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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]
hdj2011-02-03-23


__________*__________




Thursday, February 3, 2011

TWENTY-THIRD 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 Wednesday, February 2, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 2658, Reducing the wholesale tax on heating fuel, off road fuels, kerosene and propane used for home heating purposes or off road use,
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. 2658) was referred to the Committee on Finance.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2514, Requiring reclaimed strip mines to be populated by plants that are beneficial to the local bee population,
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 Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2514) was referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2621, Insurance Commission, long-term care insurance,
And
H. B. 2624, Insurance Commission, self-insurance pools for political subdivisions,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2621 and H. B. 2624) were each referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2530, Requiring a study of the feasibility of consolidation of government services and enforcement of laws pertaining to the motor carrier industry,
And,
H. B. 2746, Relating to the testing of vehicles operated by nonprofit corporations engaged in research and development,
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. 2530 and H. B. 2746) was referred to the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2765, Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board,
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. 2765) was referred to the Committee on Finance.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2766, Relating to contribution rate for the Deputy Sheriff Retirement System,
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. 2766) was referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2737, Providing a procedure for removal of county, district or municipal officers,
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 Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2737) was referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2926, Relating to the issuance, disqualification, suspension and revocation of driver's licenses and privilege to operate a commercial motor vehicle,
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 Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2926) was referred to the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2770, Flexible Leave Act,
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. 2770) 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. 2617, WV Bureau for Public Health, food manufacturing,
And,
H. B. 2630, Optometry, rules of the board,
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. 2617 and H. B. 2630) were each 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:
H. B. 2616, Health Care Authority, certificate of need rule,
And,
H. B. 2905, Health and Human Resources, safety and treatment program,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B.2616 and H. B. 2905) 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. 2864, Creating of a misdemeanor crime of unlawful restraint called Celena's Law,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2864 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-14g; and to amend and reenact §61-2-28 of said code, all relating to the creation of a misdemeanor crime of unlawful restraint in the first and second degree; recidivist penalty; affirmative defenses; exemption for law-enforcement; and the addition of unlawful restraint as a domestic violence offense in section twenty-eight, article two, chapter sixty-one of the code,"
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. 2864) to the Committee on the Judiciary was abrogated.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2853, Providing for a special primary and general election to fill a vacancy in the office of Governor.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page nine, section two, line one hundred ten, by striking out the words "September 13, 2011" and inserting in lieu thereof the words "October 4, 2011",
On page fourteen, section two, line one hundred ninety-nine, by striking out the words "September 13, 2011" and inserting in lieu thereof the words "October 4, 2011",
On page thirteen, section two, after line one hundred ninety-six, by adding a new paragraph, designated paragraph (J), to read as follows:
"(J) For the special primary election to be held pursuant to this subsection, early voting will also be conducted from 9 a.m. to 5 p.m. on the Saturday immediately prior to the end of early voting."
And by amending the title of the bill to read as follows:
Com. Sub. for H. B. 2853 - "A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as amended, relating to filling a vacancy in the office of Governor; revising contingencies creating a vacancy in the office of Governor to comport with the West Virginia Constitution; providing for election of Governor if vacancy occurs within first threes years of term; providing one time new special elections to fill an existing vacancy in the office of Governor; providing requirements for special elections; providing that provisions relating to special general election do not affect political party creation; prescribing time frames for when new election must take place; providing for the person acting as Governor to issue proclamations relating to new elections; requiring the state to pay costs incurred in connection with any special elections; requiring the person acting as Governor to issue a proclamation setting a special primary election; requiring the proclamations issued by the person acting as Governor to be published; providing that the provisions of the law relating to elections shall apply to the special general election and special primary election unless inconsistent; modifying certain statutory time periods relating to declaration of candidacy; modifying procedures relating to payment of filing fees and drawing of ballot positions; clarifying the eligibility of certain minors to vote in special primary election; modifying statutory provisions relating to minimum number of ballots to be printed; providing that polling places shall not be changed except for certain situations; providing that constitutionally required redistricting to have no effect until after new special election in 2011 is complete; modifying procedures for persons without party affiliations to nominate candidates; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines; providing the provisions applying to the new special elections expire; authorizing Saturday early voting in the special primary election; and requiring Secretary of State to report to Joint Committee on Government and Finance."
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.
The Clerk of the House announced that, pursuant to a prior ruling of the Chair made on Tuesday, February 1, 2011 and entered upon the Journal of that date, the Speaker of the House was excused from voting on the passage and effective date of Com. Sub. for H. B. 2853, and that Delegates Armstead, Lane and Walters would be required to vote, under the same prior ruling of the Chair. [Clerk's Note: For verbatim ruling, see Journal of the House, February 1, 2001, pp. 476, 477]
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 45), and there were--yeas 96, nays none, excused from voting 1, absent and not voting 3, with the excused from voting and absent and not voting being as follows:
Excused From Voting: Mr. Speaker, Mr. Thompson.
Absent and Not Voting: Ellington, Frazier and C. 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. 2853) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 46), and there were--yeas 96, nays none, excused from voting 1, absent and not voting 3, with the excused from voting and absent and not voting being as follows:
Excused From Voting: Mr. Speaker, Mr. Thompson.
Absent and Not Voting: Ellington, Frazier and C. Miller.
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. 2853) takes effect from its passage.
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. 63 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-2-201 and §60A-2-204 of said code, all relating to defining key terms; modifying the authority of the Board of Pharmacy to add or delete substances to the schedules of controlled substances or reschedule substances; and adding synthetic cannabinoids and synthetic cocaine-like substances to the Schedule I list of controlled substances"; which was referred to the Committee on the Judiciary.

Resolutions Introduced

Delegate Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 38 - "Requesting the Division of Highways to name bridge number 21-79-95.73 on I-79 in Weston, West Virginia, the 'Colonel James E. Hiteshew Memorial Bridge'."
Whereas, James Edward Hiteshew was born October 8, 1930, in Weston, West Virginia, the son of Olive and John Hiteshew; and
Whereas, He attended a two-room country school for the first six grades and then went to Weston Junior High School and Weston High School; and
Whereas, While in school, he participated in various activities. He was president of the senior class and captain of the football team and an all-conference and second team all-state football guard his senior year of high school; and
Whereas, After graduation from high school in 1948, he attended Glenville College, West Virginia Wesleyan College and the United States Coast Guard Academy before entering the Air Force as an aviation cadet in 1952; and
Whereas, He received his wings and commission in September 1953 and then after completing gunnery school at Luke Air Force Base (AFB) Arizona, he was assigned to the 405th Fighter Bomber Group at Langley AFB, Virginia and several other assignments throughout the United States and abroad; and
Whereas, Colonel Hiteshew departed for Southeast Asia on September 18, 1966 and was stationed at Takhli Air Base; and
Whereas, He was flying over Vinh Phu province on his 75th mission when his F-105 Thunderchief was shot down on March 11, 1967 and was captured; and
Whereas, Colonel Hiteshew's emergency beepers had been heard and his parachute was observed, but immediate rescue in hostile territory proved impossible; and
Whereas, While a prisoner of war in North Vietnam Colonel Hiteshew lived in for six years in a twelve-foot cell, was repeatedly beaten by his captures and tied to a post so villagers could pelt him with rocks; and
Whereas, He utilized tapped codes to stay in touch with other prisoners during his six year stay before being repatriated with other POWs on March 4, 1973; and
Whereas, During Vietnam POW's reunion in 1996, he recalled that he suffered a broken right arm, a broken left elbow, a badly fractured right leg and a broken left leg after he ejected from his aircraft; and
Whereas, Colonel Hiteshew retired from the Air Force in 1979; and
Whereas, After Retirement from the Air Force, Colonel Hiteshew started the Air Force Junior ROTC Detachment at Easter Wayne High School in Goldsboro, North Carolina where his unique teaching style and quick wit developed his detachment into one of the "showcase" detachments in the Southeast region of the United States; and
Whereas, Colonel Hiteshew bravely earned the decorations of two Silver Stars, the Legion of Merit, two Distinguished Flying Crosses, two Bronze Star Medals, two Purple Hearts and the Meritorious Service Medal; and
Whereas, Colonel James Edward Hiteshew was married to Wilma "Billie" Coarathers Hiteshew, was father to Michael Dave and Susan Jeanne Davis and grandfather of Michael James Davis and David Ryan Davis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 21-79-95.73 on I-79 in Weston, West Virginia, the "Colonel James E. Hiteshew Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "Colonel James E. Hiteshew Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of James E. Hiteshew and the Secretary of the Department of Transportation.
Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Ennis, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kominar, Kump, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Nelson, O'Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Walters, Wells, White and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 17 - "
Designating February 3, 2011, as 'Crime Victims Day at the Legislature'."
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime Victims Day at the Legislature" by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation, and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of crime and families make valuable contributions to those who have been affected by crime in our State; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many
organizations and individuals who serve the needs of victims of crime and appreciate their many
contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 3, 2011, as "Crime Victims Day at the Legislature"; and, be it
Further Resolved, That the House of Delegates expresses its appreciation to the many organizations which serve victims of crime and their families throughout our State and for the dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the appropriate official with the West Virginia Crime Victims Compensation Fund, Cheryle M. Hall,
Clerk of the Court.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 18) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegate Nelson offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 18 - "Amending Rule 94 of the Rules of the House of Delegates, relating to the order of business, introduction of guests."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by amending Rule 94 of the Rules of the House of Delegates as follows:
ORDER OF BUSINESS

Joint Sponsors of Bill
94. Except those bills sponsored by the Speaker of the House, the Majority Leader or the Minority Leader, a bill may must be introduced bearing the names of at least three and not more than eleven members as joint sponsors of the bill.
Motions

On motion of Delegate Boggs, a House Select Committee on Enrolled Bills was created, to consist of not more than five members, to be appointed forthwith by the Speaker, said House Select Committee on Enrolled Bills to expire immediately upon final adoption of Joint Rules of the House and Senate.
Whereupon,
The Speaker appointed as members of such committee:
Delegates Poore (Chair), D. Poling (Vice Chair), Fragale and Overington.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Smith, Lawrence, Ellem, Lane, Ferro, C. Miller, Pino, Miley, M. Poling, Skaff and Barker:

H. B. 2995 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-19, relating to requiring a convicted sex offender who volunteers for an organization whose volunteers have contact with minors to inform that organization of his or her conviction; requiring the organization that accepts the sex offender as a volunteer to notify the parents or guardians of those minors of his or her conviction; and setting forth penalties"; to the Committee on the Judiciary then Finance.
By Delegate Perry:

H. B. 2996 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7, relating to requiring the Division of Corrections, Division of Juvenile Services, and Regional Jail and Correctional Facility Authority to establish shift differential pay scales for employees"; to the Committee on Government Organization then Finance.
By Delegates White, T. Campbell, Cann and Kominar

[By Request of the Department of Administration]:
H. B. 2997 - "A Bill to amend and reenact §5A-7-4a of the Code of West Virginia, 1931, as amended, relating to adding new language allowing invoices under $75 to accumulate and be mailed in one statement near the end of the fiscal year"; to the Committee on Finance.
By Delegates J. Miller, Cowles and Householder:

H. B. 2998 - "A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to providing medical and nonmedical exemptions from mandatory immunizations for school children; requiring parental or guardian affidavit of conscientious or religious belief; requiring parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations; providing that the affidavit be provided before the exemption may apply; providing rule-making authority to the Commissioner of the Bureau for Public Health; and providing that the Legislature has the sole authority to add or delete required vaccinations or exemptions for school attendance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates J. Miller, Householder, Cowles and Iaquinta:

H. B. 2999 - "A Bill to amend and reenact §15-10-5 of the Code of West Virginia, 1931, as amended, relating to the addition of marshals and deputy marshals of the Federal Air Marshal Service to the list of federal law enforcement authorized to act under this section"; to the Committee on the Judiciary.
By Delegates Shaver, Crosier, Stowers, Varner, Williams, Andes, Pethtel, Ferro, Romine, Evans and Walker:

H. B. 3000 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to making it lawful to hunt coyotes with a green colored light"; to the Committee on Natural Resources then the Judiciary.
By Delegates Doyle, Guthrie, Brown, Poore and Manypenny:

H. B. 3001 - "A Bill to amend and reenact §3-2-6 and §3-2-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-5-17 of said code, all relating to lengthening the period for voter registration; lengthening the period during which voters may register to the third day before an election; changing the verification procedures to provide for the extended period of registration; permitting registration during early elections to occur only at locations designated by the county clerk; permitting persons to register and vote on the same day during the early-voting period; prohibiting persons from changing party affiliation during the early-voting period preceding a primary election; and changing the canvassing start day in primary elections to Monday so clerks can comply with ten-day post card verification requirement"; to the Committee on the Judiciary then Finance.
By Delegates Ellem and D. Poling:

H. B. 3002 - "A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to requiring the sheriff of a county to issue, upon request, a blue flashing warning light to the prosecuting attorney of that county for use on his or her motor vehicle"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Iaquinta, Fleischauer, Longstreth, Azinger, Hatfield, Craig, Wells, Howell, R. Phillips and Paxton

[By Request of the Adjutant General's Office]:
H. B. 3003 - "A Bill to amend and reenact §15-1F-1 of the Code of West Virginia, 1931, as amended, relating to specifying additional activities for which members of the National Guard or Armed Forces Reserves who are also public officials and employees are entitled to a leave of absence"; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Morgan, Reynolds, Craig, Sobonya, C. Miller, Perdue and Stephens:

H. B. 3004 - "A Bill to repeal sections 2a, 11, 12 and 13 of chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 12 of which was amended by chapter 132, Acts of the Legislature, regular session, 1972; to repeal section 6a of chapter 194, Acts of the Legislature, regular session, 1983, as amended by chapter 110 of the Acts of the Legislature, regular session, 2003; and to amend and reenact sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), section 10 of which was amended by chapter 122 of the Acts of the Legislature, regular session, 1933, sections 1, 5, 6 and 9 of which were amended by chapter 194, Acts of the Legislature, regular session, 1983, section 8 of which was amended by chapter 175, Acts of the Legislature, regular session, 1991, sections 2, 3, and 4 of which were amended by chapter 110, Acts of the Legislature, regular session, 2003, and section 7 of which was amended by chapter 131, Acts of the Legislature, regular session, 2005, all relating to the Greater Huntington Park and Recreation District; requiring a public hearing when the comprehensive plan is updated; requiring that persons employed as park rangers meet certain law-enforcement qualifications; limiting liability for damages in the absence of willful and wanton misconduct; and making technical corrections"; to the Committee on Government Organization then Finance.

House Calendar

Third Reading

Com. Sub. for H. B. 2804, Removing outdated sunset language; 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. 47), 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: Ellington, Frazier and C. 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. 2804) 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

S. B. 184, Relating to disposition of remains of military service member who dies while serving in military; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 342, Making supplementary appropriation to Governor's Office--Civil Contingent 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 three, line thirteen, by striking out the words "Unclassified - Surplus" and inserting in lieu thereof the words "Special Election - Surplus".
There being no further amendments, the bill was ordered to third reading.

Com. Sub. for H. B. 2013, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2544, Relating to disposition of the remains of a deceased military service member who dies while serving; 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. 2562, Relating to the State Athletic Commission; on second reading, coming up in regular order, was read a second time.
Delegates Wells, Guthrie, Hatfield, Mahan, Marshall, Poore and Talbott moved to amend the bill on page two, line twenty-four, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.

(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;
(3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Services;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis; and
(8) Division of Energy provided in article two-f, chapter five-b of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) Division of Culture and History provided in article one, chapter twenty-nine of this code;
(4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.
(g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine a, chapter fifteen of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and
(12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:
(1) Tax Division provided in article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code,
(3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code; which including the State Athletic Commission provided in article five, chapter twenty-nine of this code;
(4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;
(5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code; and,
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code. and
(12) The State Athletic Commission provided in article five-a chapter twenty-nine of this code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7) Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.
(l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.
(m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.
(n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 1. DEPARTMENT OF REVENUE.
§11B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Finance and Revenue.

(a) There shall be in the Department of Revenue the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities which are incorporated in and shall be administered as part of the Department of Revenue:
(1) The Alcohol Beverage Control Commissioner provided for in article sixteen, chapter eleven of this code and article one, chapter sixty of this code;
(2) The Division of Banking provided for in article two, chapter thirty-one-a of this code;
(3) The Board of Banking and Financial Institutions provided for in article three, chapter thirty-one-a of this code;
(4) The State Budget Office heretofore known as the budget section of the Finance Division, Department of Administration, previously provided for in article two, chapter five-a of this code and now provided for in article two of this chapter;
(5) The agency of Insurance Commissioner provided for in article two, chapter thirty-three of this code;
(6) The Lending and Credit Rate Board provided for in chapter forty-seven-a of this code;
(7) The Lottery Commission and the position of Lottery Director provided for in article twenty-two, chapter twenty-nine of this code; which includes The State Athletic Commission provided in article five, chapter twenty-nine of this code;
(8) The Municipal Bond Commission provided for in article three, chapter thirteen of this code;
(9) The Office of Tax Appeals provided for in article ten-a, chapter eleven of this code;
(10) The State Athletic Commission provided for in article five-a, chapter twenty-nine of this code;
(11) (10) The Tax Division provided for in article one, chapter eleven of this code; and
(12) (11) The West Virginia Racing Commission provided for in article twenty-three, chapter nineteen of this code.
(b) The department shall also include any other agency, board, commission, division, office or unit subsequently incorporated in the department by the Legislature.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 5. STATE ATHLETIC COMMISSION.
§29-5-1. License required.
(a) A person may not promote a contest unless the person is licensed under this article and secures a permit to conduct the contest.
(b) A person may not participate in a contest as an official or contestant, unless the person is licensed under this article.
(c) A person may not promote or be a contestant in a mixed martial arts contest.

§29-5-2. Definitions.

As used in this article:
(a) 'Amateur' means a contestant who does not compete for a prize, in cash or otherwise.
(b) 'Boxing' means a contest between contestants who fight with their fists protected by gloves or mittens fashioned of leather or similar material, the duration of which is limited to a stated number of rounds separated by rest periods of equal duration. 'Boxing' includes kickboxing.
(c) 'Business entity' means any firm, partnership, association, club, company, corporation, limited partnership, limited liability company or other entity.
(d) 'Contest' means any public or private competition or exhibition.
(e) 'Contestant' means a person participating in a contest or exhibition including a manager, trainer, or second of a contestant.
(f) 'Mixed martial arts' means a combative sporting contest, the rules of which allow two competitors to attempt to achieve dominance over one another by utilizing a variety of techniques including, but not limited to, striking, grappling and the application of submission holds.
(g) 'Official' means referee, judge, matchmaker, timekeeper licensed under this article.
(h) 'Professional' means an individual licensed by the commission who competes for or has competed for a money prize, purse or compensation in a contest.
(I) 'Promote' means to conduct or hold a contest.
(j) 'Semi-Professional' means a tournament that involves physical contact between two individuals who attempt to out point the opponent by using boxing techniques and tactics. The winner of the tournament receiving a monetary prize or compensation.
§
29-5-3. State Athletic Commission.
The West Virginia Athletic Commission is continued. The commission shall consist of the five members appointed by the Governor, by and with the advice and consent of the Senate. The members of the board in office on July 1, 2011, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified. The board consists of the following members.
(1) One member who has five years experience in professional boxing;
(2) One member who has five years of experience in semi-professional boxing;
(3) One member who is a licensed allopathic or osteopathic physician; and
(4) Two citizen members, who are not licensed under the provisions of this article and do not perform any services related to the persons regulated under this article.
(b) The terms shall be for four years, except for the initial terms which the Governor shall stagger.
(c) Each member of the commission must be a resident of this state during the appointment term.
(d) A person, who is regulated by the commission, may not be appointed to the commission or be an employee of the commission. A member may not have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any person who is regulated by the commission or who participates in a contest.
(e) A member may not participate in any contest other than in the member's official capacity as a member of the commission.
(f) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.

(g) A vacancy on the commission shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.
(h) The Governor may remove any member from the commission for neglect of duty, incompetency or official misconduct.
(i) A member of the commission immediately and automatically forfeits membership on the commission if he or she is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.
(j) The commission shall elect annually one of its members as chairperson who serves at the will of the commission.
(k) Each member of the commission is entitled to compensation and expense reimbursement in accordance with section eleven, article one, chapter thirty of this code.
(l) A majority of the members of the commission constitutes a quorum.

(m) The commission shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.
(n) Prior to commencing his or her duties as a member of the commission, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
§29-5-4. Powers and duties of the commission.

(a) The commission has all the powers and duties set forth in this article, by rule, and elsewhere in law.
(b) The commission shall:
(1) Have control over professional boxing;
(2) Have control over semi-professional boxing;
(3) Hold meetings and conduct hearings;
(4) Establish requirements for licenses;
(5) Establish procedures for submitting, approving and rejecting applications for licenses and permits;
(6) Determine the qualifications of any applicant for licenses and permits;
(7) Hire, discharge, establish the job requirements and fix the compensation of the executive director;
(8) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce the provisions of this article;
(9) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the commission;
(10) Establish the criteria for the training of investigators;
(11) Set the requirements for investigations;
(12) Conduct disciplinary hearings of persons
regulated by the commission;
(13) Determine disciplinary action and issue orders;
(14) Institute appropriate legal action for the enforcement of the provisions of this article;
(15) Maintain an accurate registry of names and addresses of all licensees;
(16) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(17) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and permits;
(18) Establish a fee schedule;
(19) Have access to the financial records of licensees and permittees;
(20) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(21) Take all other actions necessary and proper to effectuate the purposes of this article.
(c) The commission may:
(1) Sue and be sued in its official name as an agency of this state; and
(2) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.
§29-5-5. Rulemaking.
(a) The commission shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for licenses and permits;
(2) Adopting the unified rules of boxing;
(3) Adopting rules governing semi-professional boxing contests;
(4) Procedures for the issuance and renewal of licenses and permits;
(5) A fee schedule;
(6) Increasing the surety bond or required insurance above the statutory minimum;
(7) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees and permitees;
(8) Requirements for investigations;
(9) Requirements for the reinstatement of revoked licenses or permits; and
(10) Any other rules necessary to effectuate the provisions of this article.
(b) All of the commission's rules in effect on July 1, 2011, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
§29-5-6. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines, received by the commission shall be deposited in a separate special revenue fund in the State Treasury designated the 'West Virginia State Athletic Commission', which is continued. The fund is used by the commission for the administration of this article. Except as may be provided in article one, chapter thirty, the commission retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article
is a charge against the General Revenue Fund.
(b) Any amount received as fines, imposed pursuant to this article
, shall be deposited into the General Revenue Fund of the State Treasury.
§29-5-7. Promoter's license requirements.
(a) To be eligible for a license to promote a contest, the applicant must:
(1) Apply to the commission on a form prescribed by the commission;
(2) Be of good moral character;
(3) Conduct his or her business in the best interest and welfare of the public and preserving the safety and health of participants;
(4) Pay the prescribed fee; and
(5) Adhere to and comply with the rules of the commission.
(b) In the case of a corporate applicant, these factors shall pertain to its officers, directors, principal stockholders and employees.
(c) The inspector and other officials designated by the commission to be in charge of a contest shall be paid by the promoter for each weigh-in ceremony and for each day of the contest.
(d) A promoter shall, within one week after the determination of a contest, furnish to the commission a written report detailing the number of tickets sold, the amount of the gross proceeds and other matters as the commission may prescribe.
(e) A promoter shall execute and file with the commission a surety bond in an amount not less than $10,000.
(f) A license issued pursuant to this section shall bear the name of the promoter, the address of the promoter, the date of expiration, and an identification number designated by the commission.
(g) A promoter's license shall expire twelve months after its date of issuance and shall become invalid on that date unless renewed. A promoter's license may be renewed upon application to the commission and upon payment of the renewal fee.
(h) A person licensed as a promoter shall insure each contestant in a contest for hospital, nursing, and medication expenses and for physicians' and surgeons' services. The amount of the insurance may not be less than $20,000 and shall be paid to or for the use of a contestant for any injuries sustained in a contest.
(i) A person licensed as a promoter shall provide life insurance to each contestant. The amount of life insurance may not be less than $20,000 and it shall be paid to the contestant's estate if the contestant dies as the result of participation in the contest.
§29-5-8. Contestant license requirements.
(a) To be eligible for a license to be a contestant in a boxing contest the applicant must:
(1) Apply to the commission on a form prescribed by the commission;
(2) Be physically fit and mentally sound;
(3) Pay the prescribed fee;
(4) Provide two recent photos, passport size;
(5) Adhere to and comply with the rules of the commission;
(6) Have passed a physical by a licensed physician the day of the scheduled contest; and
(7) Present documentary evidence, satisfactory to the commission, that:
(A) Within one year, immediately proceeding a contest, the applicant has been tested for the presence of:
(i) Antibodies to the human immunodeficiency virus (HIV);
(ii)The antigen of virus hepatitis B;
(iii) Antibodies to virus hepatitis C; and,
(iv) A pregnancy test, if applicable; and,
(B) The results of all tests are negative;
(8) Report the results of the examination to the commission.
(b) All contestants must sign a medical information release form to permit the commission to review the contestant's medical information.
§29-5-9. Semi-professional contestant license requirements.
(a) To be eligible for a license to be a semi-professional contestant, the applicant must:
(1) Apply to the commission on a form prescribed by the commission;
(2) Be physically fit and mentally sound;
(3) Pay the prescribed fee;
(4) Adhere to and comply with the rules of the commission; and
(5) Have passed a physical by a licensed physician on the day of the scheduled contest.
§29-5-10. Officials license requirements.
(a) To be eligible for a license to be an official, the applicant must:
(1) Apply to the commission on a form prescribed by the commission;
(2) Be of good moral character;
(3) Be physically fit and mentally sound;
(4) Pay the prescribed fee;
(5) Adhere to and comply with the rules of the commission;
(6) Be unlikely to engage in acts detrimental to the fair and honest conduct of contests;
(7) Be qualified to hold a license by reason of the applicant's knowledge and experience; and
(8) Meet any other requirements the commission prescribes by legislative rule.
(b) The chief official of the contest is the deputy chief. The chief official of the bout is the referee. The referee shall have general supervision and control over the contest and shall be paid by the promoter.
(c) The officials shall be appointed by the commission, and shall receive from the commission a card authorizing them to act as such.
§
29-5-11. Permit requirements.
(a) To be eligible for a permit to conduct a contest an applicant must:
(1) Be licensed under section seven of this article; and,
(2) Apply to the commission on a form prescribed by the commission. The form shall require the following information:
(A) The date and starting time of the contest;
(B) The address of the place where the contest is to be held;
(C) The names of the contestants;
(D) The seating capacity of the building where the contest is to be held;
(E) The admission charge or any other charges;
(F) A copy of the contracts the promoter and the contestants have signed; and
(G) The name and address of the applicant; and
(3) Pay the applicable fee.
(b) The commission shall determine if the contestants are evenly and fairly matched according to skill, experience and weight so as to produce a fair and sportsmanlike contest.
(c) Each permit issued pursuant to this section shall bear the name and address of the applicant, the address of the place where the contest is to be held, and the date and starting time of the contest.
(d) The permit allows the permit holder to conduct only the contest named in the permit. A permit is not transferable.
§29-5-12. Amateur boxing.
Amateur boxing shall be governed by United States Boxing Association.
§29-5-13. Deputy chief and inspectors at contests.

(a) The commission shall employ a deputy chief and inspectors to attend each contest held under a permit.
(b) At least one deputy chief and at least two inspectors shall be assigned to a facility for a contest.
(c) The compensation of the deputy chief and the inspectors for attending a contest shall be charged to and paid by the permittee at whose facility the inspector serves.
(d) The inspectors shall report any violations of this article and legislative rules to the deputy chief.
§29-5-14. Complaints; investigations; due process procedure; grounds for disciplinary action.
(a) The commission may upon its own motion based on credible information, and shall upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the commission.
(b) Upon initiation or receipt of the complaint, the commission shall provide a copy of the complaint to the licensee or permittee.
(c) After reviewing any information obtained through an investigation, the commission shall determine if probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article, the commission may enter into a consent decree or hold a hearing for the suspension or revocation of the license or permit or the imposition of sanctions against the licensee or permittee.
(e) Any member of the commission or the executive director of the commission may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.
(f) Any member of the commission or its executive director may sign a consent decree or other legal document on behalf of the commission.
(g) The commission may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license or permit of, impose probationary conditions upon or take disciplinary action against, any licensee or permittee for any of the following reasons once a violation has been proven by a preponderance of the evidence:
(1) Obtaining a license or permit by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct which placed the public at risk, as defined by legislative rule of the commission;
(4) Intentional violation of a lawful order or legislative rule of the commission;
(5) Having had an authorization revoked, suspended, other disciplinary action taken, by the proper authorities of another jurisdiction;
(6) Having had an application denied by the proper authorities of another jurisdiction;
(7) Aiding or abetting unlicensed practice;
(8) Engaging in an act while acting in a professional capacity which has endangered or is likely to endanger the health, welfare or safety of the public;
(9) Being a habitual drunkard or addicted to the use of a controlled substance;
(10) Being mentally incompetent;
(l1) Failing to maintain in force the bond required by this chapter;
(12) Conducting himself or herself, by act or omission, in a manner which would tend to be detrimental to the best interests of boxing and semiprofessional boxing generally, or to the public interest and general welfare;
(13) Failing to pay a fine or forfeiture imposed by this chapter;
(14) Knowingly permitting a person less than eighteen years of age to participate in a public boxing or wrestling contest;
(15) Knowingly permitting gambling, betting, or wagering on the result of a contingency in connection with a contest; or
(16) Knowingly conducting or allowing to be conducted a sham or fake contest.
(h) For the purposes of subsection (g) of this section disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per violation;
(4) Practicing under supervision or other restriction;
(5) Requiring the licensee to report to the commission for periodic interviews for a specified period of time; or
(6) Other corrective action considered by the commission to be necessary to protect the public.

§29-5-15. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of article five, chapter twenty-nine-a of this code.
(b) The commission may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the commission so directs. The commission may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the commission has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the commission determines the licensee or permittee has violated subsection (g) of this section or the commission's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§29-5-16. Judicial review.
Any licensee or permittee adversely affected by a decision of the commission entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
§29-5-17. Actions to enjoin violations.
(a) If the commission obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of the commission, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.
(b) The circuit courts of this state may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based on its findings in the case.
(c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.
§29-5-18. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article or otherwise, the commission has reason to believe that a licensee or permittee has committed a criminal offense under this article, the commission may bring its information to the attention of an appropriate law-enforcement official.
(b) A person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000 or confined in jail not more than six months, or both fined and confined.
ARTICLE 22. STATE LOTTERY ACT.
§29-22-5. State Lottery Commission; powers and duties; cooperation of other agencies.

(a) The commission has the authority to:
(1) Promulgate rules in accordance with chapter twenty-nine-a of this code: Provided, That those rules promulgated by the commission that are necessary to begin the lottery games selected shall be exempted from the provisions of chapter twenty-nine-a of this code in order that the selected games may commence as soon as possible;
(2) Establish rules for conducting lottery games, a manner of selecting the winning tickets and manner of payment of prizes to the holders of winning tickets;
(3) Select the type and number of public gaming systems or games, to be played in accordance with the provisions of this article;
(4) Contract, if deemed desirable, with the educational broadcasting authority to provide services through its microwave interconnection system to make available to public broadcasting stations servicing this state and, at no charge, for rebroadcast to commercial broadcasting stations within this state, any public gaming system or games drawing;
(5) Enter into interstate and international lottery agreements with other states or foreign countries, or any combination of one or more states and one or more foreign countries;
(6) Adopt an official seal;
(7) Maintain a principal office and, if necessary, regional suboffices at locations properly designated or provided;
(8) Prescribe a schedule of fees and charges;
(9) Sue and be sued;
(10) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives of the commission as set forth in this article;
(11) Designate one of the deputy directors to serve as acting director during the absence of the director;
(12) Hold hearings on any matter of concern to the commission relating to the lottery, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners and employees to so act; and
(13) To make and enter into all agreements and do all acts necessary or incidental to the performance of its duties and the exercise of its powers under this article.
(14) Provide administrative support and office space to the State Athletic Commission.
(b) Departments, boards, commissions or other agencies of this state shall provide assistance to the state lottery office upon the request of the director.
(c) Upon the request of the deputy director for the security and licensing division in conjunction with the director, the Attorney General, Department of Public Safety and all other law-enforcement agencies shall furnish to the director and the deputy director such information as may tend to assure the security, honesty, fairness and integrity in the operation and administration of the lottery as they may have in their possession, including, but not limited to, manual or computerized information and data. The director is to designate such employees of the security and licensing division as may be necessary to act as enforcement agents. Such agents are authorized to investigate complaints made to the commission or the State Lottery Office concerning possible violation of the provisions of this article and determine whether to recommend criminal prosecution. If it is determined that action is necessary, an agent, after approval of the director, is to make such recommendation to the prosecuting attorney in the county wherein the violation occurred or to any appropriate law-enforcement agency."
On the adoption of the amendment, Delegate Wells demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 48), and there were--yeas 38, nays 60, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Barker, Border, Brown, Cann, Cowles, Crosier, Duke, Ellem, Ennis, Evans, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton, Hatfield, Iaquinta, Ireland, Kump, Mahan, Marshall, J. Miller, Pasdon, Perdue, Perry, Phillips L., Pino, Poore, Rowan, Snuffer, Talbott, Walker and Wells.
Absent and Not Voting: C. Miller and Romine.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
There being no further amendments, the bill was ordered to engrossment and third reading.
First Reading

Com. Sub. for S. B. 200, Correcting names of state institutions of higher education; on first reading, coming up in regular order, was read a first time and ordered to second reading:
Com. Sub. for S. B. 261, Providing for special primary and general election to fill vacancy in office of Governor; on first reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2503
, Relating to licensure requirements,
Com. Sub. for H. B. 2750, Adding consideration of sexual assault in issuing an order to temporarily or permanently end a parent-child relationship,
Com. Sub. for H. B. 2752, Increasing the maximum age for persons applying for appointment for the police force in a Class I or Class II city from thirty-five to forty years,
Com. Sub. for H. B. 2860, Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction,
And,
Com. Sub. for H. B. 2919, Correcting the name of West Liberty University.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate C. Miller.
Remarks of Members

Delegate J. Miller addressed the House concerning the upcoming one hundredth birthday of President Ronald Reagan, and the accomplishments of his presidency, and at the conclusion of his remarks, Delegate Armstead asked and obtained unanimous consent that they be included in the Appendix to the Journal.
Delegate Armstead also addressed the House regarding former President Reagan, and at the conclusion of his remarks, Delegate Lane asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Miscellaneous Business

Delegate Boggs announced that he was absent when the votes were taken on Roll Nos. 25, 27, 28, 29 and 30, and that had he been present, he would have voted "Yea" thereon. He also announced and that he was absent when the vote was taken on Roll No. 26, and that had he been present, he would have voted "Nay" thereon.
Delegates Ellington and Frazier announced that they were absent when the votes were taken on Roll Nos.45 and 46, and that had they been present, they would have voted "Yea" thereon.
At 12:25 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 4, 2011.

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