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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)
hdj2009-03-31-49


__________*__________




Tuesday, March 31, 2009

FORTY-NINTH 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 Monday, March 30, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
* * * * * * * * * * * * * * * *

Delegate Caputo announced that the Sergeant-at-Arms, the Honorable Oce Smith, had fallen gravely ill with the diagnosis of an aortic aneurysm. Delegate Caputo stated that Sergeant-at-Arms Smith had been air transported to Cleveland Clinic, where he was undergoing critical reparative surgery, and asked that the members and staff remember in their thoughts throughout this day.
Delegate Moore was then recognized and requested that all present in the Chamber to rise for a special prayer for the Sergeant-at-Arms.
* * * * * * * * * * * * * * * *

At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, on behalf of all members of the House offered the following resolution, which was read by the Clerk as follows:
H. R. 46 - "Commemorating the life of the Honorable William D. 'Bill' Proudfoot, civic leader, farmer, beloved husband and father, and member of the West Virginia House of Delegates."
Whereas, Bill Proudfoot was born November 30, 1940, in Buckhannon, West Virginia and was the son of the late William D. and Helen Alkire Proudfoot; and
Whereas, A self-made man, Bill was raised in humble surroundings on the Proudfoot family farm near Elkins, on which he still resided with his family and maintained as a working farm at the time of his passing; and
Whereas, He received his high school diploma from Elkins High School, his undergraduate degree from Fairmont State College, his master's degree from Marshall University and did doctoral work at West Virginia University; and
Whereas, Bill Proudfoot was married to his beloved wife, Lynn Currence Proudfoot, attendance director for Randolph County Schools; and had two sons, William Alexander Proudfoot, a sophomore at West Virginia University, and Benjamin Currence Proudfoot, a junior at Elkins High School; and a daughter, Elizabeth Dorsey Proudfoot, a sophomore at Elkins High School; and
Whereas, Bill served four years in the United States Army, was a classroom teacher and administrator, and retired as the Director of the Fred Eberlie Technical Center in Buckhannon; and
Whereas, A 32nd degree Mason and a Grand Master of the Knights Templar, he also was past president of the Tygart Valley Shrine Club, a member of the Davis Memorial Presbyterian Church in Elkins, the National Rifle Association, a past president of the Randolph County Farm Bureau, Elkins Kiwanis Club, Veterans of Foreign Wars and the American Legion, West Virginia Cattlemen's Association, BPOE, Retired Teachers Association, Tygart Valley Shrine Club, West Virginia Farm Bureau and the Chamber of Commerce; and
Whereas, Bill was a devoted family man who always found time for his wife and children, supporting his children's 4-H and school activities and often bringing his family along to legislative functions so they could share his legislative experiences; and
Whereas, Bill Proudfoot represented the 37th District, comprising Randolph and Pocahontas counties, with distinction as a member of the West Virginia House of Delegates from 1990 until his passing and held numerous legislative positions during his tenure, including: Vice Chairman of the Committee on Education for the 72nd Legislature, Chairman of the Committee on Natural Resources for the 73rd Legislature, and Chairman of the Committee on Political Subdivision for the 74th, 75th, 76th and 77th Legislatures; and during the 2008 session, Bill served as the Vice Chairman of the House Judiciary Committee and was a member of Committee on Political Subdivisions and the Rules Committee; and
Whereas, We will remember Bill as a colleague who brought a deep reservoir of knowledge and experience to his legislative work that traversed such a wide array of issues - whether it was natural resources, agriculture, education, history, government, all things industrial or mechanical, or virtually anything else we delved into. Bill had a wisdom and depth about him that was attained over the course of living a rich life filled with many and varied experiences; and
Whereas, For all of Bill's many legislative contributions, he will be most remembered by this House for simply being the wonderful human being that he was - a kind and decent person who was universally liked by his colleges and who was known for his genuine warmth and good cheer; and
Whereas, William D. "Bill" Proudfoot passed away on December 23, 2008, leaving behind a legacy of loving dedication and commitment to his family, community and state; therefore, be it
Resolved by the House of Delegates:
That the members of the House of Delegates hereby express their profound sadness at the passing of one of their own, the Honorable William D. "Bill" Proudfoot, civic leader, farmer, beloved husband and father, and colleague; and, be it
Further Resolved, That the House of Delegates hereby commemorates the life of William D. "Bill" Proudfoot, a kind and decent person whose unique abilities touched the lives of many West Virginians; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for the family of William D. "Bill" Proudfoot, including his beloved wife, Lynn Currence Proudfoot, his two sons, William Alexander Proudfoot and Benjamin Currence Proudfoot, and his daughter, Elizabeth Dorsey Proudfoot.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 46) to a committee was dispensed with, and it was taken up for immediate consideration.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 158), 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: Ennis, Skaff and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 46) adopted.
Delegate Skaff announced that he was absent when the previous vote was taken on Roll No. 158, and that had he been present, he would have voted "Yea" thereon.
Delegates Susman, Longstreth, Manypenny, Perdue, Staggers, Fleischauer, Argento, Barker, Beach, Boggs, Brown, Cann, Crosier, Doyle, Eldridge, Ellem, Fragale, Guthrie, Hatfield, Iaquinta, Klempa, Kominar, Lawrence, Louisos, Mahan, Manchin, Martin, McGeehan, Miley, Moore, Morgan, Moye, Reynolds, Rodighiero, Shook, Stephens, Talbott, Webster, Wells, White and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 52 - "Supporting the development of a permanent utility-scale wind farm on Coal River Mountain in the Coal River Mountain Area of Raleigh County, West Virginia, in order to promote the diversification of the local and state economies and energy portfolios while allowing for continued responsible underground coal mining in the area."
Whereas, The West Virginia coal industry provides a significant amount of energy for the United States and a vital source of jobs and economic revenue for West Virginia, including one thousand one hundred mining jobs and over $1.5 million in annual coal severance taxes for Raleigh County; and
Whereas, There are vast opportunities for diversifying the state energy portfolio, while creating new industries, new jobs and new sources of revenue that can complement those contributed by the coal industry in southern West Virginia counties such as Raleigh County; and
Whereas, Wind power provides one such opportunity, as there are substantial, economically feasible wind resources of both the large and small scale that can be developed in southern West Virginia; and
Whereas, Studies have shown that wind resources and the economic benefits of wind development are severely diminished and development rendered economically prohibitive as the ridge altitude is reduced as a result of surface mining; and
Whereas, A Coal River Mountain wind farm, consisting of one hundred sixty-four wind turbines and generating three hundred twenty-eight megawatts of electricity, would provide over $1.74 million in annual property taxes to Raleigh County; and coal severance taxes related to proposed mountaintop removal mining, by comparison, would provide the county with only $36,000 per year; and
Whereas, A wind farm of this magnitude, combined with incentives for development of other wind farms in Raleigh County and other counties in southern West Virginia, could result in the development and growth of a viable and lasting wind industry; and
Whereas, By stimulating new economic opportunities in the rural parts of Raleigh County, the wind farm would provide greater opportunities for economic diversification than would be provided by the surface mining operations proposed for Coal River Mountain; and
Whereas, Wind power development on Coal River Mountain is possible because of the unique topography of the region, and wind is a natural resource from which much of southern West Virginia will be unable to benefit economically if surface mining continues and is expanded on, and in adjacent to areas of Coal River Mountain; and
Whereas, Raleigh County coal production and mine productivity have been steadily declining since 1997, even as surface mine production has expanded, thus indicating that coal reserves in Raleigh County are being rapidly depleted, as will be the jobs and severance taxes that coal mining currently contributes to the county's economy; and
Whereas, A December 2008 study shows that long-term economic stewardship of Coal River Mountain, allowing for both the continued recovery of coal by expanding underground mining while preserving the surface landscape of Coal River Mountain for wind farming, affords substantial and relatively greater economic benefits through diversified economic development and energy production than surface mining would, and which surface mining activity alone eliminates; and
Whereas, Underground mining in West Virginia employs approximately twice the number of workers per ton of coal produced than surface mining; and
Whereas, Developing alternative industries is necessary to ensure the future economic vitality of the Coal River Valley; and
Whereas, The proposed wind farm development for Coal River Mountain received the annual, nationally recognized and highly competitive "Building Economic Alternatives" award by the nonprofit Green America (formerly Co-Op America); and
Whereas, Formal surveys and opinion polls show that a decisive majority of West Virginia citizens support a ban on the surface mining practice of mountaintop removal mining, like that currently being permitted on Coal River Mountain, and that sixty-two percent of West Virginians support wind development rather than mountaintop removal mining for Coal River Mountain; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature supports the development of a permanent commercial wind farm on Coal River Mountain in the Coal River Mountain Area of Raleigh County, West Virginia, in order to promote the diversification of local and state economies and energy portfolios while continuing to properly evaluate the permitting of responsible underground coal mining activity in the area; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the Secretary of the Department of Environmental Protection.
Committee Reports

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 436, Updating terminology relating to surface mining reporting requirements.
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 436) to the Committee on Finance was abrogated.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 341, Transferring juvenile justice database administration to Supreme Court,
S. B. 346, Correcting code reference related to bear tagging,
And,
Com. Sub. for S. B. 453, Relating to Public Service Commission service of decisions,
And reports the same back with the recommendation that they 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:
Com. Sub. for S. B. 263, Disclosing certain inmates' personal communications,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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 30th 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:
(H. B. 3083), Permitting blood donations by persons age sixteen with parental consent.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and Human Resources and reported with the recommendation that it be adopted,) which was read by its title, as follows:
By Delegates Perdue, Hatfield, Wooton, Campbell, Phillips, Marshall, Staggers, Manypenny, Susman, Rodighiero, Lawrence, Fleischauer, Eldridge, D. Poling, C. Miller, J. Miller, Rowan and Border:

H. C. R. 53 - "Requesting the Joint Committee on Government and Finance to conduct a study on identifying good perinatal health education models or developing models in West Virginia."
W
HEREAS , West Virginia women under the age of twenty have higher rates of premature births, low birth-rates and infant mortality than that of older women. The rate of births to this group in the State has been increasing - higher than the national average; and
W
HEREAS , In West Virginia from 2002-2004, infant mortality rates were highest for women under twenty years of age(13.6 infant deaths per 1,000 live births), compared to all West Virginia live births (8.0 infant deaths per 1,000 live births); and
W
HEREAS , The majority of poor birth outcomes in women under twenty years of age are directly related to a lack of knowledge and misinformation about how to have a healthy pregnancy and a healthy baby; and
W
HEREAS , Access to adequate perinatal health, life skills and wellness education would improve opportunities for students to make informed decisions about planning for a healthy pregnancy and parenting; and
W
HEREAS , This can also be accomplished through professional development for health educators, along with additional space for the purpose of conducting health classes in the school system; and
W
HEREAS , Healthy lifestyles questions should be included in core testing for students; and
W
HEREAS , It is the Legislature's intent to reduce poor birth outcomes for women under twenty years of age by conducting a study comparing perinatal outcomes and perinatal and parenting educational opportunities. The study will assist in identifying one or more county school systems that could serve as models of perinatal education for the State, and will allow for the development of recommendations to address the State's poor birth outcomes for this age group; and
W
HEREAS , The U.S. Centers for Disease Control and Prevention have studied health education curricula and their effectiveness, and
W
HEREAS , This data shows that various school systems in West Virginia have implemented some type of educational program for the purpose of preparing young people for their future role as a parent; and
W
HEREAS , A core curriculum should be developed through an analysis comparing the curriculum to certain perinatal health outcomes such as infant mortality, low birth weight, infant morbidity and other indicators; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and identify model curriculums and any county school systems with good perinatal health education for the purpose of planning to make improvements in perinatal and birth outcomes for both parents twenty years of age and under and their newborn infants; and, be it
Further Resolved,
That the Joint Committee on Government and Finance direct that the Legislative Oversight Commission on Education Accountability and the Legislative Oversight Commission on Health and Human Resources Accountability work with the Department of Education and other interested parties to accomplish these goals and report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 379, Clarifying pharmacists and pharmacies as health care providers,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 379) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 307, Creating Maternal Screening Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 307) to the Committee on Finance was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 321, Modifying certificate of need process,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 321) to the Committee on Government Organization was abrogated.
At the request of Delegate Boggs and by unanimous consent, consideration of Senate Messages was postponed until the completion of the Special Calendar.
Petitions

Delegates Williams and Shaver presented a petition on behalf of residents of their district, expressing support of H. B. 2140, Excluding disability income received from a veteran for service related injuries from any calculation used to determine spousal support; which was referred to the Committee on Veterans' Affairs and Homeland Security.
Motions

Delegate Blair arose, and being recognized, moved to discharge H. B. 3007, Implementing random drug testing for recipients of federal-state assistance, state assistance and unemployment compensation, from the Committee on the Judiciary.
On this motion, Delegate Blair demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 159), and there were--yeas 30, nays 70, absent and not voting none, with the yeas being as follows:
Yeas: 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.
So, a majority of the members present and voting not having voted in the affirmative, the motion to discharge did not prevail.
Special Calendar

Third Reading

Com. Sub. for H. B. 2133, Increasing the penalties for discarding trash on land and in streams; 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. 160), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2133) 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. 2415, Identifying salvia divinorum as a hallucinogen and adding it to the list of controlled substances; 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. 161), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
Nays: Louisos and Staggers.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2415) 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. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine; 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. 162), and there were--yeas 99, nays 1, absent and not voting none, with the nays being as follows:
Nays: Cowles.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2485) 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. 2536, Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with; 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. 163), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2536) 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. 2538, Relating to supplemental funding for the provision of alternative programs for limited English proficient students; 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. 164), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2538) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 165), and there were--yeas 100, nays none, absent and not voting none.
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. 2538) 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.
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 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. 166), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2561) 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. 2626, Requiring licensure of pharmacy benefit managers; 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. 167), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2626) 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. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others; 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. 168), and there were--yeas 72, nays 28, absent and not voting none, with the nays being as follows:
Nays: Andes, Armstead, Ashley, Azinger, Blair, Border, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller, Overington, Porter, Rowan, Schadler, Schoen, Shook, Shott, Sobonya, Staggers, Sumner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2747) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 169), and there were--yeas 85, nays 15, absent and not voting none, with the nays being as follows:
Nays: Andes, Ashley, Border, Duke, Lane, C. Miller, Overington, Porter, Rowan, Schoen, Shott, Sobonya, Sumner, Susman and Walters.
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. 2747) 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. 2807, West Virginia Geographical Information System; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 170), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2807) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 171), and there were--yeas 100, nays none, absent and not voting none.
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. 2807) 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. 2863, Relating to construction of state utility projects; 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. 172), and there were--yeas 83, nays 17, absent and not voting none, with the nays being as follows:
Nays: Anderson, Andes, Ashley, Blair, Border, Duke, Ellem, Hamilton, Ireland, Lane, McGeehan, C. Miller, Porter, Romine, Schoen, Sobonya and Sumner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2863) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 173), and there were--yeas 92, nays 8, absent and not voting none, with the nays being as follows:
Nays: Border, Duke, Hamilton, McGeehan, Porter, Schoen, Sobonya and Sumner.
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. 2863) 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. 2870, Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 174), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2870) passed.
H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers; on third reading, coming up in regular order, was read a third time.
Delegate C. Miller requested to be excused from voting on the passage of Com. Sub. for H. B. 2064 under the provisions of House Rule 49.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 175), and there were--yeas 98, nays 2, absent and not voting none, with the nays being as follows:
Nays: Ennis and Givens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2964) 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. 2870, Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System, still being in procession of the Clerk, was taken up for further consideration.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 176), and there were--yeas 100, nays none, absent and not voting none.
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. 2870) 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. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code; 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. 177), and there were--yeas 73, nays 26, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Moye, Overington, Porter, Romine, Schoen, Shott, Sobonya, Sumner, Tabb and Walters.
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2976) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 178), and there were--yeas 83, nays 16, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Duke, Louisos, McGeehan, C. Miller, Overington, Porter, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Hamilton.
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. 2976) 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. 3043, Prohibiting extended coverage upon retirement based on years of service for new higher education employees; 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. 179), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3043) 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. 3063, Relating to hunting, tagging and reporting bear; 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. 180), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3063) 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. 3105, Establishing drug free zones at regularly designated school bus stops; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.
On motion of Delegates Frazier and Ellem, the bill was amended on page two, line twenty-two, by striking out the words "is guilty of a misdemeanor and, upon conviction."
The Clerk then reported an amendment by Delegates Fleischauer, Shook, Lane and Sobonya which sought to amend the bill on page two, line twenty-seven, by inserting the following new subsection, designated subsection (b), to read as follows:
"(b) When the identified driver of a vehicle violates the provisions of subsection (a) of this section and the violation causes bodily injury to any person other than the driver, he or she is guilty of a felony, and upon conviction, shall be confined not less than one year and no more than three years and shall be fined not less than five hundred dollars and not more than two thousand dollars. When the identified driver of a vehicle violates the provisions of subsection (a) of this section, and the violation causes death, he or she is guilty of a felony, and upon conviction, shall be confined not less than one year and no more than ten years and shall be fined not less than one thousand dollars and not more than three thousand dollars."
Unanimous consent having been obtained, the foregoing amendment was withdrawn.
On motion of Delegates Fleischauer, Shook, Lane and Sobonya, the bill was amended on page on page two, line twenty-seven, by inserting the following new subsection, designated subsection (b), to read as follows:
"(b) When the identified driver of a vehicle willfully, wantonly, or with reckless disregard violates the provisions of subsection (a) of this section and the violation causes serious bodily injury to any person other than the driver, he or she is guilty of a felony, and upon conviction, shall be confined not less than one year and no more than three years and shall be fined not less than five hundred dollars and not more than two thousand dollars. When the identified driver of a vehicle willfully, wantonly or with reckless disregard violates the provisions of subsection (a) of this section, and the violation causes death, he or she is guilty of a felony, and upon conviction, shall be confined not less than one year and no more than ten years and shall be fined not less than one thousand dollars and not more than three thousand dollars."
And by renumbering the remaining subsections.
There being no further amendments, and 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. 181), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3105) 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. 3132, Relating to pedestrians' right-of-way in crosswalks; 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. 182), 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: Cann and Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3132) 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. 3146, Relating to seniority rights for school service personnel; 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. 183), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Hamilton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3146) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Miscellaneous Business

Delegate Overington asked and obtained unanimous consent that the remarks of Delegate Blair regarding H. B. 3007, Implementing random drug testing for recipients of federal-state assistance, state assistance and unemployment compensation be printed in the Appendix to the Journal.
Delegate Ireland asked and obtained unanimous consent that the questions and answers between himself and Delegate Perdue regarding Com. Sub. for H. B. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others, be printed in the Appendix to the Journal.
Delegate Kominar announced that he was absent on today when the votes were taken on Roll Nos. 145 through 157, and that had he been present, he would have voted "Yea" thereon.
At 12:41 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 2:30 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

Third Reading

-Continued-

H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit 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. 184), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Caputo, Martin, McGeehan, Schoen, Spencer and Susman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3155) 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. 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 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. 185), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Brown, Caputo, McGeehan, Schoen, Spencer and Susman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3169) 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. 3170, Clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons; 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. 186), 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: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3170) 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. 3194, Making it a misdemeanor to knowingly file false information with the Secretary of 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. 187), 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: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3194) 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. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for littering; 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. 188), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Duke, Ellem, Lane, J. Miller and Walters.
Absent And Not Voting: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3197) 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. 3224, Relating to compensation for condemnation commissioners; 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. 189), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Brown, Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3224) 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. 3288, Relating to mental health parity; 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. 190), 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: Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3288) 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. 3295, Relating to the West Virginia State Treasurer's Office; on third reading, coming up in regular order, was read a third time.
Delegates Ashley Hartman, Stowers, Spencer, Fragale, Staggers and Hunt requested to be excused from voting on the passage of H. B. 3295 under the provisions of House Rule 49.
To the requests of the aforementioned members, the Speaker replied. He also stated that he includes himself in the request concerning the applicability of House Rule 49 as to voting on the bill inasmuch as two of his children are the beneficiaries of the Prepaid College Tuition Fund.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein and further stated that he himself would vote on the passage of the bill.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 191), 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: Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3295) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 192), 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: Caputo, McGeehan and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 3295) 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. 3336, Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision; 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. 193), 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: Caputo, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3336) passed.
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. 2114, Providing a penalty for employers failing to withhold an employee's income for child support obligations; 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. 2170, Authorizing the Department of Commerce to promulgate legislative rules; 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. 2359, Defining "spelunking" as a recreational purpose and activity for which a landowner's liability for injury is limited; 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. 2388, Expanding the membership of the Racing Commission and reorganizing the administrative functions; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Morgan and Stephens, the bill was amended on page twelve, line sixty-seven, by striking out subsection (j) in its entirety and inserting in lieu thereof the following:
"(j) Each member is entitled to compensation not to exceed the amount paid to members of the Legislature for their interim duties and reimbursement for actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration."
The bill was then ordered to engrossment and third reading.

Com. Sub. for H. B. 2457, Requiring group insurance companies and third party administrators to furnish claims experience to policyholders; 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. 2686, Requiring twenty consecutive minutes for meal breaks and fifteen minute rest periods for employees during each four hours of work; 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. 2695, Providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting; 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. 2723, Authorizing liens by municipalities and requiring administrative procedures for the assessment and collection of delinquent municipal fees; 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. 2781, Providing a tax credit to sawmills that become certified in the Leadership in Energy and Environmental Design Green Building Rating 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. 2788, Protecting incapacitated adults from abuse or neglect by a caregiver; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary , was reported by the Clerk and adopted, amending the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29. Abuse or neglect of incapacitated adult.

(a) The following words when As used in this section have the meaning ascribed, unless the context clearly indicates otherwise: and section twenty-nine-a of this article, unless used in a context that clearly requires a different meaning, the term:
(1) 'Abuse' means the infliction or threat to inflict physical pain or injury on an incapacitated adult or elder person.
(1) 'Abuse' means: (i) attempting to cause bodily injury, intentionally causing bodily injury, or intentionally placing another in fear of imminent bodily harm; or (ii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause bodily injury to an incapacitated adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the incapacitated adult;
(2) 'Bodily injury' means substantial physical pain, illness or any impairment of physical condition;
(2)(3) 'Caregiver' means an adult who has or shares actual physical possession or care of an incapacitated adult or elder person incapacitated adult on a full-time or temporary basis, regardless of whether such person has been designated as a guardian or custodian of such adult the incapacitated adult by any contract, agreement or legal proceeding. Caregiver includes health care providers, family members, and any person who otherwise voluntarily accepts a supervisory role towards an incapacitated adult; or elder person;
(3) 'Neglect' means: (i) The failure to provide the necessities of life to an incapacitated adult or elder person or (ii) the unlawful expenditure or willful dissipation of the funds or other assets owned or paid to or for the benefit of an incapacitated adult or elder person.
(4) 'Incapacitated adult' means any person who by reason of advanced age, physical, mental or other infirmity is unable to physically carry on the daily activities of life necessary to sustaining life and reasonable health;
(5) 'Elder' means a person age sixty-five years or older;
(6) 'Bodily injury' means substantial physical pain, illness or any impairment of physical condition; and
(7) 'Custodian' means a person over the age of eighteen years who has or shares actual physical possession of care and custody of an elder person on a full-time or temporary basis, regardless of whether the person has been granted custody of the elder person by any contract, agreement or legal proceeding.
(5) 'Neglect' means the unreasonable failure by a caregiver to provide the care necessary to assure the physical safety or health of a incapacitated adult; and
(6) 'Serious bodily injury' means bodily injury which creates a substantial risk of death, causes serious or prolonged disfigurement, prolonged impairment of physical health or prolonged loss or impairment of the function of any bodily organ.
(b) Any person, caregiver, guardian or custodian who neglects an incapacitated adult or elder person, or who knowingly permits another person to neglect said adult, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than fifteen hundred dollars, or imprisoned in the county or regional jail for not less than ninety days nor more than one year, or both fined and imprisoned.
(b) Any caregiver who abuses or neglects an incapacitated adult and causes bodily injury, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or shall be fined not less than $100 nor more than $1,000, or both fined and confined.
(c) Any person, caregiver, guardian or custodian who intentionally and maliciously abuses or neglects an incapacitated adult or elder person incapacitated adult and causes bodily injury, is guilty of a felony and, upon conviction thereof, shall in the discretion of the court, be confined in a state correctional facility for not less than two nor more than ten years be imprisoned in a state correctional facility not less than one nor more than three years, and be fined not more than $1,000.
(d) Any caregiver who intentionally and maliciously abuses or neglects an incapacitated adult causing serious bodily injury is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than fifteen years, and be fined not more than $5,000.
nor more than fifteen years, and be fined not more than $5,000.
(d) If any person, caregiver, guardian or custodian of an elder person or incapacitated adult, willfully misappropriates or misuses the funds or assets of an incapacitated adult or elder person for the person's, caregiver's, guardian's, or custodian's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, he or she is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and incarcerated in a correctional facility not less than two nor more than ten years.
(e) If any person, caregiver, guardian or custodian of an elder person or incapacitated adult, by means of deception, intimidation, coercion, infliction of bodily injury or threats of the infliction of bodily injury, willfully misappropriates or misuses the funds or assets of an incapacitated adult or elder person for the person's, caregiver's, guardian's, or custodian's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, he or she is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 and incarcerated in a correctional facility not less than five nor more than fifteen years.
(f) (e) Nothing in this article shall be construed to mean an incapacitated adult is abused or neglected for the sole reason that his or her independent decision is to rely upon treatment by spiritual means in accordance with the tenets and practices of a recognized church or religious denomination or organization in lieu of medical treatment.
(f) Nothing in this article shall be construed to mean an incapacitated adult is abused or neglected if deprivation of life-sustaining treatment or other act has been provided for by the West Virginia Health Care Decisions Act, pursuant to article thirty, chapter sixteen of this code.
§61-2-29a. Unlawful expenditure or dissipation of funds of an incapacitated adult by as caregiver.

(a) A caregiver of an incapacitated adult who intentionally misappropriates or misuses the funds or assets of an incapacitated adult in the amount of less than $1,000 in value for the caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail no more than one year, or both fined and confined.
(b) A caregiver of an incapacitated adult who intentionally misappropriates or misuses the funds or assets of an incapacitated adult in the amount of $1,000 or more in value for the caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, is guilty of a felony and, upon conviction thereof shall be imprisoned in a correctional facility not less than one nor more than ten years and, shall be fined not more than $5,000.
(c) A caregiver of an incapacitated adult, who by means of intentional intimidation, coercion, infliction of bodily injury or threats of the infliction of bodily injury to an incapacitated adult, willfully misappropriates or misuses for the caregiver's personal use, advantage or wrongful profit or to the advantage or wrongful profit of another is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than five nor more than fifteen years, and fined not more than $5,000."
The Clerk next reported an amendment offered by Delegate Overington heretofore filed with the Clerk.
Unanimous consent having been obtained, the foregoing amendment was then withdrawn.
There being no further amendments, the bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2819, Authorizing miscellaneous agencies and boards to promulgate legislative rules; 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. 2832
, Relating to critical skills evaluations for students in grades three and eight; 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. 2860, Regulating the sequestration and storage of carbon dioxide; 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. 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; on second reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, moved to the foot of the calendar.
Com. Sub. for H. B. 2894, Establishing tax credits for personal and commercial users of the West Virginia Turnpike; on second reading, coming up in regular order, was read a second time, advanced to third reading with a amendment pending and the rule was suspended to permit the consideration of such amendment on that reading.
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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2981, Relating to primary elections and nominating procedures of third-party candidates; 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. 2986, Imposing a tax of $50 on the transfer of real estate valued at $25,000 or more within the incorporated limits of any municipality; 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. 3000, Relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines; on second reading, coming up in regular order, was read a second time, advanced to third reading with an amendment pending and the rule was suspended to permit the consideration of such amendment on that reading.
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; 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. 3022, Creating a medical home health care plan for uninsured adults; 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. 3036, Relating to notice and publication requirements for expungement petitions; 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. 3051, Providing veterans' death certificates to families and funeral directors at no cost; on second reading, coming up in regular order, was read a second time.
On motion of Delegates White, Iaquinta and Walters, the bill was amended on page nine, section ten, line eighty-one, following the words "to a veteran's", by inserting the word "immediate".
And,
On page nine, section ten, line eighty-two, following the words "family members and dependents" by inserting the words "if requested within one hundred and twenty days of the veteran's death."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3057, Requiring all law-enforcement agencies to certify qualified law-enforcement officers to carry concealed firearms; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Webster, the bill was amended on page four, line twenty, after the word "to", by striking out "18 U.S.C. §926C" and inserting in lieu thereof "18 U.S.C §926B".
On page four, line twenty-eight, after the word "and", by striking out "18 U.S.C. §926C" and inserting in lieu thereof "18 U.S.C. §926B".
On page four, line thirty-two, after the word "under", by striking out "18 U.S.C. §926C" and inserting in lieu thereof "18 U.S.C. §926B".
On page five, line thirty-four, by striking out "§926C" and inserting in lieu thereof "§926B".
And,
On page twelve, line six, by striking out "§926C" and inserting in lieu thereof "§926B".
The bill was then ordered to engrossment and third reading.
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; 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. 3098, Relating to the payment of travel expenses of workers' compensation claimants; 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. 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; 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. 3130, Increasing the barrel tax on nonintoxicating beer; 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. 3134, Municipal vote by mail pilot program; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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; 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. 3195, Establishing a funding mechanism for state aid for local health departments; 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. 3240, Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses; 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. 3275, Changing the date through which governmental entities are required to purchase workers' compensation; 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. 3276, Amending the professional surveyors 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. 3278, Relating to the life and health insurance guaranty association; 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. 3281, Improving the technology infrastructure of the West Virginia Secretary of State'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. 3305, Relating to the powers and duties of 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. 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; 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. 3314, Relating to concealed handgun licensing; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3337, Relating to the regulation and control of elections; on second reading, coming up in regular order, was read a second time.
Delegate Lane moved to amend the bill on page two, line three, by striking out the entirety of subsection two and renumbering the remaining subsections.
On page four, line ten, by striking out the words "the costs of disseminating printed materials, establishing a telephone bank".
On page five, line eight, by striking out "mass mailing, telephone bank, billboard advertising or published in any newspaper, magazine or other periodical".
On page ten, line three, by striking out the entirety of subsection seventeen and renumbering the remaining subsections.
On page thirteen, at line twenty-three, by striking out the entirety of subsection twenty-nine and renumbering the remaining subsections.
On page fifteen, line fifteen, by striking out "newspapers of general circulation, radio, television or billboard advertising"and inserting in lieu thereof "radio or television advertising".
On the adoption of the amendment, Delegate Lane demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 194), and there were--yeas 31, nays 67, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Crosier, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner, Susman and Walters.
Absent And Not Voting: Caputo and McGeehan.
So, a majority of the members present and voting not having voted in the affirmative, the amendment did not prevail.
There being no further amendments, the bill was ordered to engrossment and third reading.
Com. Sub. for H. B. 3339, Facilitating the complete closure of the Gwinn, otherwise known as the EPA Services Landfill, located in Summers County; 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. 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; on second reading, coming up in regular order, was read a second time.
On motion of Delegate White, the bill was amended on page two, by striking out the section heading in its entirety and inserting in lieu thereof the following:
"§11-21-12i. Credit for qualifying contribution to a qualified trust maintained for the benefit of a child with autism; tax treatment of income accrued and subsequent withdrawals made from a qualified trust made for the benefit of a child with autism."

On page three, section twelve-i, line four, after the word "of" by striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
On page three, section twelve-i, line five, following the word "of" by striking out "an autistic", and by inserting in lieu thereof "the".
On page four, in the article heading sixteen, following the word "for" by striking out "autistic children", and by inserting in lieu thereof "children with autism".
On page five, section one, line two, by striking out "Autistic Children's" and by inserting in lieu thereof "Children with Autism".
On page five, section two, line three, following the word "of" by striking out "autistic children", and by inserting in lieu thereof "a child with autism".
On page five, section two, line four, following the word "help" by striking out "autistic" and inserting in lieu thereof "the".
On page five, section two, line eight, following the word "of" by striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
One page five, section two, line nine, following the word "the" by striking out the word "autistic".
On page six, section two, line sixteen, following the words "would allow" by striking out "autistic children", and by inserting in lieu thereof "children with autism".
On page six, section two, line twenty-two, following the words "needs of" by striking out "autistic children", and by inserting in lieu thereof "children with autism".
On page seven, section two, line forty, following the words "set aside for" by striking out "an autistic child's future benefit", and by inserting in lieu thereof "the future benefit of a child with autism".
On page seven, section two, line forty-three, following the words "needs of both" by striking out "minor and adult autistic children", and by inserting in lieu thereof "minors and adults with autism".
On page seven, section three, line four, following the words "Account" by inserting "or "Trust Account".
On page seven, section three, line four, following the words "means" by striking out "an Autistic Child Trust Account", and by inserting in lieu thereof "a 'Trust Account for a Child with Autism'".
On page seven, section three, line six, following the words "or guardian of" by striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
On page seven, section three, line seven, following the words "establishes an" by striking out "Autistic Child Trust Account", and by inserting in lieu thereof "Trust Account for a Child with Autism".
On page eight, section three, line seventeen, following "(d)" by striking out"Autistic Child", and by inserting in lieu thereof "Child with Autism".
On page nine, section three, line thirty-six, following the words "any contribution to" by striking out "an Autistic Child Trust Account", and by inserting in lieu thereof "a Trust Account".
On page nine, section three, line thirty-seven, following the words "or guardian of" by striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
On page nine, section three, following line thirty-eight, by striking out the word "autistic". On page nine, section three, line forty, following the words "disbursement from" by striking out "an Autistic Child Trust Account", and by inserting in lieu thereof "a Trust Account".
On page ten, section three, line forty-nine, following the words "conditions of the" by striking out "Autistic Child".
On page ten, section three, line fifty-three, following the words "managing trustee of" by striking out "Autistic Child", and by inserting in lieu thereof "the".
On page ten, following line fifty-four, by striking out the section heading in its entirety and inserting in lieu thereof the following:
"§44-16-4. Creation of the Trust Account for a Child with Autism."
On page ten, section four, line one, following the words "or guardian of" by striking out "an Autistic child", and by inserting in lieu thereof "a child with autism".
On page ten, section four, line two, following the word "establish" by striking out "an Autistic Child Trust Account", and by inserting in lieu thereof "a Trust Account for a Child with Autism".
On page ten, section four, line three, following the words "future benefit of" by striking out "an autistic", and by inserting in lieu thereof "the".
On page ten, section four, line five, following the words "or upon the" by striking out "autistic".
On page eleven, section four, line fifteen, following in the words "made into the" by striking out "Autistic Child".
On page eleven, section four, line twenty, following the words "individual who is" by striking out "an autistic child", and by inserting in lieu thereof "a child with autism".
On page thirteen, following line sixty-five, by striking out the section heading in its entirety and inserting in lieu thereof the following:
"§44-16-5. Establishment and Management of the Trust Account through the Treasurer; creation an composition of the trustee advisory board; duties and responsibilities; reimbursement of expenses."

On page fourteen, section five, line one, following "(a) The" by striking out "The West Virginia Autistic Children's Trust Fund", and by inserting in lieu thereof "The West Virginia Children with Autism Trust Fund".
On page fourteen, section five, line three, following the words "Treasure for administration." by adding a new sentence to read "As used in this section, the phrase "Trust Fund" shall mean the West Virginia Children with Autism Trust Fund.".
On page sixteen, section five, line thirty-nine, following "(g) The" by striking out "West Virginia Autistic Children's".
On page sixteen, section five, line forty-one, following the words "beneficiaries of" by striking out "Autistic Children's Trusts", and by inserting in lieu thereof "the Trust Accounts".
On page sixteen, section five, line forty-three, following the words "moneys in the" by striking out "Autistic Children's".
On page sixteen, section five, line forty-four, following the words "remain in the" by striking out "Autistic Children's".
On page sixteen, section five, following line forty-eight, by striking out "Autistic Children's",
On page sixteen, section five, lines fifty-three and fifty-four, following the words "payable from the" by striking out "West Virginia Autistic Children's".
On page sixteen, section five, following line fifty-four, by striking out "West Virginia Autistic Children's".
On page seventeen, section five, line fifty-six, following "(i) The" by striking out "West Virginia Autistic Children's".
On page seventeen, section five, line sixty-one, following the words "assets of the" by striking out "West Virginia Autistic Children's".
On page seventeen, section five, line seventy-one, following the words "corpus of the" by striking out "West Virginia Children's Autistic".
On page eighteen, section five, line seventy-five, following the words "in a qualified" by striking out "autistic children's".
On page eighteen, following line eighty-three, by striking out the section heading in its entirety and inserting in lieu thereof the following:
"§44-16-6. Trust fund program administrative account."
On page eighteen, section six, line two, following the words "titled the" by striking out "autistic children's", and by inserting in lieu thereof "West Virginia Children with Autism".
The bill was then ordered to engrossment and third reading.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, a bill of the House of Delegates as follows:
H. B. 2795, Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section forty-six-f, line two, after the word "Virginia" by inserting the words "and nonresidents, as permitted in subsection (e) of this section".
And,
On page three, section forty-six-f, by striking out all of subsection (e) and inserting in lieu thereof the following:
(e) The director shall provide licenses to nonresidents at no charge who:
(1) Meet the requirements of subsections (b) and (c) of this section; and
(2) Are recommended by qualifying nonprofit organizations who offer hunting and fishing experiences.
(f) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the qualifications of applicants and nonprofit organizations and the licensing process."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 195), 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: Caputo and McGeehan.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2795) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
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. 15 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners, any officer or agent of a nonprofit state park of forest foundation and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities"; which was referred to the Committee on Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 56 - "A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to the salary bonus for National Board for Professional Teaching Standards certification; providing an exception if the certification is renewed to the ten- year limit for receiving the bonus; and providing that a classroom teacher holding the certification who subsequently becomes employed as a school principal, assistant school principal or in another position in an instructional leadership capacity receives the salary bonus"; which was referred to the Committee on Education then Finance.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 333 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to basing school nurse ratio on total net enrollment instead of only kindergarten through seventh grade net enrollment"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. For S. B. 461 - "A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to extending the time for compliance with selenium effluent limits"; which was referred to the Committee on Natural Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 470 - "A Bill to amend and reenact §20-15-1, §20-15-2, §20-15-3, §20- 15-4, §20-15-5 and §20-15-6 of the Code of West Virginia, 1931, as amended, all relating to regulating all-terrain vehicles and utility-terrain vehicles on the Hatfield-McCoy Trail; standardizing the definition of 'all-terrain vehicle'; defining and regulating 'utility-terrain vehicle'; defining and regulating 'motorcycle'; and making stylistic and technical corrections"; 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. 483
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49-11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; penalty for false statement; and rule-making authority"; which was referred to the Committee on the Judiciary then Finance.
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
S. B. 490 - "A Bill to authorize and empower the county commission of Mercer County to appoint an emergency operations center board to oversee the operation of the enhanced emergency telephone systeserving Mercer County"; 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
S. B. 495
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-14-6, relating to the Insurance Commissioner's authority to permit groups, other than those specifically provided in this article, to get life insurance policies"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 515
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §44C-1-1, §44C-1-2, §44C-1-3, §44C-1-4, §44C-1-5, §44C-1-6, §44C-2-1, §44C-2-2, §44C-2-3, §44C-2-4, §44C-2-5, §44C-2-6, §44C-2-7, §44C-2-8, §44C-3-1, §44C-3-2, §44C-4-1, §44C-4-2, §44C-4-3, §44C-5-1, §44C-5-2 and §44C-5-3, all relating to enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; defining terms; authorizing a court in this state to treat a foreign country as if it were a state; allowing communication and cooperation between courts for pending guardianship protective proceedings; providing for taking testimony of a witness in another state; establishing jurisdictional basis for guardianship and protective proceedings; providing guidance for determination of jurisdiction between states; providing for special jurisdiction in certain situations; providing for exclusive and continuing jurisdiction for a court that appointed a guardian or issued a protective order; providing criteria for determining the appropriate forum for guardianship and protective proceedings; authorizing a court to decline jurisdiction because of unjustifiable conduct; providing for additional notice of proceedings between states; determining jurisdiction when there are proceedings in more than one state; providing for transfer of guardianship or conservatorship to another state; providing criteria for accepting transfer of guardianship or conservatorship from another state; providing for registration of guardianship and protective orders; providing that registration of a guardianship or protective order from another state allows the guardian or conservator to exercise his or her powers as allowed by law in this state; requiring consideration of the need to promote uniformity of the law when applying and construing this act; modifying, limiting and superceding certain provisions of the federal Electronic Signatures in Global and National Commerce Act; providing that this act applies to certain guardianship and protective proceedings begun on or after passage of the act; and providing that this act applies to certain guardianship and protective proceedings regardless of when they were begun"; which was referred to the Committee on the Judiciary.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 519 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-29, relating to authorizing the Governor to institute an employee furlough program"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 533 - "A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all relating to the definitions of 'health care provider' and 'drug'; and exempting from the consumers sales and service tax drugs purchased by veterinarians to be dispensed upon prescription for the medical treatment of animals"; 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
Com. Sub. for S. B. 554 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-2c, relating to requiring sex offenders to pay a fee which is to be deposited into the State Police Retirement Fund; and providing penalties"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 573 - "A Bill to amend and reenact §5A-3C-8 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Pharmaceutical Cost Management Council as an advisory council to the Pharmaceutical Advocate."; which was referred to the Committee on Health and Human Resources then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 575 - "A Bill to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29- 25-5, §29-25-6, §29-25-8, §29-25-9, §29-25-11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29- 25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25-25 and §29-25- 26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25- 32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37 and §29-25-38 of said code, all relating to gaming at a historic resort hotel and pari-mutuel racetracks generally; updating and conforming provisions for consistency purposes between hotel and racetracks; legislative findings and intent; authorizing certain games of chance; modifying licensure requirements and fees therefor; renaming State Gaming Fund the Historic Resort Hotel Fund; distributing revenue; creating formula for renewal fee assessments; expanding licensees' authority to set wagers with commission approval; redefining gross terminal income to allow and account for promotional play at hotel and racetracks; defining terms; authorizing hotel to contract for management services with commission approval; establishing Human Resource Benefit Advisory Board and setting criteria for membership thereon and powers; authorizing certain complimentary services; restricting who may enter the designated gaming area of the hotel to overnight guests, certain participants at hotel-based events and residents; clarifying forfeiture of property provisions; authorizing commission to operate slot machines and video lottery games; establishing requirements for video lottery terminals; establishing specific duties required of the gaming facility; creating Capital Reinvestment Fund; imposing surcharge against share of gross terminal income to be paid into the Capital Reinvestment Fund; declaring all authorized games of chance to be owned by the state, preempting inconsistent county and municipal ordinances or rules; declaring exemption from federal law to facilitate authorization of legal gaming; establishing rules of play and dispute resolution; authorizing shipment of gambling devices into state; modifying distribution of revenue; license suspension and revocation; civil penalties; authorizing emergency rulemaking; and establishing and modifying criminal offenses and penalties"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 595
- "A Bill to amend and reenact §9-3-4 of the Code of West Virginia, 1931, as amended, relating to the assignment of child support obligations"; 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. 612 - "A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating generally to criminal enforcement for willful failure to pay child support"; 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
S. B. 632
- "A Bill to amend and reenact §9-5-11b of the Code of West Virginia, 1931, as amended, relating to requiring insurers to share information with the Bureau for Medical Services with regard to services provided to an individual during a period of coverage with another insurer"; which was referred to th e Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 636 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; 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. 760 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-28, relating to authorizing the Supreme Court of Appeals to establish up to five pretrial release programs throughout the state utilizing existing probation offices and day-report centers to reduce jail population while ensuring public safety"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 14 - "Authorizing the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities."
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery revenues; andWhereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, a special revenue fund within the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to the Higher Education Improvement Fund for Higher Education; and Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund for Higher Education. The bonds may be issued by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund for Higher Education and as may be authorized by the Higher Education Policy Commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher Education Improvement Fund for Higher Education, created pursuant to said section, the sum of $15 million in each fiscal year to be used to pay debt service on the revenue bonds issued by the Higher Education Policy Commission to finance improvements for state colleges and universities. The revenues pledged for the repayment of principal and interest of these bonds may also include required educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and Whereas, Every issue of the Higher Education Policy Commission's bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the Higher Education Policy Commission; and Whereas, The bonds shall be authorized by resolution of the Higher Education Policy Commission, shall bear the date, shall mature at time or times, not exceeding 40 years from the date of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it Resolved by the Legislature of West Virginia: That the Legislature hereby authorizes the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities; and, be it Further Resolved, That the Higher Education Policy Commission may pledge for the repayment of principal and interest of revenue bonds issued pursuant to sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the Higher Education Improvement Fund for Higher Education authorized by section eighteen-a, article twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the Higher Education Policy Commission. The revenues pledged for the repayment of principal and interest of such bonds may also include educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and, be it Further Resolved, That every issue of its bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees or other sources available to the Higher Education Policy Commission which are pledged therefor, including the Higher Education Improvement Fund for Higher Education; and, be it Further Resolved, That, upon resolution of the Higher Education Policy Commission, the funds deposited into the Higher Education Improvement Fund for higher education shall be deposited into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the Higher Education Policy Commission only to make capital improvements at state colleges and universities; and, be it Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Higher Education Policy Commission.
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. 142 - "A Bill to amend and reenact §5B-2E-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5B-2E-7b and §5B-2E-7c, all relating generally to the West Virginia Tourism Development Act; and adding a small scale tourism development component and an ancillary project component;"which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
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. 172 - "
A Bill to amend and reenact article 2, 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 rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; repealing certain legislative rule; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; authorizing the Division of Personnel to promulgate a legislative rule relating to reimbursement of compensation paid to state employees for training, education and professional development; authorizing the Department of Administration to promulgate a legislative rule relating to the Purchasing Division; authorizing the Department of Administration to promulgate a legislative rule relating to fair market price determination; authorizing the Department of Administration to promulgate a legislative rule relating to statewide contracts; authorizing the Department of Administration to promulgate a legislative rule relating to qualifications for participation; authorizing the Department of Administration to promulgate a legislative rule relating to parking; authorizing the Ethics Commission to promulgate a legislative rule relating to the purchase, sale or lease of personal property; authorizing the Ethics Commission to promulgate a legislative rule relating to interest in public contracts; authorizing the Ethics Commission to repeal a legislative rule relating to voting; authorizing the Ethics Commission to promulgate a legislative rule relating to employment exemptions; authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying; and authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records"; 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. 282 - "A Bill to amend and reenact §60-3A-2, §60-3A-2a, §60-3A-4, §60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60-3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60-3A-10d, all relating to classifying retail licenses for the sale of liquor; setting forth legislative findings; defining certain terms; authorizing the Alcohol Beverage Control Commissioner to issue retail licenses for the sale of liquor; establishing certain standards for the issuance of licenses within market zones; limiting the issuance of retail licenses to operate mixed retail liquor outlets; authorizing the commissioner to adopt certain standards for retail outlets; increasing the maximum percentage of retail licenses a person may own; providing a purchase option for active retail licensees seeking to operate a freestanding liquor retail outlet; providing for financing for the purchase of a retail license for a freestanding liquor retail outlet; and authorizing emergency rules"; which was referred to the Committee Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 326 - "A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; to amend said code by adding thereto a new section, designated §33-24-7j; to amend said code by adding thereto a new section, designated §33-25-8h; and to amend said code by adding thereto a new section, designated §33-25A-8i, all relating to mandating insurance coverage of dental anesthesia in certain circumstances"; which was referred to the Committee on Banking and Insurance then the Judiciary. A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 327 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-7 of said code; to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; and to amend and reenact §17A-10-1 of said code, all relating to registration and operation of mini-trucks by a city, county, state or other governmental entity for the purpose of parking enforcement or other governmental purposes"; 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
Com. Sub. for S. B. 408 - "A Bill to repeal §33-48-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-48-7b; and to amend and reenact §33-48-8 of said code, all relating to the model health plan for uninsurable individuals; removing obsolete sunset provision; authorizing the use of surplus funds in the plan fund to subsidize premiums of certain enrollees; and permitting the board to propose legislative rules to propose additional classes of individuals to which the preexisting condition exclusion may not apply"; 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. 431
- "A Bill to amend and reenact §33-16D-16 of the Code of West Virginia, 1931, as amended, relating to notice to in-state medical providers of the participation provisions of the small group health benefit plan"; which was referred to the Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 439 - "A Bill to amend and reenact §15-2-10 of the Code of West Virginia, 1931, as amended, relating to permitting the Superintendent of the State Police to consult with the Insurance Commissioner instead of the Executive Director of the Workers' Compensation Commission in order to defray medical costs; and changing the maximum medical care costs schedule from that of the Workers' Compensation Commission to the Insurance Commissioner"; which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 442 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11A-3-5a and §11A-3-5b; and to amend and reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to delinquent land sales by the sheriff; authorizing the State Auditor to perform certain duties for delinquent land sales by sheriff instead of the clerk of the county commission; effective date; and allowing counties to retain duties for delinquent land sales by sheriff"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 452
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups by the Public Employees Insurance Agency"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 484 - "A Bill to amend and reenact §11-3-1, §11-3-2a, §11-3-10, §11-3-12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a and §11-3-25 of the Code of West Virginia, 1931, as amended; to amend said Code by adding thereto eleven new sections, designated §11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h, §11-3-15i, §11-3-25a and §11-3-32; and to amend said code by adding thereto a new article, designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5, §11-6J-6 and §11-6J-7, all relating to taxation of real and personal property for ad valorem property tax purposes; making technical corrections in certain code sections to conform to prior acts of the Legislature; accelerating date for issuance of notices of increase in assessed value of real property; updating forfeiture penalties for failure to file required property tax reports and returns; clarifying report and return filing requirements and accelerating due dates of such reports and returns in order to provide property owners with greater due process; requiring assessors to notify owners of commercial business personal property of increases in assessed values for current assessment year by specified date; providing procedures for property owners to protest notices of assessed valuation and obtain appropriate adjustments from county assessors; appeal of protested assessments to county board of equalization and review and circuit court; protest of classification or taxability to Tax Commissioner; specifying effective dates; providing methods for assessment of industrial property and natural resources property; time and basis for assessments; providing definitions; specifying form and manner of making returns; penalties for failure to file; tentative appraisals by Tax Commissioner and notification to taxpayers; providing procedures for informal review of tentative appraisals; making of final appraisals; transmitting to assessors; appeals; and specifying effective dates"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 488
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1 and §16-43-2, all relating to tanning facilities; definitions; and consent required for minor using tanning device or facility"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 492
- "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to the terms of participation in the Public Employees Insurance Agency of dependent children and employees hired on or after July 1, 2009, upon retirement"; 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. 507
- "A Bill to amend and reenact §5C-2-5 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the West Virginia Clean Coal Technology Council; requiring a study of carbon capture and control; and quarterly reports to the Joint Committee on Government and Finance"; which was referred to the Committee on Government Organization then the Judiciary.
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
S. B. 513
- "A Bill to amend and reenact §18A-2-2, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1, §18A-3-2a and §18A-3-2b of said code; and to amend and reenact §18A-4-7a of said code, all relating to the hiring, termination, transfer and reassignment of teachers and school personnel; revising certain dates upon which action must be taken with respect to the hiring or transfer of teachers and school personnel; providing an incentive payment to professional personnel who file notice of retirement on or before December 1; repealing the citizenship requirement for a teaching certificate; creating an exception to the preference for currently employed certified professional educators for coaching positions; reducing the length of the beginning teacher internship program under certain circumstances; authorizing county boards to hire teachers and professional personnel based on certain equally weighted criteria; authorizing reposting if no applicants are satisfactory; facilitating compliance with posting requirements; and authorizing elementary school teachers to be reassigned under certain conditions"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 532 - "A Bill to amend and reenact §31-17-1, §31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7, §31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4, §31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10, §31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15, §31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and to amend and reenact §46A-4-102 of said code, all relating to the Division of Banking's participation in the Nationwide Mortgage Licensing System and Registry; complying with the SAFE Mortgage Licensing Act; amending and creating definitions; exempting federally insured depository institutions from broker licensing; allowing the Division of Banking to participate in the Nationwide Mortgage Licensing System and Registry; permitting the Nationwide Mortgage Licensing System and Registry to process background and credit checks on behalf of the Commissioner of Banking; creating a tiered bond structure for licensed lenders and brokers; reducing the license processing time for lenders and brokers; requiring a new application for certain changes in control of mortgage licensees; clarifying the fee for licensee office relocation; synchronizing the mortgage annual report requirement with the Nationwide Mortgage Licensing System and Registry; outlining the purpose of the West Virginia SAFE Mortgage Licensing Act; defining terms associated with the SAFE Mortgage Licensing Act; requiring licensing and registration of mortgage loan originators; creating an application procedure for mortgage loan originators with minimum standards; requiring prelicensure education of mortgage loan originators; implementing a prelicensure testing requirement for mortgage loan originators; explaining standards for mortgage loan originator license renewal; clarifying annual continuing education requirements for mortgage loan originators; granting the commissioner authority to require mortgage loan originator licensing through the Nationwide Mortgage Licensing System and Registry; requiring the commissioner to create a challenge process for the Nationwide Mortgage Licensing System and Registry; creating enforcement authority for mortgage loan originators; defining violations and penalties of the SAFE Mortgage Licensing Act; requiring a surety bond to cover licensed mortgage loan originators that is tied to the amount of mortgage originations by each lender, broker or regulated consumer lender licensee; creating confidentiality provisions; granting investigation and examination authority to the Commissioner of Banking for violations of the SAFE Mortgage Licensing Act; outlining prohibited acts and practices for mortgage loan originators; requiring the Commissioner of Banking to report to the Nationwide Mortgage Licensing System and Registry; clarifying the use of unique identifiers; creating a severability section; defining effective dates; requiring the licensure of mortgage loan originators employed by licensed regulated consumer lenders; and implementing a bond requirement for regulated consumer lenders that originatmortgage loans"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 561 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-2-8; and to amend and reenact §30-13A-36 of said code, all relating to surveyors; and requiring each county surveyor of lands to be a licensed surveyor after a date certain"; 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. 585 - "A Bill to amend and reenact §22-15-7 of the Code of West Virginia, 1931, as amended, relating to limiting waste disposed of at a landfill free of charge to five hundred pounds"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 610
- "A Bill to amend and reenact §11-13X-3, §11-13X-5, §11-13X-6, §11-13X-8, §11-13X-9 and §11-13X-13 of the Code of West Virginia, 1931, as amended, all relating generally to the West Virginia Film Industry Investment Act; clarifying definitions; stating the amount of credit allowed in specified percentages; clarifying contradictory requirements to claim credit; clarifying language relating to use of credit and transfer process; clarifying language to protect transferees; authorizing issuance of rules by the Secretary of Commerce for administration of the film credit; and making amendments retroactively applicable to taxable years beginning after December 31, 2007"
; 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
Com. Sub. for S. B. 613 - "A Bill to amend and reenact §22-21-6, §22-21-15, §22-21-16 and §22-21-17 of the Code of West Virginia, 1931, as amended, all relating to clarifying notice requirements; requiring the promulgation of rules associated therewith; making technical clarifications; and penalties"; 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. 621 - "A Bill to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to only allowing a private owner, lessee or other person charged with the care, custody and control of real property to prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her domain; clarifying that municipal and county governments are not entities for purposes of this section"; 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. 658 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3A-4a, relating to authorizing the Auditor and Treasurer to contract for emergency banking services in the event of financial crisis affecting the current provider"; which was referred to the Committee on Banking and Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 666
- "A Bill to amend and reenact §8A-5-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-13E-2, §16-13E-4 and §16-13E-7 of said code, as amended; and to amend said code by adding thereto a new section, designated §16-13E-10a, all relating to community enhancement districts; procedures related to creation or expansion thereof; vesting period for an approved land development plan and plat; and clarifying the applicability of certain statutory provisions to such construction under certain circumstances"; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 672 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-9a, relating generally to mental health; creating Mental Health Stabilization Act of 2009; making legislative findings; increasing reimbursement rates in mental health service codes; requiring periodic reports to the Legislature; and providing an implementation date and a termination date"; 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
Com. Sub. for S. B. 674 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to demographic information of state officers and employees; requiring the Director of the Division of Personnel to collect and report the demographic information; and requirements"; which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 693 - "A Bill to amend and reenact §59-1-2 of the Code of West Virginia, 1931, as amended, relating to the collection and expenditure of fees by the West Virginia Secretary of State's office; and improvements to the technology infrastructure within the Secretary of State's office"; 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, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 695
- "A Bill to amend and reenact §5-5-6 of the Code of West Virginia, 1931, as amended, relating to payment for unused sick leave; limiting employees to a lifetime payment of $25,000; providing caps on the amount the daily rate of pay is calculated by; providing that payment may be made upon application and verification that the employee is eligible for payment; and provisions to be applied retroactively"; 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, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 706 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-53, relating to the establishment of a leave donation program for the largest statewide professional law-enforcement association representing members of the West Virginia State Police"; 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. 719 - "A Bill to amend and reenact §8-14-24 of the Code of West Virginia, 1931, as amended, relating to allowing a police officer meeting certain requirements to keep, without charge, his or her service weapon upon retirement"; 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
S. B. 753 - "A Bill to amend and reenact §8A-4-6 of the Code of West Virginia, 1931, as amended, relating to municipalities; effect of adopted subdivision and land development ordinances; and providing that this chapter does not authorize an ordinance, rule or regulation preventing the complete use of natural resources by the owner outside of urban areas"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 761 - "A Bill to amend and reenact §61-3-12 of the Code of West Virginia, 1931, as amended, relating to extending criminal penalties for prohibited entry upon commercial property enclosed by a fence or similar physical barrier or upon certain structures used for utility transmission or distribution"; 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
S. B. 763 - "A Bill to amend and reenact º19-23-3, º19-23-13a and º19-23-13b of the Code of West Virginia, 1931, as amended, all relating to clarifying that registration of certain thoroughbred race horses is under the authorization and oversight of the Racing Commission"; which was referred to the Committee on Government Organization then the Judiciary.
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
S. B. 764 - "A Bill to amend and reenact §3-6-9 the Code of West Virginia, 1931, as amended, relating to election recount procedures; providing that certification of results in multiple county races will not be made final until each county has declared results of election; and requiring Secretary of State notify each county that results have been declared"; which was referred to the Committee on the Judiciary.
Miscellaneous Business

Delegate Brown announced that she was absent on today when the votes were taken on Roll Nos. 184 through 193, and that had she been present, she would have voted "Yea" thereon.
Delegate Martin announced that he was absent on today when the vote was taken on Roll No. 184, and that had he been present, he would have voted "Yea" thereon.
Delegate Spencer announced that she was absent on today when the votes were taken on Roll Nos. 184 and 185, and that had she been present, she would have voted "Yea" thereon.
At 3:17 p.m., the House of Delegates adjourned until 10:00 a.m., Wednesday, April 1, 2009.

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