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House Journal


Day 110 (05-31-2009) - [PDF]
Day 109 (05-30-2009) - [PDF]
Day 108 (05-29-2009) - [PDF]
Day 106 (05-27-2009) - [PDF]
Day 105 (05-26-2009) - [PDF]
Day 60 (04-11-2009) - [PDF]
Day 59 (04-10-2009) - [PDF]
Day 58 (04-09-2009) - [PDF]
Day 57 (04-08-2009) - [PDF]
Day 56 (04-07-2009) - [PDF]
Day 55 (04-06-2009) - [PDF]
Day 51 (04-02-2009) - [PDF]
Day 52 (04-03-2009) - [PDF]
Day 50 (04-01-2009) - [PDF]
Day 49 (03-31-2009) - [PDF]
Day 48 (03-30-2009) - [PDF]
Day 45 (03-27-2009) - [PDF]
Day 44 (03-26-2009) - [PDF]
Day 43 (03-25-2009) - [PDF]
Day 41 (03-23-2009) - [PDF]
Day 38 (03-20-2009) - [PDF]
Day 37 (03-19-2009) - [PDF]
Day 36 (03-18-2009) - [PDF]
Day 35 (03-17-2009) - [PDF]
Day 34 (03-16-2009) - [PDF]
Day 31 (03-13-2009) - [PDF]
Day 29 (03-11-2009) - [PDF]
Day 28 (03-10-2009) - [PDF]
Day 27 (03-09-2009) - [PDF]
Day 24 (03-06-2009) - [PDF]
Day 23 (03-05-2009) - [PDF]
Day 22 (03-04-2009) - [PDF]
Day 21 (03-03-2009) - [PDF]
Day 20 (03-02-2009) - [PDF]
Day 17 (02-27-2009) - [PDF]
Day 16 (02-26-2009) - [PDF]
Day 15 (02-25-2009) - [PDF]
Day 14 (02-24-2009) - [PDF]
Day 13 (02-23-2009) - [PDF]
Day 10 (02-20-2009) - [PDF]
Day 09 (02-19-2009) - [PDF]
Day 08 (02-18-2009) - [PDF]
Day 07 (02-17-2009) - [PDF]
Day 06 (02-16-2009) - [PDF]
Day 01 (02-11-2009) - [PDF]
Day 02 (02-12-2009) - [PDF]
Day 03 (02-13-2009) - [PDF]
Day 00 (01-14-2009) - [PDF]
hdj2009-02-12-02



__________*__________




Thursday, February 12, 2009

SECOND 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 11, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the introduction of resolutions.
Resolutions Introduced

Delegates M. Poling and Paxton offered a resolution, which was read by the Clerk as follows:
H. R. 6 - "Recognizing the West Virginia Civics Literacy Council and Civic Literacy Day."
Whereas, Thursday, February 12, 2009, is the 200th Birthday of the 16th President of the United States, Abraham Lincoln, who is responsible for the creation of the state of West Virginia and should be a day for all West Virginians to reflect on their responsibilities as citizens of this great State; and
Whereas, The House of Delegates urged the creation of the West Virginia Literacy Council with the passage of House Resolution 33 on March 8, 2007, to promote civic education and citizenship among West Virginia's youth and young adults; and
Whereas, Governor Joe Manchin III, has encouraged all West Virginians to "join in honoring the visionary efforts of our ancestors, and in this spirit of patriotism rededicate ourselves to the great ideals that motivated our Nation's founding fathers"; and
Whereas, The Council works to advance civic knowledge about the Constitution of the United States and our nation's history, encourages civic participation in voting, serving on juries and other duties of citizenship, and promotes the learning and practice of leadership skills required to build stronger communities through effective governance, service and volunteerism; and
Whereas, The members of the West Virginia Civics Literacy Council, the West Virginia League of Women Voters, the West Virginia Humanities Council, the West Virginia School Superintendents Association, the West Virginia Education Association, the West Virginia Federation of Teachers, the West Virginia Professional Educators Association, the West Virginia Campus Compact, the West Virginia Commission for National and Community Service, the West Virginia Library Commission, the Hi-Y Leadership Center, the West Virginia Center for Civic Life, the West Virginia Higher Education Policy Commission, the West Virginia Bar Foundation, the West Virginia Board of Education, the West Virginia School Board Association are all assessing the status of civics education in West Virginia, compiling an inventory of civic engagement opportunities, and supporting the implementation of civic literacy as part of the 21st century skills initiative; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the importance of the West Virginia Civics Literacy Council and Civic Literacy Day; and, be it
Further Resolved, That civic literacy is the responsibility of everyone in our communities as democracy is reborn in each new generation and that nurturing a new generation of citizens is one of the central missions of public education and state government; and, be it
Further Resolved, That the House of Delegates encourages the West Virginia Civics Literacy Council to continue and increase its efforts to expand civic literacy programs and activities within the state's public school system and to work with interested individuals and groups in enhancing civic education and understanding for all West Virginia citizens; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this resolution for the West Virginia Civics Literacy Council.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 6) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Schadler, Evans and Rowan offered the following resolution, which was read by the Clerk as follows:
H. R. 7 - "Recognizing the considerable contributions of Nancy Hanks, mother of Abraham Lincoln and native West Virginian."
Whereas, Thursday, February 12, 2009, is the 200th Birthday of the 16th President of the United States, Abraham Lincoln, who is responsible for the creation of the state of West Virginia; and
Whereas, Mineral County, West Virginia, has long been recognized as the birthplace of Nancy Hanks; and
Whereas, Joseph Hanks married Ann Lee (a distant relative of Richard Lee, father of Robert E. Lee), and that marriage bore nine children, one of whom was Lucy Hanks; and
Whereas, While residing on a parcel of property consisting of 108 acres located on Mikes Run in Mineral County, West Virginia, at a time believed to be not earlier than June 12, 1783, nor later than June 11, 1784, Lucy Hanks bore a child named Nancy Hanks; and
Whereas, In 1806 Nancy Hanks married Thomas Lincoln and on February 12, 1809, gave birth to Abraham Lincoln; and
Whereas, Nancy Hanks Lincoln died in 1818 at which time Abraham Lincoln was just nine years of age. In recognition of an important but often unrecognized individual who had a significant impact upon the history of this country, President Lincoln stated, "God bless my mother; all that I am or ever hope to be I owe to her"; and
Whereas, In 1929 a special commission identified as the Nancy Hanks Commission was appointed by West Virginia Governor William G. Conley to investigate the authenticity of the location of the birthplace of Nancy Hanks, and in its final report adopted the findings of Dr. William E. Barton of Foxboro, Massachusetts, a leading historian on Abraham Lincoln, as the best evidence on the nativity of Nancy Hanks; and
Whereas, The findings and conclusions of the Nancy Hanks Commission recognized and officially adopted as factual and historical evidence Dr. Barton's findings that the actual birthplace of Nancy Hanks was, in fact, located within the State of West Virginia; and
Whereas, On November 5, 2008, the members of the Mineral County Historical Society adopted a resolution declaring and proclaiming that Mineral County, West Virginia, is the birthplace of Nancy Hanks Lincoln and on November 20, 2008, a similar resolution was adopted by the Mineral County Historic Landmarks Commission; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby concurs with the resolution adopted by the Mineral County Historical Society and the Mineral County Historic Landmarks Commission and does thus declare and proclaim that Mineral County, West Virginia, is the birthplace of Nancy Hanks Lincoln; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare and mail a certified copy of this resolution to the Mineral County Commission, the Mineral County Historical Society and the Mineral County Historic Landmarks Commission.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 7) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Messages from the Executive

The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:


February 10, 2009

The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305
The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305
Gentlemen:
In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of all of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.
Also, attached is a report listing all of the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.
In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that, the names of all Committee members be placed upon the draft bills as sponsors in their respective houses.
Thank you for your cooperation.
Sincerely,
Joseph Minard
Senate
Bonnie Brown
House of Delegates
Whereupon,

Mr. Speaker, Mr. Thompson, presented the report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:
February 4, 2009

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted or as modified, has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:
Administration, WV Department of

Purchasing Division, 148CSR1 [H. B. 2151].

Agriculture, WV Department of

Schedule of Charges for Inspection Services: Fruit, 61CSR8B [H. B. 2152].

Architects, WV Board of

Fees for Registration of Architects, 2CSR3 [H. B. 2153].

Consolidated Public Retirement Board

General Provisions, 162CSR1 [H. B. 2154].

Consolidated Public Retirement Board

Public Employees Retirement System, 162CSR5 [H. B. 2155].

Consolidated Public Retirement Board

Refund, Reinstatement, Retroactive Service, and Loan Interest Factors, 162CSR7 [H. B. 2156].

Consolidated Public Retirement Board

Service Credit for Accrued and Unused Sick and Annual Leave, 162CSR8 [H. B. 2157].

Consolidated Public Retirement Board

West Virginia State Police, 162CSR9 [H. B. 2158].

DEP - Air Quality

Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Commence Construction, and Procedures for Evaluation, 45CSR13 [H. B. 2159].

DEP - Air Quality

Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 2160].

DEP - Air Quality

Control of Air Pollution From Hazardous Waste Treatment, Storage and Disposal Facilities, 45CSR25 [H. B. 2161].

DEP - Air Quality

Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 2162].

DEP - Air Quality

Mercury Budget Trading Program to Reduce Mercury Emissions, 45CSR37 [H. B. 2163].

DEP - Secretary's Office

Voluntary Remediation and Redevelopment Rule, 60CSR3 [H. B. 2164].

DEP - Water Resources

State Water Pollution Control Revolving Fund, 47CSR31 [H. B. 2165].

Ethics Commission, WV

Filing of Verified Time Records, 158CSR14 [H. B. 2166].

Ethics Commission, WV

Voting, 158CSR9 [H. B. 2167].

Labor, WV Division of

Packaging and Labeling, 42CSR10 [H. B. 2168].

Labor, WV Division of

Method of Sale of Commodities, 42CSR11 [H. B. 2169].

Labor, WV Division of

West Virginia Manufactured Housing Construction and Safety Standards Board, 42CSR19 [H. B. 2170].

Labor, WV Division of

Weights and Measures Calibration Fees, 42CSR26 [H. B. 2171].

Natural Resources, WV Division of

Boating Rules, 58CSR25 [H. B. 2172].

Natural Resources, WV Division of

Deer Hunting Rules, 58CSR50 [H. B. 2173].

Natural Resources, WV Division of

Lifetime Hunting, Trapping and Fishing Licenses, 58CSR67 [H. B. 2174].

Social Work Examiners, WV Board of

Fee Schedule, 25CSR3 [H. B. 2175].

Tax Department, WV State

Repeal of Valuation of Intangible Personal Property Including Stock, Accounts Receivable and Stock in Banks and Capital of Savings and Loan Associations, 110CSR1L [H. B. 2176].

Tourism, WV Division of

Direct Advertising Grants Program, 144CSR1 [H. B. 2177].

The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:
Accountancy, WV Board of

Board Rules and Rules of Professional Conduct, 1CSR1 [H. B. 2178].

Administration, WV Department of

Parking, 148CSR6 [H. B. 2179].

Administration, WV Department of

Rules and Regulations for Fair Market Price Determination, 186CSR1 [H. B. 2180].

Administration, WV Department of

Rules and Regulations Statewide Contract, 186CSR3 [H. B. 2181].

Administration, WV Department of

Rules for Qualifications for Participation, 186CSR4 [H. B. 2182].

Agriculture, WV Department of

Animal Disease Control, 61CSR1 [H. B. 2183].

Agriculture, WV Department of

Disposal of Dead Poultry, 61CSR1C [H. B. 2184].

Agriculture, WV Department of

Commercial Feed, 61CSR5 [H. B. 2185].

Architects, WV Board of

Registration of Architects, 2CSR1 [H. B. 2186].

Consolidated Public Retirement Board

Deputy Sheriff Retirement System, 162CSR10 [H. B. 2187].

Consolidated Public Retirement Board

Benefit Determination and Appeal, 162CSR2 [H. B. 2188].

Consolidated Public Retirement Board

Teachers' Retirement System, 162CSR4 [H. B. 2189].

Deaf and Hard of Hearing, WV Commission for the

Establishment of Required Qualifications and Ethical Standards for Interpreters and Transliterators, 192CSR3 [H. B. 2190].

Dental Examiners, WV Board of

Rules for the West Virginia Board of Dental Examiners, 5CSR1 [H. B. 2191].

Dental Examiners, WV Board of

Formation and Approval of Dental Corporations, 5CSR6 [H. B. 2192].

DEP - Air Quality

Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration, 45CSR14 [H. B. 2193].

DEP - Air Quality

Ambient Air Quality Standards, 45CSR8 [H. B. 2194].

DEP - Waste Management

Hazardous Waste Management System, 33CSR20 [H. B. 2195].

DEP - Waste Management

Assessment of Civil Administrative Penalties, 33CSR22 [H. B. 2196].

DEP - Waste Management

Hazardous Waste Management Fee, 33CSR24 [H. B. 2197].

DEP - Water Resources

Environmental Laboratories Certification and Standards of Performance, 47CSR32 [H. B. 2198].

DEP - Water Resources

Dam Safety Rule, 47CSR34 [H. B. 2199].

DEP - Water Resources

Assessment of Civil Administrative Penalties, 47CSR56 [H. B. 2200].

Ethics Commission, WV

Employment Exemptions, 158CSR11 [H. B. 2201].

Ethics Commission, WV

Lobbying, 158CSR12 [H. B. 2202].

Ethics Commission, WV

Purchase, Sale or Lease of Personal Property, 158CSR3 [H. B. 2203].

Ethics Commission, WV

Interest in Public Contracts, 158CSR8 [H. B. 2204].

Health, WV Bureau for Public

Licensure of Medical Adult Day Care Centers, 64CSR2 [H. B. 2205].

Health, WV Bureau for Public

Public Water Systems, 64CSR3 [H. B. 2206].

Health, WV Bureau for Public

Tuberculosis Testing, Control, Treatment and Commitment, 64CSR76 [H. B. 2207].

Human Services, WV Division of

Child Care Center Licensing, 78CSR1 [H. B. 2208].

Insurance Commission, WV

Continuing Education for Individual Insurance Producers, 114CSR42 [H. B. 2209].

Insurance Commission, WV

Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values, 114CSR86 [H. B. 2210].

Labor, WV Division of

Standards for Weights and Measures Inspectors Adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987, Edition, 42CSR16 [H. B. 2211].

Labor, WV Division of

Amusement Rides and Attractions Safety Act, 42CSR17 [H. B. 2212].

Labor, WV Division of
Elevator Safety Act, 42CSR21 [H. B. 2213].

Medicine, WV Board of

Definition of Surgery, 11CSR10 [H. B. 2214].

Medicine, WV Board of

Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants, 11CSR1B [H. B. 2215].

Medicine, WV Board of

Establishment and Regulation of Restricted License Issued to an Applicant in Extraordinary Circumstances, 11CSR2 [H. B. 2216].

Motor Vehicles, WV Division of

Denial, Suspension, Revocation, Restriction or Nonrenewal of Driving Privileges, 91CSR5 [H. B. 2217].

Motor Vehicles, WV Division of

Collection on the Tax on the Sale of a Vehicle, 91CSR9 [H. B. 2218].

Natural Resources, WV Division of

Hunting, Trapping and Fishing License and Stamp Fees, 58CSR71 [H. B. 2219].

Personnel, WV Division of
Reimbursement of Compensation Paid to State Employees for Training, Education and Professional Development, 143CSR8 [H. B. 2220].

Physical Therapy, WV Board of

General Provisions, 16CSR1 [H. B. 2221].

Regional Jail and Correctional Facility Authority, WV

Criteria and Procedures for Determination of Projected Cost Per Day for Inmates Incarcerated in Regional Jails Operated by the Authority, 94CSR7 [H. B. 2222].

Registered Professional Nurses, WV Board of Examiners for

Policies, Standards and Criteria for the Evaluation and Accreditation of Colleges, Departments or Schools of Nursing, 19CSR1 [H. B. 2223].

Registered Professional Nurses, WV Board of Examiners for

Limited Prescriptive Authority for Nurses in Advanced Practice, 19CSR8 [H. B. 2224].

Rehabilitation Services, WV Division of

Low Vision Driver Training Program, 130CSR3 [H. B. 2225].

Respiratory Care, WV Board of

Student Temporary Permits, 30CSR9 [H. B. 2226].

Secretary of State

Administration of the Address Confidentiality Program, 153CSR37 [H. B. 2227].

Tax Department, WV State
Combined Returns Pursuant to an Investigation by the Tax Commissioner, 110CSR10K [H. B. 2228].

Tax Department, WV State

Film Industry Investment Tax Credit, 110CSR13X [H. B. 2229].

Tax Department, WV State

Electronic Filing and Payment of Special District Excise Tax, 110CSR39 [H. B. 2230].

Tax Department, WV State

Withholding or Denial of Personal Income Tax Refunds from Taxpayers Who Owe Municipal Costs, Fines, Forfeitures, or Penalties, 110CSR40 [H. B. 2231].


Tax Department, WV State

Exchange of Information agreement Between the State Tax Division and the Department of Health and Human Resources Office of the Inspector General Medicaid Fraud Control Unit, 110CSR50E [H. B. 2232].

Veterinary Medicine, WV Board of

Schedule of Fees, 26CSR6 [H. B. 2233].

Petitions

Mr. Speaker, Mr. Thompson, presented a resolution on behalf of the Concord University Classified Employee Council, in opposition to the PEIA proposed increases; which was referred to the Committee on Banking and Insurance; which was referred to the Committee on Finance.
Delegates Caputo, Longstreth and Manchin presented a petition on behalf of their constituents, opposing the Allegheny Energy's proposed transmission power line through northern West Virginia; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business.
Delegate Williams presented a petition on behalf of his constituents, requesting legal authorities assign juveniles who have committed crimes of lesser degrees to perform at least fifty hours of community service; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2151 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to the Purchasing Division"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2152 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2153 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a legislative rule relating to the fees for registration of architects"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2154 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2155 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees' Retirement System"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2156 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest factors"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2157 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2158 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2159 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants; notification requirements; administrative updates; temporary permits; general permits; permission to commence construction; and procedures for evaluation"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2160 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2161 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2162 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2163 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to a mercury budget training program to reduce mercury emissions"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2164 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2165 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the state water pollution control revolving fund"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2166
- "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2167 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to voting"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2168 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to packaging and labeling"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2169 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to a method of sale of commodities"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2170 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety Standards Board"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2171 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2172 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to boating"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2173 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2174 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2175 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work Examiners to promulgate a legislative rule relating to a fee schedule"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2176 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the repeal of valuation of intangible personal property including stock accounts receivable and stock in banks and capital of savings and loan associations"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2177 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Tourism to promulgate a legislative rule relating to the direct advertising grants program"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2178 - "A Bill to amend and reenact article 9 , chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional conduct"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2179 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to parking"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2180
- "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to fair market price determination"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2181 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to statewide contracts"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2182 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to qualifications for participation"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2183 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2184 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the disposal of dead poultry"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2185 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2186 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2187 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2188 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2189 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Retirement System"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2190 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2191 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2192 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2193 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2194 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2195 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2196 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2197 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management fee"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2198 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to environmental laboratories certification and standards of performance"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2199 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to dam safety"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2200 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2201
- "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to employment exemptions"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2202 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2203 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to the purchase, sale or lease of personal property"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2204 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative relating to interest in public contracts"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2205 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to licensure of medical adult day care centers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2206 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2207 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control treatment and commitment"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2208
- "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to child care center licensing"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2209 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers"; to the Committee Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2210 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2211 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to standards for weights and measures inspectors adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2212 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Attractions Safety Act"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2213 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2214 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the definition of surgery"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2215 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2216 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of a restricted license issued to an applicant in extraordinary circumstance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2217 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial, suspension, revocation, restriction or nonrenewal of driving privileges"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2218 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to collection on the tax on the sale of a vehicle"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2219
- "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing license and stamp fees"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2220 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to reimbursement of compensation paid to state employees for training, education and professional development"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2221 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate a legislative rule relating to general provisions"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2222 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the Authority"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2223 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies, standards and criteria for the evaluation and accreditation of colleges, departments or schools of nursing"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2224 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2225 - "A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the low vision driver training program"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2226 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Respiratory Care to promulgate a legislative rule relating to student temporary permits"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2227 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the administration of the address confidentiality program"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2228 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to combined returns pursuant to an investigation by the Tax Commissioner"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2229 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the film industry investment tax credit"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2230 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to electronic filing and payment of special district excise tax"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2231 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal costs, fines, forfeitures or penalties"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2232 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Division and the Department of Health and Human Resources Office of the Inspector General Medicaid Fraud Control Unit"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:
H. B. 2233 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Shaver and Duke:
H. B. 2234
- "A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum cash award the Employee Suggestion Award Board may make; requiring the board to report to the Legislature every five years regarding effect of inflation; and allowing the Governor to make a secondary award for suggestions if the suggestion is implemented in one or more additional state agencies"; to the Committee on Government Organization then Finance.
By Delegate Azinger:
H. B. 2235 - "A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as amended, relating to personal income tax; providing tax exemption to veterans and their spouses locating in West Virginia following the veterans' separation from service"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegate Caputo:
H. B. 2236 - "A Bill to amend and reenact §21-1A-4 of the Code of West Virginia, 1931, as amended, relating to making the use of permanent replacements for striking workers an unfair labor practice by employers who have employee stock ownership plans"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Border:
H. B. 2237 - "A Bill to amend and reenact §33-42-8 of the Code of West Virginia, 1931, as amended, relating to establishing the crime of partial birth infanticide; penalty; definitions; and exceptions"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Hatfield, Guthrie and Fleischauer:
H. B. 2238 - "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 emergency contraception"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Perry:
H. B. 2239 - "A Bill to amend and reenact §17A-10-8 of the Code of West Virginia, 1931, as amended, relating to exempting nonprofit organizations from paying an annual motor vehicle registration fee"; to the Committee on Roads and Transportation then Finance.
By Delegates Eldridge, Marshall, Caputo and Perdue:
H. B. 2240 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-11-5b, relating to prohibiting the use of a person's credit history in insurance transactions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Eldridge, Marshall, Miley and Caputo:
H. B. 2241 - "A Bill to amend and reenact §18B-14-10 of the Code of West Virginia, 1931, as amended, relating to credit card solicitation on college campuses; and providing a misdemeanor penalty for violations"; to the Committee on Education then the Judiciary.
By Delegates Morgan and Craig:
H. B. 2242 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9m, relating to creating exemptions from the consumers sales and services tax for sales of tangible personal property, parts, materials, apparatus and equipment to be directly incorporated into the initial construction or installation of a qualified amusement ride that is directly sold or leased to a qualified operator of a qualified amusement park located in this state; for leases of qualified amusement rides that are directly leased to a qualified operator of a qualified amusement park located in this state; and for sales of qualified amusement ride design and engineering services that are directly sold to a qualified operator of a qualified amusement park located in this state; and providing definitions"; to the Committee on Finance.
By Delegates Boggs and Campbell:
H. B. 2243 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-6-1, §4-6-2 and §4-6-3, all relating to creating the Joint Commission on Technology and Advanced Communications; providing for appointment of members of the Senate and House of Delegates to the commission; providing for the appointment of citizen members; meetings, periods of function, powers and duties of the commission; and the recommendation of guidelines"; to the Committee on Government Organization.
By Delegates Schoen and Martin:
H. B. 2244 - "A Bill to amend and reenact §22C-4-23 of the Code of West Virginia, 1931, as amended, relating to prohibiting solid waste authorities from duplicating or competing with private recycling businesses"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Iaquinta, Miley, Campbell and Evans:
H. B. 2245 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-1b, relating to the denial of course credits for unexcused absences in school"; to the Committee on Education.
By Delegates Craig and Morgan:
H. B. 2246 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26v, relating to providing a cost-of-living provision for certain persons retired under the Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo and Martin:
H. B. 2247 - "A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931, as amended, relating to maximum hours of work; and providing that an employee has the right to decline to work more than forty hours in any one workweek"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Caputo and Argento:
H. B. 2248 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-19, relating to requiring employers to pay nurses at their regular rate of pay for all the time they are on-call on the employer's premises"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perry, Williams and Cann:
H. B. 2249 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to allowing comparable credit at trade or vocational schools approved by the state board to count towards certain service personnel pay rates"; to the Committee on Education then Finance.
By Delegates Doyle and Overington:
H. B. 2250 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7, relating to salary increases for state employees based upon residential housing costs in a county"; to the Committee on Finance.
By Delegates Caputo and Martin:
H. B. 2251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of fire departments employed by political subdivisions; providing for the right of self-organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of employee organization dues and assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearing before Civil Service Commission; providing judicial review; specifying powers and duties of the Civil Service Commission; and allowing injunctive relief"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Spencer:
H. B. 2252 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3, all relating to providing a tax credit to landlords who rent to parolees"; to the Committee on Finance.
By Delegate Fleischauer:
H. B. 2253 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Walters:
H. B. 2254 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5, all relating to abortions generally and requiring notice of an abortion to be provided to the father of the unborn child"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 2255 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15F-1, §33-15F-2, §33-15F-3 and §33-15F-4, all relating to the 'Mandated Benefits Review Act'; and requiring the Insurance Commissioner to review and report to the Legislature in an actuarially-based fashion the financial and other related impacts of any proposed legislation to mandate medical or health-related benefits"; to the Committee on Health and Human Resources then Government Organization.
By Delegate Walters:
H. B. 2256 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to exempting students attending state colleges or universities in undergraduate programs and graduates of undergraduate programs of state institutions of higher learning for the first two tax years postgraduation from the payment of state income tax; providing that students attending state institutions and enrolled in undergraduate programs and undergraduate graduates of state institutions for the first two years after graduating shall pay seventy-five percent of any state income tax that they otherwise would owe to the particular institution or other corporate creditor from which the student or graduate obtained student loans to attend the state institution of higher learning"; to the Committee on Education then Finance.
By Delegate Walters:
H. B. 2257 - "A Bill to amend and reenact §16-2B-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Paxton:
H. B. 2258 - "A Bill to amend and reenact §18A-4-7 of the Code of West Virginia, 1931, as amended, relating to substitute teacher pay generally and providing for the full day rate if the teacher had ten instruction days in the same school year"; to the Committee on Education then Finance.
By Delegate Craig:
H. B. 2259 - "A Bill to amend and reenact §22A-1-1 and §22A-1-31 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22A-12-1, §22A-12-2, §22A-12-3, §22A-12-4, §22A-12-5, §22A-12-6, §22A-12-7, §22A-12-8, §22A-12-9, §22A-12-10, §22A-12-11, §22A-12-12, §22A-12-13 and §22A-12-14; and to amend and reenact §23-4-2 of said code, all relating generally to the creation and implementation of drug-free workplaces in coal mines; requiring Office of Miners' Health Safety and Training to ensure drug-free workplaces in the mining industry; adopting procedures for the suspension or revocation of miners' certification upon proof of confirmed positive drug tests; requiring breach of duty hearings to be held within twenty days; establishing process and conditions for reissuance of miners' certification; authorizing Director of Office of Miners' Health Safety and Training to require all operators to adopt drug-free workplaces programs at coal mines; assessment of fee for costs; requiring employers to pay for cost of drug tests for employees; providing for definitions; requiring all companies providing safety-sensitive services to mine operators to have drug-free workplace program for certain employees; providing immunity from wrongful discharge lawsuits for employers who implement program; implementing process for drug testing and appellate procedure; permitting the Office of Miners' Health Safety and Training to require drug and alcohol test in serious mine accidents of certain persons; requiring alcohol and drug tests on all mine fatalities; requiring applicants for additional certifications to be certified drug free; ensuring substance abuse training; requiring minimum level of alcohol and substance abuse training and proof of being drug and alcohol free for certification; requiring proof of drug and alcohol free for applicants as apprenticeship miner or miner certification; requiring Office of Miners' Health Safety and Training to provide drug testing program for apprentices; providing for cost reimbursement or acceptance of results of certain other drug tests; providing for confidentiality of drug test results and exemption from the West Virginia Freedom of Information Act; allowing for release by consent or compulsion by court order; establishing relevancy to legal claim asserted by applicant; prohibiting use of results in criminal proceedings against applicant; requiring substance abuse awareness training for emergency medical services personnel in mines; providing for severability; and modifying rights of certain employees to receive indemnity benefits and common law right to sue where accident proximately caused by employee's intoxication"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Spencer:
H. B. 2260 - "A Bill to amend and reenact §3-3-7 of the Code of West Virginia, 1931, as amended, relating to authorizing governing bodies of municipalities and county commissions to transfer early in-person voting ballots to precincts in the manner absentee ballots are delivered"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Caputo:
H. B. 2261 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting from state personal income tax obligations all monetary benefits derived from Division of Natural Resources conservation officers' retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegate Shook:
H. B. 2262 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-33, relating to crimes against public policy; and making it a misdemeanor to file a frivolous lawsuit"; to the Committee on the Judiciary.
By Delegate Carmichael:
H. B. 2263 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring medical practitioners who perform abortions to estimate the gestational age of the fetus by using ultrasound analysis and measurement; prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Caputo:
H. B. 2264 - "A Bill to amend and reenact §22A-1-9 of the Code of West Virginia, 1931, as amended, relating to the office of Miners' Health Safety and Training; requiring the employment of diesel inspectors"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegate Shook:
H. B. 2265 - "A Bill to amend and reenact §24-3-5 of the Code of West Virginia, 1931, as amended, relating to requiring public utilities to file with the clerk of the county commission in each county in which it provides service, or proposes to provide service, copies of all proposed tariffs and all schedules showing all the rates, charges and tolls for service to be rendered by it or by other persons, firms or corporations in connection with it"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Spencer:
H. B. 2266 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1 and §15-12A-2, all relating to creating a registry of persons convicted of operating a clandestine drug laboratory; designating certain information to be contained on the registry; directing the Criminal Identification Bureau of the State Police to create a website using descriptive terms for the public to access relative to the information in the registry; and requiring the Superintendent of the State Police to propose rules to implement the provisions of the article"; to the Committee on the Judiciary then Finance.
By Delegate Doyle:
H. B. 2267 - "A Bill to repeal §7-1-3nn of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-1-3mm of said code, all relating to permitting county commissions to establish a program for transfer of development rights without the requirement of a county election"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Williams:
H. B. 2268 - "A Bill to amend and reenact §32A-3-1 of the Code of West Virginia, 1931, as amended, relating to modifying the check cashing service fee making it consistent with the national average"; to the Committee on the Judiciary.
By Delegate Campbell:
H. B. 2269 - "A Bill to amend and reenact §18-20-1 of the Code of West Virginia, 1931, as amended, relating to approval of a student for homebound services and their rights as homebound students"; to the Committee on Education then Finance.
By Delegate Miley:
H. B. 2270 - "A Bill to amend and reenact §61-2-28 of the Code of West Virginia, 1931, as amended, relating to increasing certain penalties for persons convicted of domestic battery and domestic assault including the requirement that they complete an approved batterers' course"; to the Committee on the Judiciary.
By Delegate Paxton:
H. B. 2271 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8b of the Code of West Virginia, 1931, as amended, all relating to itinerant status for school service personnel; and information to be included in a notice of job vacancy"; to the Committee on Education.
By Delegate Boggs:
H. B. 2272 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5, §21-5G-6 and §21-5G-7, all relating to establishing the Flexible Leave Act; definitions; application; use of leave with pay earned; prohibited acts; and affect on leave granted under the Federal Family and Medical Leave Act of 1993"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Hutchins:
H. B. 2273 - "A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to suspension of drivers license for certain offenses if committed by college students; and permitting temporary license allowing driving to and from college and classes"; to the Committee on Education then the Judiciary.
By Delegate Shook:
H. B. 2274 - "A Bill to amend and reenact §11-15-18b of the Code of West Virginia, 1931, as amended, relating to the distribution of the State Treasurer's 'Road Fund'"; to the Committee on Finance.
By Delegate Azinger:
H. B. 2275 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to regulating telemarketing for quasi-state agencies"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2276 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to allowing income deduction for tax purposes for gifts to West Virginia charities"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2277 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia secondary school activities commission; and requiring rules to provide for use of neck braces by football players"; to the Committee on Education then Finance.
By Delegate Azinger:
H. B. 2278 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to requiring any abortion be performed in a hospital or only by a physician with admitting privileges to a hospital; providing, if not performed in a hospital, anesthesia must be given by a licensed anesthesiologist or licensed certified nurse anesthetist; requiring certain reporting requirements of abortion or reproductive health centers and for license suspension for failure to report; and, providing a basis for professional disciplinary action, injunctive relief, damages and penalties for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Barker:
H. B. 2279 - "A Bill to amend and reenact §61-3-54 of the Code of West Virginia, 1931, as amended, relating to amending the crime of identity theft to provide that it is a felony if a person commits the crime with the intent to commit any other crime"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 2280 - "A Bill to amend and reenact §17A-6-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6B-2 of said code; to amend and reenact §17A-6C-2 of said code; and to amend and reenact §17A-6D-5 of said code, all relating to increasing the required bond for certain businesses regulated by the Division of Motor Vehicles to $50,000"; to the Committee on Finance.
By Delegate Carmichael:
H. B. 2281 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3 and §11-15C-4, all relating to a tax exemption on certain sales of clothing"; to the Committee on Finance.
By Delegate Caputo:
H. B. 2282 - "A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Boggs:
H. B. 2283 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing county tax assessors to choose not to impose the property tax in a county on businesses for property that is business inventory intended for resale"; to the Committee on Political Subdivisions then Finance.
By Delegate Perry:
H. B. 2284 - "A Bill to amend and reenact §18-5-4 and §18-5-5 of the Code of West Virginia, 1931, as amended, all relating to county boards of education generally; providing for disclosure of personal and pecuniary interests and recusal from voting; prohibiting individual board members from acting on behalf of the board in an individual capacity unless authorized by statute; and penalty for violations"; to the Committee on Education then the Judiciary.
By Delegate Caputo:
H. B. 2285 - "A Bill to amend and reenact §22A-2-40 of the Code of West Virginia, 1931, as amended, relating to requiring that permanent and temporary battery charging stations in mines be ventilated directly to the return on a separate split of air"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Caputo:
H. B. 2286 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to allowing a reduction in the adjusted gross income of a taxpayer for contributions to the maintenance and improvement of state, county and municipal parks"; to the Committee on Natural Resources then Finance.
By Delegate Caputo:
H. B. 2287 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to crediting deceased teachers' surviving spouses with accumulated sick leave for purposes of extending insurance coverage; and, providing that if the spouse or other dependents are not covered by public employees' insurance, the spouse or other dependents receive the monetary value of the accumulated sick leave"; to the Committee on Pensions and Retirement then Finance.
By Delegate Azinger:
H. B. 2288 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to changing compulsory school attendance until age eighteen or until the student graduates"; to the Committee Education then the Judiciary.
By Delegate Caputo:
H. B. 2289 - "A Bill to amend and reenact §21A-1A-27 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-6-10 and §21A-6-11 of said code, all relating to changing the amount a person can earn while receiving unemployment compensation benefits, without it changing the benefits received, from $60 a week to forty percent of the person's weekly benefit rate"; to the Committee on the Judiciary then Finance.
By Delegate Talbott:
H. B. 2290 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6F-115, relating to a no telephone solicitation contact (Do Not Call) list being maintained by the Public Service Commission; providing that telephone subscribers and telephone service consumers may pay a modest fee to be placed on the 'Do Not Call' list; providing that the Public Service Commission create the 'No Call' list for sale to telemarketers; and civil penalties for violations of this new section"; to the Committee on Government Organization then the Judiciary.
By Delegate Azinger:
H. B. 2291 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-18-1, §11-18-2, §11-18-3, §11-18-4, §11-18-5, §11-18-6, §11-18-7, §11-18-8, §11-18-9 and §11-18-10, all relating to imposing an excise tax on the sale or rental of obscene materials"; to the Committee on Finance.
By Delegate Argento:
H. B. 2292 - "A Bill to amend and reenact §38-12-1 and §38-12-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §38-12-14, all relating to requiring lien holders to notify the sheriff's office via written instrument and to record a release in the county clerk's office within sixty days after the lien has been satisfied; requiring that the lien be removed from record upon satisfaction; and providing penalties for failure to notify the sheriff and county clerk of satisfaction"; to the Committee on the Judiciary.
By Delegate Boggs:
H. B. 2293 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9d, relating to creating the criminal offense of harassment of a participant of a neighborhood crime watch; defining terms; and providing a criminal penalty"; to the Committee on the Judiciary.
By Delegate Border:
H. B. 2294 - "A Bill to amend and reenact §15-2-24 of the Code of West Virginia, 1931, as amended, relating to fees charged by the Criminal Identification Bureau of the West Virginia State Police for providing certain information to volunteer fire departments"; to the Committee on Government Organization then Finance.
By Delegate Caputo:
H. B. 2295 - "A Bill to amend and reenact §22A-2-46 of the Code of West Virginia, 1931, as amended, relating to requiring a certified person to examine underground mines after cutting and welding has been performed"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Doyle:
H. B. 2296 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-20-3a, relating to empowering certain county and municipalities to deny a development activity if adequate public facilities, assets and services are not available to support the activity; delegation of authority; and expanding the list of capital improvements and services which may be determined to be adequate to include libraries and library services"; to the Committee on Political Subdivisions then Finance.
By Delegate Doyle:
H. B. 2297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-13i; and to amend and reenact §18-5-19 of said code, all relating to education; the State Board of Education; county boards of education; establishing a secure residential school for juvenile status offenders; and providing an alternative school at evening classes or night school for children who are expelled or suspended from regular school classes"; to the Committee on Education then Finance.
By Delegate Michael:
H. B. 2298 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to dangerous weapons generally and allowing Mental Hygiene Commissioners to carry concealed weapons"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2299 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to limiting the purchase of handguns to one gun per month; exempting law-enforcement, correctional facilities and private security companies from the limitation; providing criminal penalties; and exempting antique firearms from the limitation"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2300 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining child support; providing that certain employment-related expenses are excluded from gross income"; to the Committee on the Judiciary.
By Delegate Doyle:
H. B. 2301 - "A Bill to amend and reenact §29-1-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting the demolition of a historic structure prior to a review of and the issuance of a permit for the undertaking by the Commissioner of the Division of Culture and History"; to the Committee on Government Organization.
By Delegates Romine and Schoen:
H. B. 2302
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion when the woman seeking it is doing so solely on account of the gender of the fetus; prescribing a criminal penalty for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Shoen:
H. B. 2303 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-31, relating to allowing pharmacists and other individuals involved in dispensing medicines to refuse to fill prescriptions or dispense any substance that can be used as an abortifacient or that can be used as part of an abortion-related procedure; providing employee protection; and providing criminal penalty"; to the Committee on Finance.
By Delegates Perdue and Mahan:
H. B. 2304 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to personal property taxes; and exempting from personal property taxation the equipment, inventory and raw materials of crafts people who have had their work evaluated and accepted or juried and accepted by the West Virginia Arts and Crafts Guild or by a similar organization"; to the Committee on Finance.
By Delegates Webster, Wells, Ferro, Miley, Frazier, Schoen, Lane, Wooton, Hunt and Barker:

H. B. 2305 - "A Bill to amend and reenact §51-1-11 of the Code of West Virginia, 1931, as amended, relating to the clerks office of the Supreme Court; and revising appointment and compensation provisions of the clerk and clerks office staff"; to the Committee on the Judiciary.
By Delegates Webster, Michael, Mahan and Kominar:
H. B. 2306 - "
A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931, as amended, relating to the impersonation of a public official or employee"; to the Committee on the Judiciary.
By Delegate Morgan:
H. B. 2307 - "A Bill to amend and reenact §8-13-4 of the Code of West Virginia, 1931, as amended, relating to acquisition of a municipal business license"; to the Committee on Government Organization then Finance.
By Delegates Morgan, Martin, Hartman, Hutchins, Michael, D. Poling, Swartzmiller, Canterbury, Cowles and Schoen:

H. B. 2308 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3 and §15-14-4, all relating to the West Virginia Partnership to Promote Community Well-Being; designating the Partnership as the single state planning authority for substance abuse prevention, intervention and recovery; setting forth powers and duties; establishing a special revenue account; and requesting authorization for Partnership recommendations as to certain federal grants"; to the Committee on Government Organization then Finance.
By Delegates Morgan, Martin, Argento, Beach, Eldridge, Andes and C. Miller:
H. B. 2309 - "A Bill to amend and reenact §30-28-1, §30-28-2, §30-28-3, §30-28-4, §30-28-5, §30-28-6, §30-28-7, §30-28-8, §30-28-9, §30-28-10, §30-28-11, §30-28-12, §30-28-13, §30-28-14, §30-28-15, §30-28-16, §30-28-17 and §30-28-18 of the Code of West Virginia, 1931, as amended, all relating to the practice of occupational therapy; providing definitions; setting forth the scope of practice of occupational therapy; prohibiting practice or use of titles unless licensed; removing the requirement for referral by a physician or other health care practitioner; setting forth supervision requirements for assistants and aides; clarifying qualifications to serve as a board member; providing that board members are not civilly liable for acts or omissions in performance of duties in good faith; setting forth powers and duties of the board; providing exemptions from licensure; clarifying qualifications for licensure; setting forth examination requirements; providing for licensure for applicants from other jurisdictions; clarifying conditions of limited permits and temporary licenses; providing for renewal, suspension and revocation of licenses; providing for refusal to renew licenses; providing for reinstatement of lapsed licenses; setting forth complaint procedures; establishing grounds for disciplinary actions; providing for hearing procedures and rights of appeal; providing rulemaking authority; providing for criminal investigations, proceedings and penalties; and establishing that a single act may constitute evidence of practice"; to the Committee on Government Organization then the Judiciary.
By Delegate Wooton:
H. B. 2310
- "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to allowing county boards of education with low density student populations to operate their schools on a four-day school week"; to the Committee on Finance.
By Delegate Walters:
H. B. 2311 - "
A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to allowing county boards of education with low density student populations to operate their schools on a four-day school week"; to the Committee on Education.
By Delegates Moore, Paxton, Evans and Wells:
H. B. 2312 - "A Bill to amend and reenact §29-27-3 and §29-27-5 of the Code of West Virginia, 1931, as amended, all relating to adding the Commissioner of the Division of Highways as a nonvoting member of the authority board; and authorizing the National Coal Heritage Area Authority to assist in the historical, cultural, recreational and economic development of Coalwood Way and related sites in the Big Creek District of McDowell County"; to the Committee on Government Organization.
By Delegate Ellem:
H. B. 2313 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of the section; and providing nothing in the section that can be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Doyle, Fleischauer, Klempa and Marshall:
H. B. 2314 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to a severance tax imposed on surface mining activities; proceeds dedicated to surface mine reclamation fund"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Barker and Overington:
H. B. 2315 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to eligibility for parole; good conduct and violent behavior"; to the Committee on the Judiciary.
By Delegates Webster, Staggers, Caputo and Perry:
H. B. 2316 - "A Bill to amend and reenact §49-5-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-10 of said code, all relating to unlawful possession of deadly weapons by a minor"; to the Committee on the Judiciary.
By Delegates Sumner and Duke:
H. B. 2317 - "A Bill to amend and reenact §29-22A-8 of the Code of West Virginia, 1931, as amended, relating to establishing an additional annual license fee of $1,000 for the privilege of holding a license to operate video lottery terminals at race tracks; and to provide that the moneys collected are paid to the State Teachers Retirement System Benefit Fund"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya and Klempa:
H. B. 2318 - "A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931, as amended, relating to motorcycle registration renewal; exempting motorcycles from the requirement of annual registration"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Armstead, Anderson and Craig:
H. B. 2319 - "A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4, all relating to the creation of a Sentencing Commission, providing for the appointment, terms and qualifications of members; establishing objectives for the commission; and setting forth certain powers and duties of the commission"; to the Committee on Government Organization then the Judiciary.
`By Delegates Fragale and Martin:
H. B. 2320 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to providing for a modification to federal adjusted gross income for expenses incurred by organ donors"; to the Committee on Finance.
By Delegates Caputo, Longstreth and Manchin:
H. B. 2321 - "A Bill to amend and reenact §11-6D-7 of the Code of West Virginia, 1931, as amended, relating to extending the alternative-fuel motor vehicles tax credit for ten years and making the credit retroactive from the expiration date of the initial credit"; to the Committee on Finance.
By Delegates Williams, Hartman and Shaver:
H. B. 2322 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-11c, relating to authorizing a corporation net income tax credit for reducing charges for home heating fuel and propane gas provided to low-income residents"; to the Committee on Finance.
By Delegate Border:
H. B. 2323 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-15c, relating to public employees receiving credit toward their West Virginia public employee retirement benefits for service in the Peace Corps"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hamilton and M. Poling:
H. B. 2324 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-10-1a, relating to giving abutting landowners of public lands a right of first refusal to lease or buy public lands"; to the Committee on the Judiciary.
By Delegates Manchin and Caputo:
H. B. 2325 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to powers of municipal self government"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Spencer and Carmichael:
H. B. 2326 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to the calendar set by the county board of education for public schools"; to the Committee on Education.
By Delegates Mahan and Moye:
H. B. 2327 - "A Bill to amend and reenact §18-7A-28e of the Code of West Virginia, 1931, as amended, relating to providing cost-of-living benefits to retired teachers funded from the severance tax collections on natural gas"; to the Committee on Education then Finance.
By Delegates Beach, Saver, Fleischauer, Longstreth, Manchin, Caputo and Williams:
H. B. 2328 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to increasing the Public Service Commission appointees from three to five; and requiring one appointee from each congressional district and two at-large appointments"; to the Committee on Government Organization then the Judiciary.
By Delegate C. Miller:
H. B. 2329 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7d, relating to requiring all high schools to teach fetal development; and providing that nothing contained in this section can be construed as approving of abortion"; to the Committee on Education then the Judiciary.
By Delegates Spencer, Fleischauer, Martin, Hatfield, Paxton and Longstreth:
H. B. 2330 - "A Bill to amend and reenact §18B-7-1 of the Code of West Virginia, 1931, as amended, relating to full-time classified personnel workforce reduction at state institutions of higher education on the basis of seniority"; to the Committee on Education.
By Delegate Michael:
H. B. 2331 - "A Bill to amend and reenact §18A-3-1 of the Code of West Virginia, 1931, as amended, relating to teacher certification"; to the Committee on Education.
By Delegate Rodighiero:
H. B. 2332 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended, relating to providing state health care services for all active and inactive duty military personnel"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Duke and Overington:
H. B. 2333 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-1-4a, relating to collection of county fire service fees and special emergency ambulance service fee"; to the Committee on Political Subdivisions then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2334 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to public employees' retirement; relating to members' reemployment after retirement; and providing for restrictions for holders of elected public office"; to the Committee on Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2335 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-7c, relating to the federal 'Yellow Ribbon G.I. Education Enhancement Program'; requiring state institutions of higher education to participate in the program; and requiring state institutions of higher education to enter into agreements with the United States Secretary of Veterans Affairs to provide matching contributions toward the cost of tuition and mandatory fees not otherwise covered under the Post-9/11 Veterans Educational Assistance Act of 2008"; to the Committee on Education then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2336 - "A Bill to amend and reenact §21A-5-10a of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-6-10 of said code, all relating generally to unemployment compensation and the unemployment compensation trust fund; providing for a temporary solvency assessment if the balance of the fund falls below certain funded levels; providing for removal of the temporary solvency assessment; and providing that the maximum weekly benefit rate shall not increase or decrease while temporary solvency assessments are being imposed"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
Mr. Speaker, Mr. Thompson, and Delegate Armstead
By Request of the Executive:
H. B. 2337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to a nonbase building salary enhancement for state employees; authorizing the Governor to provide for salary enhancements by executive order; providing for the allocation of salary enhancement moneys; and providing for disbursement of the salary enhancement"; to the Committee on Government Organization then Finance.
Miscellaneous Business

Delegate Armstead addressed the House regarding the 200th birthday of Abraham Lincoln and at the conclusion of his remarks, Delegate Border asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 13, 2009.



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