participating health care providers; and providing the Public Employees Insurance Agency with the authority to suspend, revoke or nonrenew participating providers' participation agreements,"
     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. 3079, Changing the definition of "health care provider" and "drug" for the purpose of consumers sales tax, and exempting from the consumers sales tax drugs purchased by veterinarians to be dispensed by prescription for the treatment of animals,
     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. 2781, Providing a tax credit to sawmills that become certified in the Leadership in Energy and Environmental Design Green Building Rating System,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2781 - "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, §16-2L-5, §16- 2L-6 and §16-2L-7, all relating to the creation of a medical home health care plan for uninsured adults providing primary and preventive care; the plan's cost would not exceed $40 per month per subscriber, medical home participating providers would be paid a capitation payment per member per month; funding to be provided by the State of West Virginia if available, the uninsured adult and his or her employer; providing the Director of the Public Employees Insurance Agency with the authority to develop the plan and to promulgate regulations, policies and procedures if resources are available; providing that an administrative fee may be charged per member per month to cover the administrative costs if no other funding is made available; providing for requirements for participating health care providers; and providing the Public Employees Insurance Agency with the authority to suspend, revoke or nonrenew participating providers' participation agreements,"
     With the recommendation that the committee substitute 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. 15, Requesting that the West Virginia State Veterans Cemetery be named "The Donel Kinnard Veterans Cemetery".
    A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 195 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to licensure of medical adult day care centers; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control treatment and commitment; authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators; and authorizing the Division of Human Services to promulgate a legislative rule relating to child care center licensing"; 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. 299 - "A Bill to amend and reenact §31-15A-2 and §31-15A-7 of the Code of West Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia Infrastructure Fund; providing definitions; specifying that infrastructure projects providing conduit or other supporting or containing structures for telecommunications and broadband transmission lines be included in infrastructure projects eligible for funding; including the feasibility of inclusion of broadband transmission lines concomitant with the construction of new roads; providing that construction of broadband transmission lines may be funded from the Infrastructure Road Improvement Reserve Account within the Infrastructure Fund; removing the limitation of the amount of funds which may be annually transferred to the account and requiring reasonable and nondiscriminatory access to conduit or other supporting or containing structures for telecommunications and broadband transmission lines, and requiring legislative rules"; which was referred to the Committee on Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 336
- "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense"; which was referred to the Committee on Roads and Transportation 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. 473
- "A Bill to amend and reenact §29-6-24 of the Code of West Virginia, 1931, as amended, relating to clarifying provisions relating to postings of job openings after a vacancy is created"; which was referred to the Committee on Government Organization.
    A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 694 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-28, relating to mutual aid agreements; establishing a statewide intrastate mutual aid system; setting forth legislative findings; authorizing the Director of the Division of Homeland Security and Emergency Management to propose a statewide mutual aid agreement; establishing procedures to allow local jurisdictions to elect not to participate; establishing procedures to amend the mutual aid agreement; creating a Statewide Intrastate Mutual Aid Committee; and establishing procedures for comment for changes to the agreement and the reenactment of the agreement"; which was referred to the Committee on Government Organization then the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
     S. C. R. 8, Requesting Division of Highways name bridge in Mullens "Charles V. Stewart Memorial Bridge".

Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Ross.
     At 5:27 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 30, 2009.

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