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House Journal


Day 60 (03-12-2011) - [PDF]
Day 65 (03-17-2011) - [PDF]
Day 64 (03-16-2011) - [PDF]
Day 63 (03-15-2011) - [PDF]
Day 62 (03-14-2011) - [PDF]
Day 61 (03-13-2011) - [PDF]
Day 59 (03-11-2011) - [PDF]
Day 58 (03-10-2011) - [PDF]
Day 57 (03-09-2011) - [PDF]
Day 56 (03-08-2011) - [PDF]
Day 55 (03-07-2011) - [PDF]
Day 52 (03-04-2011) - [PDF]
Day 51 (03-03-2011) - [PDF]
Day 50 (03-02-2011) - [PDF]
Day 49 (03-01-2011) - [PDF]
Day 48 (02-28-2011) - [PDF]
Day 45 (02-25-2011) - [PDF]
Day 44 (02-24-2011) - [PDF]
Day 43 (02-23-2011) - [PDF]
Day 42 (02-22-2011) - [PDF]
Day 41 (02-21-2011) - [PDF]
Day 38 (02-18-2011) - [PDF]
Day 37 (02-17-2011) - [PDF]
Day 35 (02-15-2011) - [PDF]
Day 34 (02-14-2011) - [PDF]
Day 31 (02-11-2011) - [PDF]
Day 30 (02-10-2011) - [PDF]
Day 29 (02-09-2011) - [PDF]
Day 28 (02-08-2011) - [PDF]
Day 27 (02-07-2011) - [PDF]
Day 24 (02-04-2011) - [PDF]
Day 23 (02-03-2011) - [PDF]
Day 22 (02-02-2011) - [PDF]
Day 21 (02-01-2011) - [PDF]
Day 20 (01-31-2011) - [PDF]
Day 17 (01-28-2011) - [PDF]
Day 16 (01-27-2011) - [PDF]
Day 15 (01-26-2011) - [PDF]
Day 14 (01-25-2011) - [PDF]
Day 13 (01-24-2011) - [PDF]
Day 10 (01-21-2011) - [PDF]
Day 09 (01-20-2011) - [PDF]
Day 08 (01-19-2011) - [PDF]
Day 07 (01-18 2011) - [PDF]
Day 06 (01-17 2011) - [PDF]
Day 03 (01-14-2011) - [PDF]
Day 02 (01-13-2011) - [PDF]
Day 01 (01-12-2011) - [PDF]
Day 36 (02-16-2011) - [PDF]
hdj2011-01-25-14


__________*__________



Tuesday, January 25, 2011

FOURTEENTH 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, January 24, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2520, Relating to centers for housing young adult offenders,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2520 - "A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as amended, relating to assignment of youthful male offenders to correctional facilities; specifying circuit court jurisdiction; modifying age criteria for eligibility for commitment to youthful offender center; and providing maximum age for center commitment,"
And reports the same back with the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2520) to the Committee on Finance was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2631, Optometry, continuing education,
H. B. 2632, Optometry, schedule of fees,
H. B. 2633, Optometry, examination and scoring policy,
H. B. 2634, Optometry, licensure by endorsement,
And,
H. B. 2635, Optometry, contact lenses that contain and deliver pharmaceutical agents certificate,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2631, H. B. 2632, H. B. 2633, H. B. 2634 and H. B. 2635) were each referred to the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2164, Relating to public school support computation of local share,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2164) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2648, Increasing the faculty senate allotment for classroom teachers and librarians,
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 (H. B. 2648) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2047, Establishing a lottery scratch-off game for the benefit of West Virginia firefighters,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2047) was referred to the Committee on Finance.
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:
H. B. 2349, Establishing a funding source and programs for persons with traumatic brain injury,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Finance .
In accordance with the former direction of the Speaker, the bill (H. B. 2349) was referred to the Committee on Finance.
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:
H. B. 2584, WV Bureau for Public Health, fire department rapid response services licensure,
H. B. 2615, Health and Human Resources, requirements for licensure of nonprofit corporations for conservator service,
And,
H. B. 2618, WV Bureau for Public Health, maternal risk screening.
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2584, H. B. 2615 and H. B. 2618) were each referred to the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2517, Allowing Correctional Industries to directly purchase workers' compensation coverage for inmates,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2517 - "A Bill to amend and reenact §23-4-1e of the Code of West Virginia, 1931, as amended, and to amend and reenact §25-7-14 and §25-7-16 of said code, all relating to providing workers compensation benefits for persons participating in the prison industry enhancement certification program; creating exception for prohibition of purchase of temporary total disability benefits coverage for persons participating in the program; authorizing purchase of workers compensation insurance by commissioner of the division of corrections for prison and jail inmates participating in the prison certification program; and authorizing purchase of workers compensation insurance by the director of juvenile services for persons under his or her supervision that are participating in the prison certification program for incurred while confined,"
And reports the same back with the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2517) to the Committee on Finance was abrogated.
Messages from the Senate

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. 60 - "A Bill to amend and reenact §62-12-5 and §62-12-26 of the Code of West Virginia, 1931, as amended, all relating to probation and parole; probation officers and assistants; providing that multijudicial circuit probation officers may supervise sex offenders who are on probation with authorization of the Administrative Director of the Supreme Court of Appeals or his or her designee; and clarifying that circuit court probation officers continue to supervise extended release supervisees until a multijudicial circuit probation officer is in"; which was referred to the Committee on the Judiciary.
Still being in possession of the Clerk, at the request of Delegate Boggs, and by unanimous consent, the House proceeded to further consideration of H. B. 2001, Providing that inmates serving life sentences shall be considered for parole only once every three years.
The Clerk then reported the Senate amendment to the bill. (Clerk's Note: For full text of Senate amendment, see House Journal, January 19, 2011, page 262.)
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment with amendment, on page one, by striking out all of the Senate amendment and inserting in lieu thereof the following:
"ARTICLE 12. PROBATION AND PAROLE.
§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.
(a) The board of parole, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations hereinafter provided, shall release any inmate on parole for terms and upon conditions as are provided by this article.
(b) Any inmate of a state correctional center is eligible for parole if he or she:
(1)(A) Has served the minimum term of his or her indeterminate sentence or has served one fourth of his or her definite term sentence, as the case may be; or
(B) He or she:
(i) Has applied for and been accepted by the Commissioner of Corrections into an accelerated parole program;
(ii) Does not have a prior criminal conviction for a felony crime of violence against the person, a felony offense involving the use of a firearm, or a felony offense where the victim was a minor child;
(iii) Has no record of institutional disciplinary rule violations for a period of one hundred twenty days prior to parole consideration unless the requirement is waived by the commissioner;
(iv) Is not serving a sentence for a crime of violence against the person, or more than one felony for a controlled substance offense for which the inmate is serving a consecutive sentence, a felony offense involving the use of a firearm, or a felony offence where the victim was a minor child; and
(v) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and needs assessment;
(I) As used in this paragraph section 'felony crime of violence against the person ' means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code;
and
(II) As used in this paragraph section 'felony offense where the victim was a minor child ' means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.
(C) Notwithstanding any provision of this code to the contrary, any person who committed, or attempted to commit a felony with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of three years of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any person who committed, or attempted to commit, any violation of section twelve, article two, chapter sixty-one of this code, with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is greater. Nothing in this section paragraph applies to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. A person is not ineligible for parole under the provisions of this subdivision paragraph because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm unless that fact is clearly stated and included in the indictment or presentment by which the person was charged and was either: (i) Found by the court at the time of trial upon a plea of guilty or nolo contendere; or (ii) found by the jury, upon submitting to the jury a special interrogatory for such purpose if the matter was tried before a jury; or (iii) found by the court, if the matter was tried by the court without a jury.
For the purpose of this section, the term 'firearm' means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
(D) The amendments to this subsection adopted in the year 1981:
(i) Apply to all applicable offenses occurring on or after August 1 of that year;
(ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective of when the offense occurred;
(iii) Apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state gives notice in writing of its intent to seek such finding by the jury or court, as the case may be, which notice shall state with particularity the grounds upon which the finding will be sought as fully as such grounds are otherwise required to be stated in an indictment, unless the grounds therefor are alleged in the indictment or presentment upon which the matter is being tried; and
(iv) Does not apply with respect to cases not affected by the amendments and in such cases the prior provisions of this section apply and are construed without reference to the amendments.
(1) Insofar as the amendments relate to mandatory sentences restricting the eligibility for parole, all matters requiring a mandatory sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court;
(2) Is not in punitive segregation or administrative segregation as a result of disciplinary action;
(3) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of his or her release on parole;
(4) Has prepared and submitted to the board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment. The Commissioner of Corrections or his or her designee shall review the plan to be reviewed and investigated and provide recommendations to the board as to the suitability of the plan: Provided, That in cases in which there is a mandatory thirty-day notification period required prior to the release of the inmate, pursuant to section twenty-three of this article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the board does not believe parole should be denied, it may defer a final decision pending completion of an investigation and receipt of recommendations. Upon receipt of the plan together with the investigation and recommendation, the board, through a panel, shall make a final decision regarding the granting or denial of parole; and
(5) Has satisfied the board that if released on parole he or she will not constitute a danger to the community.
(c) Except in the case of a person serving a life sentence, no person who has been previously twice convicted of a felony may be released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted. A person sentenced for life may not be paroled until he or she has served ten years, and a person sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served fifteen years: Provided, That a person convicted of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.
(d) In the case of a person sentenced to any state correctional center, it is the duty of the board, as soon as a person becomes eligible, to consider the advisability of his or her release on parole.
(e) If, upon consideration, parole is denied, the board shall promptly notify the inmate of the denial. The board shall, at the time of denial, notify the person inmate of the month and year he or she may apply for reconsideration and review. The board shall at least once a year reconsider and review the case of every inmate who was denied parole and is still eligible: Provided, That the board may reconsider and review parole eligibility anytime within three years following the denial of parole of an inmate serving a life sentence with the possibility of parole.
(f) Any person serving a sentence on a felony conviction who becomes eligible for parole consideration prior to being transferred to a state correctional center may make written application for parole. The terms and conditions for parole consideration established by this article apply to such inmates.
(g) The board shall, with the approval of the Governor, adopt rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted hereunder are intended or may be construed to contravene, limit or otherwise interfere with or affect the authority of the Governor to grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive clemency.
(h) The Division of Corrections shall promulgate policies and procedures for developing a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment. The policies and procedures shall include, but not be limited to, policy and procedures for screening and selecting inmates for rehabilitation treatment and development and use of standardized risk and needs assessment tools. An inmate shall not be paroled solely due to having successfully completed a rehabilitation treatment plan but completion of all the requirements of a rehabilitation parole plan along with compliance with the requirements of subsection (b) of this section shall create a rebuttable presumption that parole is appropriate. The presumption created by this subsection may be rebutted by a Parole Board finding that at the time parole release is sought the inmate still constitutes a reasonable risk to the safety or property of other persons if released. Nothing in subsection (b) of this section or in this subsection may be construed to create a right to parole.
(i) Notwithstanding the provisions of subsection (b) of this section, the Parole Board may, in its discretion, grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection shall preclude consideration for a period of one year or until the provisions of subsection (b) of this section are applicable.
(j) Where an inmate is otherwise eligible for parole pursuant to subsection (b) of this section but the Parole Board determines that the inmate should participate in an additional program or complete an assigned task or tasks prior to actual release on parole, the board may grant parole contingently, effective upon successful completion of the program or assigned task or tasks, without the need for a further hearing. The Commissioner of Corrections shall provide notice to the Parole Board of the imminent release of a contingently paroled inmate to effectuate appropriate supervision.
(k) The Division of Corrections is charged with the duty of supervising all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the uniform act for out-of-state parolee supervision.
(l)(1) When considering an inmate of a state correctional center for release on parole, the Parole Board panel considering the parole is to have before it an authentic copy of or report on the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice or other reliable criminal information sources and written reports of the warden or superintendent of the state correctional center to which the inmate is sentenced:
(A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered therefor;
(B) On improvement or other changes noted in the inmate's mental and moral condition while in custody, including a statement expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the prosecuting attorney who prosecuted him or her, toward the policeman or other officer who arrested the inmate and toward the crime for which he or she is under sentence and his or her previous criminal record;
(C) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves prison;
(D) On physical, mental and psychiatric examinations of the inmate conducted, insofar as practicable, within the two months next preceding parole consideration by the board.
(2) The board panel considering the parole may waive the requirement of any report when not available or not applicable as to any inmate considered for parole but, in every such case, shall enter in the record thereof its reason for the waiver: Provided, That in the case of an inmate who is incarcerated because the inmate has been found guilty of, or has pleaded guilty to a felony under the provisions of section twelve, article eight, chapter sixty-one of this code or under the provisions of article eight-b or eight-c of said chapter, the board panel may not waive the report required by this subsection and the report is to include a study and diagnosis including an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program: Provided, however, That nothing disclosed by the person during the study or diagnosis may be made available to any law-enforcement agency, or other party without that person's consent, or admissible in any court of this state, unless the information disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress reports of outpatient treatment are to be made at least every six months to the parole officer supervising the person. In addition, in such cases, the Parole Board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the prosecuting attorney inform the Parole Board of the circumstances surrounding a conviction or plea of guilty, plea bargaining and other background information that might be useful in its deliberations.
(m) Before releasing any inmate on parole, the board of parole shall arrange for the inmate to appear in person before a Parole Board panel and the panel may examine and interrogate him or her on any matters pertaining to his or her parole, including reports before the board made pursuant to the provisions hereof: Provided, That an inmate may appear by video teleconference if the members of the panel conducting the examination are able to contemporaneously see the inmate and hear all of his or her remarks and if the inmate is able to contemporaneously see each of the members of the panel conducting the examination and hear all of the members' remarks. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on parole and the majority of the panel considering the release shall concur in the decision. The warden or superintendent shall furnish all necessary assistance and cooperate to the fullest extent with the Parole Board. All information, records and reports received by the board are to be kept on permanent file.
(n) The board and its designated agents are at all times to have access to inmates imprisoned in any state correctional center or in any jail in this state and may obtain any information or aid necessary to the performance of its duties from other departments and agencies of the state or from any political subdivision thereof.
(o) The board shall, if so requested by the Governor, investigate and consider all applications for pardon, reprieve or commutation and shall make recommendation thereon to the Governor.
(p) Prior to making a recommendation for pardon, reprieve or commutation and prior to releasing any inmate on parole, the board shall notify the sentencing judge and prosecuting attorney at least ten days before the recommendation or parole.
(q) Any person released on parole shall participate as a condition of parole in the litter control program of the county to the extent directed by the board, unless the board specifically finds that this alternative service would be inappropriate.
(r) Except for the amendments to this section contained in subdivision (4), subsection (b) and subsection (i) of this section the amendments to this section enacted during the 2010 regular session of the Legislature shall become effective on January 1, 2011."
The bill, as amended by the Senate, and as further amended by the House, was then put upon its passage.
The yeas and nays were taken (Roll No. 7), and there were--yeas 97, nays 3, absent and not voting none, with the nays being as follows:
Nays: Householder, Savilla and Sobonya.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2001) passed.
On motion of Delegate Boggs, the title of the bill was amended to read as follows:
H. B. 2001 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the board of parole; providing that inmates serving life sentences with possibility of parole may be reconsidered by the parole board anytime within three years of denial of parole; and making technical corrections to the section."
Delegate Boggs moved that the bill take effect from it passage.
On this question, the yeas and nays were taken (Roll No. 8), 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 (H. B. 2001) 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.
Resolutions Introduced

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Manchin, Lawrence, Caputo, Frazier, Doyle, Longstreth, Morgan, D. Poling, Stephens and Varner:

H. J. R. 29 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to simple majority rule on all county, city, school district and municipal excess levies and bonds; and allowing counties, cities, school districts and municipal corporations to approve, by a vote of the people, excess levies and issue bonds by a majority of the votes cast for and against the same; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:
H. B. 2835 - "A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2-8 and §5B-2-9 of said code; and to amend and reenact §5F-2- 1 of said code, all relating generally to Division of Tourism and Tourism Commission; clarifying that Division of Tourism and the Tourism Commission are separate entities within Department of Commerce; modifying composition of Tourism Commission; and modifying the Tourism Commission's annual reporting requirement"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:
H. B. 2836 - "A Bill to amend and reenact §11-13J-4a, §11-13J-6, §11-13J-8 and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating to the Neighborhood Investment Program Act; specifying that board members who are affiliated, directly or indirectly, with an applicant may not discuss or vote on the applicant's proposal; increasing total maximum aggregate tax credits certified in any state fiscal year; specifying total maximum aggregate tax credits allowed in any state fiscal year; extending the date for termination of the Neighborhood Investment Program; and providing technical and clerical clean-up"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:
H. B. 2837 - "A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended; and that said code be amended by adding thereto a new section, designated §11-15-9n, all relating to consumers sales and service tax and use tax; specifying that on effective July 1, 2011, restrictions on exemptions by a construction contractor do not apply for certain purchases of primary material handling equipment, racking and racking systems and their components; nor do these restrictions on exemptions apply or to purchases of building materials and certain tangible personal property if the purchaser of contracting services would be entitled to claim a newly created; specifying exemption for certain purchases of primary material handling equipment, racking and racking systems, and their components, building materials and certain tangible personal property; specifying the application for certification of exemption and plan describing investment to be made; specifying application and plan filing date; specifying treatment of late filings and untimely filings of application and plan; specifying loss of exemption if investment is not made within the expansion period; defining terms; specifying exclusions and limitations for qualified warehouses and distribution facilities; specifying exclusions and disqualifications for failure to meet statutory criteria and requirements; specifying over-the-counter sales restrictions; specifying manufacturing, fabrication and assembly restrictions; specifying statute of limitations; specifying issuance of assessments against the purchaser of contracting services entitled to the newly created exemption, and not against a contractor who relied in good faith upon validity of an exemption; and specifying that the taxpayer first pay to the vendor the tax then apply to the State Tax Commissioner for a refund or credit and alternative use of the direct pay permit number"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:
H. B. 2838 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative principal and teacher certification; authorizing alternative principal and teacher certification programs; defining certain terms; setting forth procedures for approving alternative education programs by education providers; providing for alternative certification and instructional requirements; establishing eligibility standards; setting forth certain requirements for training and induction; providing criteria for recommendations and decisions affecting rehiring and hiring; requiring certain legislative rules and State Board of Education approval for alternative principal and teacher certification; and making technical corrections and removing obsolete provisions throughout"; to the Committee on Education.
By Delegates Manchin and Lawrence:

H. B. 2839 - "A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to municipalities; powers and duties of certain officers; municipal court for municipalities; and reducing the number of jurors in criminal trials in municipal courts from twelve to six"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Overington, Carmichael, Sobonya and Sumner:

H. B. 2840 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to providing that all persons have the right to be free from violence without regard to the motivation behind the violence"; to the Committee on the Judiciary.
By Delegate Ellem:

H. B. 2841 - "A Bill to amend and reenact §61-3A-3 of the Code of West Virginia, 1931, as amended, relating to crimes and their punishment; shoplifting; penalties; and eliminating the third offense conviction of shoplifting and its corresponding felony penalty"; to the Committee on the Judiciary then Finance.
By Delegates Manchin, Caputo, Miley, Ferro and Moore:

H. B. 2842 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-11-7, relating to defining ownership of coalbed methane when severance of mineral estates fails to provide for ownership"; to the Committee on the Judiciary.
By Delegates Caputo, Manchin, Longstreth, T. Campbell and Marshall:

H. B. 2843 - "A Bill to amend and reenact §5A-8-15 of the Code of West Virginia, 1931, as amended, relating to public records management and preservation; requiring county government entities to offer records to the Director of the Section of Archives and History of the Division of Culture and History prior to destroying or disposing of them; and allowing the allocation of funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access and preservation purposes in accordance with legislative rule"; to the Committee on Government Organization then Finance.
By Delegates Manchin, Miley, Evans, Fleischauer, Caputo, Wells, Barker, Moore and Ferro:

H. B. 2844 - "A Bill to amend and reenact §22C-1-6 and §22C-1-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22-18a of said code; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a new section, designated §31- 15A-17b, all relating to protection of the Chesapeake Bay Watershed; authorizing the Water Development Authority to require consolidation of wastewater treatment facilities; increasing the bonding authority of the Water Development Authority for limited purpose; increasing amount of excess lottery revenue deposited to infrastructure fund; providing for distribution to infrastructure fund where excess lottery revenue shortfall occurs; providing exemption for excess lottery revenue deposited to infrastructure fund; creating the West Virginia Infrastructure Lottery Revenue Debt Service Fund and providing for purpose of new fund; and authorizing Water Development Authority to issue revenue bonds for certain Chesapeake Bay watershed projects"; to the Committee on the Judiciary then Finance.
By Delegates Williams, Moye, D. Poling, Shaver, Skaff, Hamilton and Rowan:

H. B. 2845 - "A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42x, all relating to senior resident lifetime hunting, fishing and trapping license and fee of $25; and allowing persons who are sixty-five years of age before January 1, 2012, to remain exempt from the purchase of the license"; to the Committee on Senior Citizen Issues then Finance.
By Delegates Sobonya, Sumner, Rowan, C. Miller, Lane and J. Miller:

H. B. 2846 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles except for ceremonial purposes; prohibiting elected or appointed officials from placing their name or likeness on trinkets paid for with public funds; prohibiting elected or appointed officials from using public funds to distribute certain published materials bearing their name or likeness within sixty days prior to a primary or general election in which a public official is a candidate; definitions; exceptions"; to the Committee on the Judiciary.
By Delegates Smith, M. Poling, White, Williams, Stowers, Lawrence, L. Phillips, Pethtel, Martin, Perry and Shaver:

H. B. 2847 - "A Bill to amend and reenact §18-7A-28 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; options to beneficiaries; and authorizing a change of options because of death of beneficiary with a joint life annuity, within the first five years of retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegates Morgan, Talbott, Staggers and Swartzmiller:

H. B. 2848 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to authorizing the Ethics Commission to promulgate a legislative rule establishing guidelines under which a member of a state professional licensing board may serve concurrently as an officer of a state professional association"; to the Committee on Government Organization then the Judiciary.
By Delegates Rodighiero and Reynolds:

H. B. 2849 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2 and §16-2L-3, all relating to directing the Department of Health and Human Resources and the state Board of Pharmacy to implement a pilot program through which unused prescription drugs, other than opiates, can be transferred from nursing home facilities to pharmacies owned by local health departments or county pharmacies for the purpose of distributing medication to indigent people"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Manchin, Fleischauer, Caputo, Wells, Moore and Ferro:

H. B. 2850 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5 and §11-13BB-6; and to amend and reenact §22-11-8 of said code, all relating to coal slurry disposal; establishing a corporate net income tax credit for developing alternative technologies for disposal of coal slurry; and prohibiting new permits and modifications and renewals of existing permits for underground injection of coal slurry"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Fleischauer, Hamilton and Martin:

H. B. 2851 - "A Bill to amend and reenact §11A-3-19 and §11A-3-21 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11A-3- 23a; to amend and reenact §11A-3-52 and §11A-3-54 of said code; and to amend said code by adding thereto a new section, designated §11A-3-58a, all relating to permitting surface owners to purchase the mineral interests that lay below the property when the mineral interest becomes subject to a tax lien; establishing the purchase price to be twice the amount owed by the mineral interest owner; setting forth the procedure for clerks and deputy commissioners; establishing a nonrefundable $20 administrative fee to be paid by surface owners; providing a procedure if more than one surface owner desires to purchase the delinquent mineral interest; and modifying notices to redeem that are sent to property owners identifying the additional rights available to surface owners"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
House Calendar

Third Reading

Com. Sub. for H. B. 2075, Relating to acquisition of a municipal business license; 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. 9), and there were--yeas 96, nays 4, absent and not voting none, with the nays being as follows:
Nays: Householder, Howell, Kump and J. Miller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2075) 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. 2345, Changing the membership of the PEIA Financial Board; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 10), 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. 2345) 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. 2521
, Eliminating the requirement of serving domestic violence orders by certified mail; 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. 11), 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. 2521) 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

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 2402, Redefining the term "public record" as it is used in the Freedom of Information Act,
Com. Sub. for H. B. 2438, Bringing older contradicting language still remaining in the code into conformity with §3-2-5 and reestablishing a definition for "independent voter",
H. B. 2475, Including certain records of the Division of Juvenile Services in the exemptions from disclosure under the Freedom of Information Act,
And,
Com. Sub. for H. B. 2556, Resetting the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post-retirement employment limit.
First Reading

Com. Sub. for H. B. 2525, Relating to the practice of social work; on first reading, coming up in regular order, was read a first time and ordered to second reading:
At 11:47 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 26, 2011.

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