Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Calendar | Special Calendar | Journal | Menu |

House Journal


Day 00 (01-14-2009)
Day 01 (02-11-2009)
Day 02 (02-12-2009)
Day 03 (02-13-2009)
Day 06 (02-16-2009)
Day 07 (02-17-2009)
Day 08 (02-18-2009)
Day 09 (02-19-2009)
Day 10 (02-20-2009)
Day 13 (02-23-2009)
Day 14 (02-24-2009)
Day 15 (02-25-2009)
Day 16 (02-26-2009)
Day 17 (02-27-2009)
Day 20 (03-02-2009)
Day 21 (03-03-2009)
Day 22 (03-04-2009)
Day 23 (03-05-2009)
Day 24 (03-06-2009)
Day 27 (03-09-2009)
Day 28 (03-10-2009)
Day 29 (03-11-2009)
Day 31 (03-13-2009)
Day 34 (03-16-2009)
Day 35 (03-17-2009)
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)
Day 108 (05-29-2009)
Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-03-30-48


__________*__________




Monday, March 30, 2009

FORTY-EIGHTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, March 27, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

     Delegates Boggs, Perry, Kominar, Barker, Cann, Ennis, Hartman, Mahan, Michael, Moore, Pethtel, Staggers, Varner, Walters and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 51 - "Urging the United States Congress to protect state regulation of the business of insurance."
     Whereas, State insurance regulators have ensured the solvency of this nation's insurers, implemented a comprehensive consumer protection scheme, licensed insurance companies and agents, and supervised other areas of insurance business for over one hundred fifty years; and
     Whereas, State insurance regulation has been largely successful and effective, has adapted to changes in the marketplace, and encourages innovation; and
     Whereas, State legislatures and state insurance regulators are more responsive to the needs of consumers and are more aware of and responsive to the unique characteristics and demands of individual states; and
     Whereas, Governors, State Legislators, and insurance commissioners have acknowledged the need to streamline and simplify insurance regulation and are working to enact reforms to remedy the unnecessary differences in state laws and eliminate requirements that prevent insurers and agents from serving the needs of insurance consumers in an effective and timely manner; and
     Whereas, Many states, including West Virginia, regularly update state insurance laws and have recently enacted legislation that enables the insurance industry to more effectively respond to changing market conditions; and
     Whereas, The 111th Congress of the United States is expected to consider legislation that would establish an entirely new insurance regulatory system at the federal level and threaten the continued viability of the state system in the process; and
     Whereas, A new and untested federal insurance regulatory system would almost certainly be more remote and politicized and less accessible and responsive than the current state system; and
     Whereas, If enacted by the Congress of the United States, these proposals would bifurcate insurance regulation between the states and federal government, undermining the state system of consumer protections and financial surveillance, as well as inevitably causing a loss of jobs, taxes, fees and other vital and necessary state revenues needed to effectively regulate the insurance market and provide revenues to support residual market programs; and
     Whereas, A dual regulatory structure will create consumer confusion and result in a regulatory race to bottom; and
     Whereas, Insurance companies paid approximately $105 million in premium taxes to West Virginia in 2006, and a federalization of insurance could put these payments and other fees and revenues at risk; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the 79th Legislature of the State of West Virginia hereby respectfully urges the Congress of the United States of America to oppose any proposed laws that would establish a federal insurance regulatory system or otherwise alter the McCarran-Ferguson Act; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Members of the United States House Financial Services Committee, the Members of the United States Senate Banking, Housing and Urban Affairs Committee, the United States Secretary of the Treasury, and to all Members of the West Virginia Delegation to the Congress of the United States with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States.
Motions

     Unanimous consent having been obtained, Delegate Armstead addressed the House regarding his intent to offer a procedural motion in subsequent proceedings relative to H. J. R. 5, The Marriage Protection Amendment.
     At the conclusion of his remarks, Delegate Armstead relinquished the floor and having again arisen, was recognized by the Speaker.
     Delegate Armstead then moved that the Committee on Constitutional Revision be discharged from further consideration of H. J. R. 5.
     Delegate Boggs arose and, being recognized, moved that the motion to discharge the Committee on Constitutional Revision be postponed indefinitely.
     Delegate Caputo then arose and was recognized by the Speaker, and moved the previous question on the motion to postpone indefinitely, which motion was sustained in accordance with the provisions of House Rule 63.
     The Speaker propounded "Shall the main question be now put?" and on this motion, the yeas and nays were demanded, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 145), and there were--yeas 65, nays 31, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Guthrie, Hamilton, Ireland, Lane, Louisos, McGeehan, Michael, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Sobonya, Sumner and Walters.
     Absent And Not Voting: Hatfield, Hutchins, Kominar and Shook.
    So, a majority of the members present and voting having voted in the affirmative, the main question was ordered.
     The main question being the motion to postpone indefinitely the motion to discharge the Committee on Constitutional Revision as to H. J. R. 5, the same was stated by the Speaker.
     Delegate Boggs was recognized to make a closing statement, under the provisions of House Rule 63.
     The main question being on the motion to postpone indefinitely, the yeas and nays were demanded, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 146), and there were--yeas 67, nays 30, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
     Absent And Not Voting: Hutchins, Kominar and Shook.
     So, a majority of the members present and voting having voted in the affirmative, the motion to postpone indefinitely the motion to discharge the Committee on Constitutional Revision as to H. J. R. 5 prevailed.
Special Calendar

Unfinished Business

     H. C. R. 46
, Requesting the Joint Committee on Government and Finance to conduct a study on expanding the scope of practice for optometrists; 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.
     H. C. R. 47, The "PFC Ronald 'Ronnie' Dean, USMC, 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.
Third 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 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. 147), 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: Hutchins, Kominar 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. 2737) 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. 2753, Relating to the continuation of the Design-Build Program; 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. 148), 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: Hutchins, Kominar 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. 2753) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 149), 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: Hutchins, Kominar 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. 2753) 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. 2767, Changing the membership of the PEIA Financial Board; on third reading, coming up in regular order, was read a third time.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 150), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
     Nays: Porter, Schoen, Sobonya and Walters.
     Absent And Not Voting: Hutchins, Kominar 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. 2767) passed.
     Delegate Boggs moved that the bill take effect July 1, 2009.
     On this question, the yeas and nays were taken (Roll No. 151), 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: Hutchins and Kominar.
     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. 2767) 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.
     Com. Sub. for H. B. 2916, Relating to the Emergency Medical Services 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. 152), 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: Hutchins and Kominar.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2916) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 153), 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: Hutchins and Kominar.
     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. 2916) 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. 2957, Requiring the county extension service to collect applicable data regarding the locations of all cemeteries within West Virginia; 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. 154), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Cowles, Duke, Ireland, Lane, C. Miller, J. Miller, Romine, Rowan, Schadler, Sobonya and Walters.
     Absent And Not Voting: Hutchins and Kominar.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2957) 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. 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 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. 155), 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: Hutchins and Kominar.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2967) passed.
     Delegate Boggs moved that the bill take effect July 1, 2009.
     On this question, the yeas and nays were taken (Roll No. 156), 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: Hutchins and Kominar.
     So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2967) 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.
     Com. Sub. for H. B. 3076, Relating to the regulation and operation of cranes; 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. 157), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: McGeehan, Porter and Susman.
     Absent And Not Voting: Hutchins and Kominar.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3076) passed.
     On motion of Delegate Webster, the title of the bill was amended to read as follows:      Com. Sub. for H. B. 3076 - "A Bill to amend and reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4 and §21-3D-7 of the Code of West Virginia, 1931, as amended, all relating to the regulation and operation of cranes; providing new definition for tower crane; establishing certification renewal requirements for crane operators; providing for automatic certification of certain crane operators; and creating a penalty for operation of tower cranes without certification."
     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. 2133, Increasing the penalties for discarding trash on land and in streams; 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. 2415, Identifying salvia divinorum as a hallucinogen and adding it to the list of controlled substances; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2536, Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with; 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. 2538, Relating to supplemental funding for the provision of alternative programs for limited English proficient students; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal; 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. 2626, Requiring licensure of pharmacy benefit managers; 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 read a second time.
     On motion of Delegates Perdue and Morgan, the bill was amended on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"CHAPTER 33. INSURANCE.

ARTICLE 3. LICENSING, FEES AND TAXATION.
§33-3-14e. Health Care Information Technology Reinvestment Fee
.
_____(a) The Legislature finds the following:
_____(1) Improving the capability to access and exchange electronic health information is a key component of the health care reform efforts in West Virginia.
_____(2) The access and exchange of electronic health information improves the quality of care and the efficiency of health practitioners.
_____(3) The financing model of the existing health care system results in most of the financial benefits of the use of health information technology not being realized by the primary care practitioners who have to invest in and use the electronic medical record but by those who pay for health care services.
_____(4) Significant funding is potentially available under the federal American Recovery and Reinvestment Act (Public Law 111-16) to advance the purposes of this article if a state prepares to implement health information technology in alignment with that Act and provides necessary matching funds.
_____(b) As used in this section:
_____(1) 'Commission' means the Insurance Commission.
_____(2) 'Commissioner' means the commissioner of the Insurance Commission.
_____(3) 'Health insurance' means any group or individual health care benefit policy, contract, or other health benefit plan offered, issued, renewed, or administered by any health insurer, including any health care benefit plan offered, issued, or renewed by any health insurance company, any nonprofit hospital and medical service corporation, or any managed care organization as defined in chapter 33 of this code. The term does include the Public Employees Insurance Agency. The term does not include Medicaid, State Children's Health Insurance Program, or any other state health care assistance program financed, in whole or in part, through a federal program, until authorized by the federal program. The term does not include policies issued for specified disease, accident, injury, hospital indemnity, dental care, long term care, disability income, or other limited benefit health insurance policies.
_____(4) 'Health insurer' means an entity licensed by the commissioner to transact accident and sickness insurance in this state, service corporations licensed pursuant to article twenty-four of this chapter, health maintenance organizations licensed pursuant to article twenty-five-a of this chapter.
_____(5) 'Health TPA' means a third party administrator registered in accordance with the provisions of article forty-six of this chapter, that handles health claims for any entity other than a health insurer.
_____(6) 'WVHIN' is the West Virginia Health Information Network created in article twenty-nine-g, chapter sixteen.
_____(c) The fee shall be established in the following manner:
_____(1) Quarterly, beginning October 1, 2009, each health insurer shall pay a fee into the West Virginia Health Information Network Account established in section four, article twenty-nine-g, chapter sixteen. The health insurer may choose either of the following fee options: (A) 0.05 of one percent of all health care claims paid by the health insurer on health insurance for its West Virginia members in the previous fiscal quarter, or
_____(2) An annual fee payable quarterly, to be calculated on or before August 1, 2009 and on or before August 1 of each succeeding year by the Insurance Commission or by an agent retained by the commission, in consultation with the Governor's Office of Health Enhancement and Lifestyle Planning, based on the proportion which the health insurer's total annual health care claims on health insurance for its West Virginia members for the most recent four quarters of data available to the commission bears to the total health care claims for all health insurers for the most recent four quarters of data available to the commission, multiplied by the total fee revenue which would be raised if all health insurers chose the fee option established in subdivision (1) of this subsection. Such fee shall be subject to an annual recalculation by the Insurance Commission, or an agent retained by the commission, with any surplus or shortfall in the amount collected adjudicated in the following fiscal quarter and bearing no interest or penalty to any party.
_____(d) It is the intent of the Legislature that all health insurers shall contribute equitably to the West Virginia Health Information Network Account established in section four, article twenty-nine- g, chapter sixteen of this code.
_____(e) The West Virginia Health Information Network may adopt such legislative rules and issue such orders as are necessary to carry out the purposes of this section.
_____(f) If any health insurer fails to pay the fee established in subsection (c) of this section within forty-five days after notice from the WVHIN, the Director of WVHIN, or his or her designee, shall notify the Insurance Commission, and the Director of the Governor's Office of Health Enhancement and Lifestyle Planning of the failure to pay. In addition to any other remedy or sanction provided for by law, if the commissioner finds, after notice and an opportunity to be heard, that the health insurer has violated this section or any legislative rule or order adopted or issued pursuant to this section, the commissioner may take any one or more of the following actions:
_____(1) Assess an administrative penalty on the health insurer of not more than $1,000 for each violation and not more than $10,000 for each willful violation;
_____(2) Order the health insurer to cease and desist in further violations; or
_____(3) Order the health insurer to remediate the violation, including the payment of fees in arrears and payment of interest on fees in arrears at the rate of twelve percent per annum.
_____(g) No later than June 30, 2011, the Director of WVHIN and the Director of the Governor's Office of Health Enhancement and Lifestyle Planning, or his or her designee, shall assess the adequacy of funding and make recommendations to the Legislature and the Governor concerning the appropriateness of the duration of the health care information technology reinvestment fee. If at any time the Director of the Governor's Office of Health Enhancement and Lifestyle Planning and the Director of WVHIN determine that the assessment set forth in subdivision (c) will produce funds exceeding those necessary to accomplish the purposes of this article due to the availability of federal or other funds for these purposes, the Director of WVHIN shall propose legislation to reduce or eliminate the fee.
_____(h) This section shall be effective from July 1,2009 through June 30, 2012.
"
     The bill was then ordered to engrossment and third reading.
     Com. Sub. for H. B. 2807, West Virginia Geographical Information System; 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. 2863, Relating to construction of state utility projects; 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. 2870, Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System;
on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers' 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. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code; 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. 3043, Prohibiting extended coverage upon retirement based on years of service for new higher education employees; 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. 3063, Relating to hunting, tagging and reporting bear; 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. 3132, Relating to pedestrians' right-of-way in crosswalks; 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. 3146, Relating to seniority rights for school service personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit Program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 3170, Clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons; 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. 3194, Making it a misdemeanor to knowingly file false information with the Secretary of State; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for littering; 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. 3224, Relating to compensation for condemnation commissioners; 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. 3288, Relating to mental health parity; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 3295, Relating to the West Virginia State Treasurer's Office; 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. 3336, Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision; 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. 2114, Providing a penalty for employers failing to withhold an employee's income for child support obligations,
     Com. Sub. for H. B. 2170, Authorizing the Department of Commerce to promulgate legislative rules,
     Com. Sub. for H. B. 2359, Defining "spelunking" as a recreational purpose and activity for which a landowner's liability for injury is limited,
     Com. Sub. for H. B. 2388, Expanding the membership of the Racing Commission and reorganizing the administrative functions,
     Com. Sub. for H. B. 2457, Requiring group insurance companies and third party administrators to furnish claims experience to policyholders,
     Com. Sub. for H. B. 2686, Requiring twenty consecutive minutes for meal breaks and fifteen minute rest periods for employees during each four hours of work,
     Com. Sub. for H. B. 2695, Providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting,
     Com. Sub. for H. B. 2723, Authorizing municipalities to provide administrative procedures for the assessment and collection of delinquent municipal fees,
     Com. Sub. for H. B. 2781, Providing a tax credit to sawmills that become certified in the Leadership in Energy and Environmental Design Green Building Rating System,
     Com. Sub. for H. B. 2819, Authorizing miscellaneous agencies and boards to promulgate legislative rules,
     Com. Sub. for H. B. 2832, Relating to critical skills evaluations for students in grades three and eight,
     Com. Sub. for H. B. 2860, Regulating the sequestration and storage of carbon dioxide,
     Com. Sub. for H. B. 2868, Creating and maintaining the West Virginia Autistic Children's Trust Fund, and creating a tax credit for contributing to a qualified autistic children's trust fund,
     Com. Sub. for H. B. 2894, Establishing tax credits for personal and commercial users of the West Virginia Turnpike,
     Com. Sub. for H. B. 2924, Relating to qualified military service for public employees retirement benefits,
     Com. Sub. for 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,
     H. B. 2981, Relating to primary elections and nominating procedures of third-party candidates,
     Com. Sub. for 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,
     Com. Sub. for H. B. 3000, Relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines,
     Com. Sub. for H. B. 3017, Exempting from the consumers sales and service tax and use tax any sales of donated clothing or clothing accessories,
     Com. Sub. for H. B. 3022, Creating a medical home health care plan for uninsured adults,
     Com. Sub. for H. B. 3036, Relating to notice and publication requirements for expungement petitions,
     Com. Sub. for H. B. 3051, Providing veterans' death certificates to families and funeral directors at no cost,
     Com. Sub. for H. B. 3057, Requiring all law-enforcement agencies to certify qualified law-enforcement officers to carry concealed firearms,
     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,
     Com. Sub. for H. B. 3098, Relating to the payment of travel expenses of workers' compensation claimants,
     Com. Sub. for 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,
     Com. Sub. for H. B. 3130, Increasing the barrel tax on nonintoxicating beer,
     Com. Sub. for H. B. 3134, Municipal vote by mail pilot program,
     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,
     Com. Sub. for H. B. 3195, Establishing a funding mechanism for state aid for local health departments,
     Com. Sub. for H. B. 3240, Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses,
     Com. Sub. for H. B. 3275, Changing the date through which governmental entities are required to purchase workers' compensation,
     Com. Sub. for H. B. 3276, Amending the professional surveyors act,
     Com. Sub. for H. B. 3278, Relating to the life and health insurance guaranty association,
     Com. Sub. for H. B. 3281, Improving the technology infrastructure of the West Virginia Secretary of State's Office,
     Com. Sub. for H. B. 3305, Relating to the powers and duties of probation officers ,
     Com. Sub. for 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,
     Com. Sub. for H. B. 3314, Relating to concealed handgun licensing,
     H. B. 3337, Relating to the regulation and control of elections,
     And,
     Com. Sub. for H. B. 3339, Facilitating the complete closure of the Gwinn, otherwise known as the EPA Services Landfill, located in Summers County.
Miscellaneous Business

     Delegate Tabb announced that he was absent on Friday, March 27, 2009 when the votes were taken on Roll Nos. 139 through 144, and that had he been present, he would have voted "Yea" thereon.
     At the request of Delegate Border, and by unanimous consent, the remarks of Delegate Armstead regarding the motion to discharge H. J. R. 5, The Marriage Protection Amendment, were ordered printed in the Appendix to the Journal.
     Delegate Caputo also asked and obtained unanimous consent that the remarks of Delegate Boggs regarding the motion to discharge H. J. R. 5, The Marriage Protection Amendment, were ordered printed in the Appendix to the Journal.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Hutchins and Kominar.
     At 11:50 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 31, 2009.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature *