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House Journal


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


__________*__________


Wednesday, April 1, 2009

FIFTIETH DAY

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


The House of Delegates met at 10:00 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 Tuesday, March 31, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
* * * * * * * * * * * * * * *

Delegate Caputo noted to the membership the current medical status of the House Sergeant- at-Arms, the Honorable Oce Smith, stating that Mr. Smith had undergone reparative surgery during last evening and further stated that the attending physicians were cautiously optimistic.
* * * * * * * * * * * * * * *

Committee Reports

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 284, Relating to Viatical Settlements Act,

And,
S. B. 445, Removing conservation supervisors' election certification requirements,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 487, Relating to Division of Personnel Director's qualifications,
S. B. 572, Repealing section creating Public Employee Leave Benefit Analysis Board,
S. B. 587, Repealing section creating State Personnel Advisory Council,
And,
S. B. 588, Repealing section creating Public Insurance Agency Advisory Board,
And reports the same back with the recommendation that they each do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 384, Authorizing Department of Transportation take control of certain highway emergencies,
And,
S. B. 473, Clarifying civil service job posting provisions,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 526, Relating to osteopathy post-doctoral training requirements,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
Com. Sub. for S. B. 277, Requiring Tax Commissioner create single dwelling residential housing index,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 277) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 335) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 262, Removing prohibition against using county's General Revenue Fund for historic preservation,
Com. Sub. for S. B. 328, Creating WV Transportation Finance Commission,
And,
S. B. 466, Clarifying Division of Personnel's functions,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (S. B. 262, Com. Sub. for S. B. 328 and S. B. 466) were each referred to the Committee on Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 419 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority"; which was referred to the Committee on Health and Human Resources then Government Organization.
Special Calendar

Third Reading

Com. Sub. for H. B. 2170, Authorizing the Department of Commerce to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 196), and there were--yeas 77, nays 15, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Border, Cowles, Ireland, Lane, C. Miller, Overington, Porter, Rowan, Schoen, Sobonya, Sumner and Walters.
Absent and Not Voting: Craig, Doyle, Eldridge, Hutchins, McGeehan, Michael, Shook and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2170) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 197), and there were--yeas 82, nays 10, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Blair, Border, C. Miller, Porter, Schoen, Sobonya, Sumner and Walters.
Absent and Not Voting: Craig, Doyle, Eldridge, Hutchins, McGeehan, Michael, Shook and Wooton.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2170) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2819, Authorizing miscellaneous agencies and boards to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
Delegate Campbell requested to be excused from voting on the passage of Com. Sub. for H. B. 2819 under the provisions of House Rule 49 stating he was a certified public account.
Delegate Schoen and Delegate Hamiltonl requested to be excused from voting on the passage of Com. Sub. for H. B. 2819 under the provisions of House Rule 49 stating that their spouses were certified public accountants.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 198), and there were--yeas 85, nays 9, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Border, Carmichael, Lane, Porter, Shott and Walters.
Absent And Not Voting: Craig, Doyle, Eldridge, Hutchins, McGeehan and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2819) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 199), and there were--yeas 88, nays 6, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Porter, Shott and Walters.
Absent And Not Voting: Craig, Doyle, Eldridge, Hutchins, McGeehan and Wooton.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2819) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2868, West Virginia Children with Autism Trust Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 200), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Doyle, Hutchins and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2868) passed.
Com. Sub. for H. B. 3314, Relating to concealed handgun licensing; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 201), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Doyle and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3314) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2695, Providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 202), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Doyle and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2695) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2781, Providing a tax credit to sawmills that become certified in the Leadership in Energy and Environmental Design Green Building Rating System on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 203), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2781) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2860, Regulating the sequestration and storage of carbon dioxide; on third reading, coming up in regular order, was read a third time.
Delegate Armstead requested to be excused from voting on the passage of Com. Sub. for S. B. 2860 under the provisions of House Rule 49.
The Speaker refused to excuse Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 204), and there were--yeas 80, nays 18, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Border, Carmichael, Cowles, Duke, Ennis, Lane, Louisos, C. Miller, J. Miller, Porter, Rowan, Schadler, Sobonya and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2860) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2961, Adding two members to the institutional boards of governors of West Virginia University and Marshall University based upon race, gender and ethnicity; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 205), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cann, Cowles, C. Miller and Sobonya.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2961) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3017, Exempting from the consumers sales and service tax and use tax any sales of donated clothing or clothing accessories; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 206), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3017) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3134, Municipal vote by mail pilot program; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 207), and there were--yeas 74, nays 24, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Blair, Border, Carmichael, Cowles, Duke, Ellem, Hamilton, Ireland, Lane, Louisos, C. Miller, J. Miller, Moye, Porter, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3134) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3051, Providing veterans' death certificates to families and funeral directors at no cost; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 208), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3051) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3120, Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 209), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3120) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3337, Relating to the regulation and control of elections; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 210), and there were--yeas 75, nays 23, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Carmichael, Cowles, Duke, Evans, Ireland, Lane, Michael, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3337) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 3190, Allowing the purchase of service credit for those emergency services officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 211), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3190) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3275, Changing the date through which governmental entities are required to purchase workers' compensation; on third reading, coming up in regular order, was, at the request of Delegate Boggs, and by unanimous consent, moved to the foot of bills on third reading.
Com. Sub. for H. B. 2686, Requiring ten minute rest periods for employees during each four hours of work; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 212), and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Carmichael, Cowles, Ireland, J. Miller, Overington and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2686) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Miscellaneous Business

Delegate Mahan asked and obtained unanimous consent that the remarks of Delegate Webster regarding H. B. 3337, Relating to the regulation and control of elections, be printed in the Appendix to the Journal.
Delegate Doyle announced that he was absent when the votes were taken on Roll Nos. 196 through 202, and that had he been present, he would have voted "Yea" thereon.
Delegate Eldridge announced that he was absent when the votes were taken on Roll Nos. 196 through 199, and that had he been present, he would have voted "Yea" thereon.
Delegate Hutchins announced that he was absent when the votes were taken on Roll Nos. 196 through 200, and that had he been present, he would have voted "Yea" thereon.
At 11:40 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 1:30 p.m., and reconvened at that time.
* * * * * **

Afternoon Session

* * * * * * *

Reordering of the Calendar

Delegate Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B. 3000, Relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines; on third reading, Special Calendar, to the House Calendar.
Special Calendar

-Continued-

H. B. 2868, West Virginia Children with Autism Trust Act, still being in possession of the Clerk, was taken up for further consideration.
An amendment to the title of the bill, recommended by the Committee on Finance, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2868 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i; and amending said code by adding thereto a new article, designated §44-16-1, §44-16-2, §44-16-3, §44-16-4, §44-16-5, §44-16-6, §44-16-7, §44-16-8 and §44-16-9, all relating to the creation and maintenance of the West Virginia Children With Autism Trust Fund; creating a tax credit for parents and guardians contributing to a qualified trust fund against personal income tax obligations; providing for the limited carryover of unused tax credits; providing for the tax effects of earnings, proceeds and distributions for qualifying trust funds; making legislative findings; establishing legislative purposes; definitions; providing for the creation of trust fund; establishing eligibility criteria; providing mechanism for disbursements and maintenance; creating administrative account; providing for administration through the State Treasurer; providing for establishment of advisory board; membership of board; establishing reporting requirements; providing rule-making authority".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Boggs then asked and obtained unanimous consent that the House of Delegates proceed to consideration of Com. Sub. for H. B. 3275, Changing the date through which governmental entities are required to purchase workers' compensation.
Having been postponed in earlier proceedings, Com. Sub. for H. B. 3275 was then taken up and read a third time.
Delegates Kominar, Hamilton, Ashley and Walters requested to be excused from voting on the passage of H. B. 3275, under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein and further stated that he himself would vote on the passage of the bill.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 213), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3275) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3276, Amending the professional surveyors act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 214), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3276) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 215), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3276) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3278, Relating to the life and health insurance guaranty association; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 216), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3278) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3305, Relating to the powers and duties of probation officers; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 217), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3305) passed.
On motion of Delegate Webster, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 3305 - "A Bill to amend and reenact §62-12-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of probation officers; authorizing probation officers to arrest persons who violate conditions of probation or supervised release; eliminating the authority of probation officers to collect money; eliminating the requirement that probation officers post bond; and specifying the manner in which probation officers may exercise the power to arrest probationers and persons under their supervision."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2832, Relating to critical skills evaluations for students in grades three and eight; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 218), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2832) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 219), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2832) takes effect July 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3313, Allowing depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 220), and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Duke, Ellem, Ireland, Lane, C. Miller, Schoen, Sobonya and Sumner.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3313) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2788, Protecting incapacitated adults from abuse or neglect by a care giver; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 221), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2788) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for H. B. 2788 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-2-29a, all relating to a care giver causing financial harm or physical injury to an incapacitated adult; defining terms; establishing and revising criminal penalties for neglect and abuse causing injury and serious injury to an incapacitated adult; and revising current penalties for misappropriation or misuse of funds or assets of an incapacitated adult."
Ordered, That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Com. Sub. for H. B. 3339, Facilitating the complete closure of the Gwinn, otherwise known as the Midwest Services Landfill, located in Summers County; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 222), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3339) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 223), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3339) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2359, Defining "spelunking" as a recreational purpose and activity for which a landowner; which liability for injury is limited; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 224), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2359) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3022, Creating a medical home health care plan for uninsured adults; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 225), and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, Michael, J. Miller, Overington and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3022) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2894, Establishing tax credits for personal and commercial users of the West Virginia Turnpike; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.
Delegate Shott asked and obtained unanimous consent that his two amendments, heretofore prefiled with the Clerk, be withdrawn.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 226), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2894) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3036, Relating to notice and publication requirements for expungement petitions; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 227), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3036) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3057, Requiring all law-enforcement agencies to certify qualified law-enforcement officers to carry concealed firearms; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 228), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3057) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2723, Authorizing liens by municipalities and requiring administrative procedures for the assessment and collection of delinquent municipal fees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 229), and there were--yeas 88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Blair, Border, Cowles, Ireland, Lane, Louisos, J. Miller, Porter and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2723) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3240, Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 230), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3240) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3195, Establishing a funding mechanism for state aid for local health departments; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 231), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3195) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 232), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3195) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2457, Requiring group insurance companies and third party administrators to furnish claims experience to policyholders; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2457) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2114, Providing a penalty for employers failing to withhold an employee's income for child support obligations; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 234), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2114) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2986, Imposing a tax of $50 on the transfer of real estate valued at $25,000 or more within the incorporated limits of any municipality; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 235), and there were--yeas 68, nays 30, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Butcher, Canterbury, Carmichael, Cowles, Duke, Eldridge, Ellem, Ennis, Evans, Ireland, Lane, Louisos, C. Miller, J. Miller, Overington, Porter, Rodighiero, Schadler, Schoen, Sobonya, Stowers, Sumner and Walters.
Absent And Not Voting: Craig and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2986) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
At 2:40 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m., and reconvened at that time.
* * * * * * *

Afternoon Session

* * * * * * *

Special Calendar

-Continued-


H. B. 3079, Changing the definition of "health care provider" and "drug" for the purpose of consumers sales tax, and exempting from the consumers sales tax drugs purchased by veterinarians to be dispensed by prescription for the treatment of animals; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 236), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Craig, Hamilton, McGeehan, Romine, Tabb and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3079) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2981, Relating to primary elections and nominating procedures of third-party candidates; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 237), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Iaquinta and Lane.
Absent And Not Voting: Ashley, Craig, Hamilton, McGeehan, Romine and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2981) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 3098, Relating to the payment of travel expenses of workers' compensation claimants; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 238), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes.
Absent And Not Voting: Ashley, Craig, Hamilton, McGeehan and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3098) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2388, Expanding the membership of the Racing Commission and reorganizing the administrative functions; on third reading, coming up in regular order, was read a third time.
Delegate Lawrence requested to be excused from voting on the passage of Com. Sub. for H. B. 2388 under the provisions of House Rule 49.
The Speaker refused to excuse the Lady from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she demonstrated no direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 239), and there were--yeas 81, nays 15, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Border, Canterbury, Carmichael, Eldridge, Ellem, Lane, Louisos, Moye, Porter, Spencer, Sumner and Walters.
Absent And Not Voting: Craig, Hamilton, McGeehan and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2388) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 240), and there were--yeas 93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Border, Louisos, Porter and Sumner.
Absent And Not Voting: Craig, McGeehan and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2388) takes effect July 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for S. B. 263, Disclosing certain inmates' personal communications,
Com. Sub. for S. B. 307, Creating Maternal Screening Act,
Com. Sub. for S. B. 321, Modifying certificate of need process,
Com. Sub. for S. B. 341, Transferring juvenile justice database administration to Supreme Court,
S. B. 346, Correcting code reference related to bear tagging,
S. B. 436, Updating terminology relating to surface mining reporting requirements,
And,
Com. Sub. for S. B. 453, Relating to Public Service Commission service of decisions.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 17 - "A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical amendments"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 63 - "A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931, as amended, relating to increasing the amount from the State Excess Lottery Revenue Fund that is deposited each fiscal year into the Higher Education Improvement Fund for higher education from $10 million to $15 million"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 78 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to extending the time period for obtaining the minimum number of applications for a special registration plate for members of the West Virginia Bar Association; authorizing the Division of Motor Vehicles to create and issue a Patriot Guard Riders license plate for passenger vehicles and motorcycles; authorizing the division to create and issue a special registration plate bearing the inscription 'In God We Trust'; authorizing the division to create and issue a special license plate for registered nurses and licensed practical nurses; authorizing the division to create and issue a special license plate for volunteer firefighters; and assessing a special initial application fee and a special annual fee for the license plates"; which was referred to the Committee on Roads and Transportation then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 84 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to municipalities; and authorizing by ordinance, certain veterans to park free"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 227 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Committee and as amended by the Legislature; repealing a certain legislative rule; disapproving a certain legislative rule; authorizing the State Tax Department to repeal a legislative rule relating to valuation of intangible personal property including stock accounts receivable and stock in banks and capital of savings and loan associations; authorizing the State Tax Department to promulgate a legislative rule relating to combined returns pursuant to an investigation by the Tax Commissioner; authorizing the State Tax Department to promulgate a legislative rule relating to the film industry investment tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to electronic filing and payment of special district excise tax; 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; not 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; authorizing the Insurance Commissioner to promulgate a legislative rule relating to coordination of health benefits; authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum; authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the Insurance Commissioner to promulgate a legislative rule relating to viatical settlements; authorizing the Insurance Commissioner to promulgate a legislative rule relating to discount medical plan organizations and discount prescription drug plan organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values; and authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 246 - "A Bill to amend and reenact §21A-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §21A-1A-5, §21A-1A-6, §21A-1A-7 and §21A- 1A-28 of said code; to amend and reenact §21A-5-10a of said code; and to amend and reenact §21A- 6-1, §21A-6-3 and §21A-6-10 of said code, all relating generally to unemployment compensation; requiring establishment of employer violator system; providing for notice and due process; defining certain terms; creating a temporary solvency assessment; 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; requiring written notice to employers when assessment will be collected and terminated; providing for collection of delinquencies and penalties; providing that the maximum weekly benefit rate shall not increase or decrease while temporary solvency assessments are being imposed; providing for an alternative base wage and authorizing benefits thereunder; requiring notice to employer when employee quits for health reasons; requiring written certification from physician within thirty days; classifying certain conduct as gross misconduct; defining lockout and strike; and providing that an employee who voluntarily retires is not eligible for unemployment"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 257
- "A Bill to amend and reenact §18-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-5-1d, all relating to a nonvoting student member position on each county board of education; eligibility requirements; term; appointment or election in accordance with board rules; exemption from certain member requirements; participation in meetings; representing the board at public functions; provision of meeting materials; allowance for expenses; prohibiting compensation; an removal in accordance with board rules"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 258
- "A Bill to amend and reenact §11-8-26 of the Code of West Virginia, 1931, as amended, relating to unlawful expenditures by a local fiscal body; and clarifying that a local fiscal body or its duly authorized officials shall not be penalized for certain deficits relating to the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fund and annual required employer contributions"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 271 - "A Bill to amend and reenact §3-5-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-4a of said code, all relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 274 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c; and to amend and reenact §18-9d-3 and §18- 9d-15 of said code, all relating to allowing a county board of education to enter into lease-purchase agreements; and allowing the School Building Authority to provide one-time grants to a county board of education for the purpose of entering into lease-purchase agreement for the construction of school facilities"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 278
- "A Bill to amend and reenact §33-15E-15 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of collecting fees for a discount medical plan or discount prescription drug plan and knowingly and willfully failing to provide benefits of the plan; providing for an alternate sentence upon conviction of the felony offense; and permitting the cumulation of values of fees or premiums when the person fails to provide benefit as part of a common scheme or plan"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 297 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24- 2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11, §24-2F-12 and §24-2F-13, all relating to an alternative and renewable energy portfolio standard; setting forth legislative findings; defining terms; establishing standards for the sale of electricity generated from alternative and renewable energy resources; providing for compliance assessments; creating a system of tradeable alternative and renewable energy resource credits; providing for the awarding of credits based upon electricity generated from alternative and renewable energy resource facilities; providing for the awarding of credits for certain greenhouse emissions reduction and offset projects; providing for the awarding of credits for certain energy efficiency and demand-side energy initiative projects; requiring application to the Public Service Commission for approval of alternative and renewable energy portfolio standard compliance plans; setting forth minimum requirements for compliance plan applications; requiring Public Service Commission approval of compliance plan applications; requiring annual progress reports; providing for incentive rate making for investments in new alternative and renewable energy resource facilities in West Virginia; requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards; authorizing the Public Service Commission to enter into interagency agreements to meet its requirements under this article; requiring an ongoing assessment of alternative and renewable energy resources in West Virginia; authorizing Public Service Commission to adopt portfolio standards for certain electric cooperatives and other electric facilities or utilities; establishing the Alternative and Renewable Energy Resources Research Fund; providing for the awarding of matching grants for certain research projects; declaring severability; and authorizing the Public Service Commission to promulgate rules"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 373
- "A Bill to amend and reenact §18C-1-1 and §18C-1-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18C-7-3, §18C-7-4, §18C-7-5, §18C-7- 6, §18C-7-7 and §18C-7-8 of said code; and to amend and reenact §29-22-18a of said code, all relating to student financial aid resources and programs; reconstituting the Higher Education Student Financial Aid Advisory Board; providing for member appointments; setting forth member qualifications and terms of office; setting forth duties of the advisory board; dissolving the PROMISE Scholarship Board and transferring its powers and duties to the Higher Education Policy Commission; authorizing investment of certain funds with the West Virginia Investment Management Board; raising by two percent the aggregate percentage amount the Legislature may allocate to the West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) scholarship program; setting as the minimum amount of the PROMISE scholarship annual award the lesser of the cost of tuition at a state institution of higher education or $4,750 and authorizing the Higher Education Policy Commission to provide annual awards greater than $4,750 under certain circumstances if funds are available; providing conditions under which PROMISE scholarship annual awards are continued to certain students under certain circumstances; clarifying that a PROMISE scholarship may supplement certain tuition and fee waivers; authorizing the Higher Education Policy Commission to promulgate rules; and increasing funding allocated from the State Excess Lottery Revenue Fund by $2 million"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 378 - "A Bill to amend and reenact §61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to concealed handgun licensing generally; clarifying scope of license; allowing license to remain valid during pendency of reissuance application; removing requirement that a license contain social security number; limiting access to license records; honoring reciprocity agreements with other states regarding concealed handgun licenses; removing requirement that licensee of other issuing state must be a resident of the issuing state; and requiring that licensing standards of reciprocating state be similar to or greater than standards of this state"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 398 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to imposing certain restrictions on a graduated driver's license to increase public safety; and imposing criminal penalties for violations of this section"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 414 - "A Bill to repeal §5-16-7b of the Code of West Virginia, 1931, as amended; to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9 and §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; to amend and reenact §5F-2-5 of said code; to amend and reenact §16-2J-2 of said code; to amend said code by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5; to amend and reenact §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of said code; and to amend said code by adding thereto sixteen new sections, designated §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9, §16-29H-10, §16- 29H-11, §16-29H-12, §16-29H-13, §16-29H-14, §16-29H-15, §16-29H-16, §16-29H-17, §16-29H- 18, §16-29H-19, §16-29H-20 and §16-29H-21, all relating generally to the creation of the Governor's Office of Health Enhancement and Lifestyle Planning; setting forth legislative findings; setting forth the powers and duties of the office; transferring the powers and duties of the Pharmaceutical Cost Management Council to the office; creating the position of director; setting forth the qualifications of the director; setting forth the powers and duties of the director; providing for staff; requiring the development of a five-year strategic plan; providing for legislative rule-making authority; providing for coordination with various state agencies, departments, boards, bureaus and commissions; requiring reporting to the Governor and the Legislature; establishing pilot projects for patient-centered medical homes; setting forth legislative findings; defining terms; evaluating existing medical home pilot programs; establishing criteria for pilot projects for patient- centered medical homes; defining four types of pilot projects; setting forth evaluation criteria; and granting rule-making authority"; which was referred to the Committee on Health and Human Resources then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 434 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-8a, relating to training of insurance producers selling long-term care products; setting minimum standards for long-term care training; and mandating that certain records be retained by companies"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and request the concurrence of the House of Delegates in the passage, of
S. B. 435
- "A Bill to amend and reenact §18B-3D-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-3D-6, all relating to establishing the Learn and Earn Cooperative Education Program; authorizing expenditure of certain funds; defining eligibility to receive funding; setting terms for required cash match; and requiring legislative and emergency rules"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 440 - "A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended, relating to giving county litter control officers the authority to issue citations for failure to prove proper disposal of trash and creating, contributing to or allowing an open dump"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 451 - "A Bill to amend and reenact §14-2A-3 and §14-2A-14 of the Code of West Virginia, 1931, as amended, all relating generally to compensation awards to victims of crimes; expanding the definition of 'criminally injurious conduct'; increasing allowable victim relocation costs; allowing payment for reasonable travel expenses for the transportation of a victim to or from a medical facility; increasing the amount that may be paid to a victim and to all other claimants sustaining economic loss because of injury to that victim; and removing the provision that prohibits the voluntary intoxication of a victim from being defense against the estate of a deceased victim"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 481
- "A Bill to amend and reenact §5-16-12a of the Code of West Virginia, 1931, as amended, relating to the requirement that employers provide reasonable documentation to the Director of the Public Employees Insurance Agency"; which was referred to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 485 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4a; and to amend and reenact §18-28-6 of said code, all relating to requiring all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to provide adequate proof of having undergone a dental examination by a licensed dentist"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 498 - "A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §49-2E-1, §49-2E-2, §49-2E-3, §49-2E-4, §49-2E-5, §49-2E-6, §49-2E-7, §49-2E-8, §49-2E-9 and §49-2E-10, all relating to early childhood development; early childhood education; findings; early childhood education program providers; use of existing sources; county collaborative plans; annual submission for approval; creating a review board for the purpose of receiving complaints from community-based programs; changes to an approved county collaborative plan; implementation waiver; reports to Legislative Oversight Commission on Education Accountability and Joint Committee on Government and Finance; enrolling students less than four years of age; State Board of Education rule; community-based programs ceasing to provide services; community-based programs choosing to provide services after initially electing not to; waiver of annual plan submission requirement; quality rating and improvement system applicable to certain child care providers; findings, purpose and intent; Secretary of Department of Health and Human Resources rules; pilot projects; quality rating and improvement system advisory council; statewide implementation; potential gradual implementation; components of quality rating and improvement system; conditioning requirements on legislative appropriation or other funding; program standards; tiers of quality; review, reduction, suspension or disqualification; accountability measures; evaluations; practitioner and outreach support; parent education and public awareness; financial incentives; wage supports and benefits; subsidizing for services to low-income families; scholarships; professional development plans; grants; internet-based management information system; financial assistance for child care consumers; and ongoing quality rating and improvement system evaluation."; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 534 - "A Bill to amend and reenact §5A-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-7-11 of said code, all relating to the Chief Technology Officer; exempting the State Police from providing information to the Chief Technology Officer; authorizing the Chief Technology Officer to receive confidential records and have access to a state agency's database containing confidential information; requiring the information be safeguarded; and penalties"; which was referred to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 556
- "A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to providing that if a licensee has been notified of a pending thirty-day driver's license suspension based on the accumulation of twelve or thirteen points, the licensee may submit proof of completion of an approved defensive driving course to deduct three points and rescind the pending license suspension"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 592 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating generally to health care provider tax"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 600 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to continuing and reimposing the special reclamation tax on clean coal mined; providing for legislative review of the tax every five years; and taking out the additional tax on clean coal"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 631 - "A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to the cancellation of an insurance policy for failure of consideration to be paid by the insured upon initial issuance of the insurance policy; requiring written notice to insured; and exceptions"; which was referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to liability of physicians who render services to youth camps and programs; limiting liability; and providing exceptions"; which was referred to the Committee on Health and Human Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 635
- "A Bill to repeal §18-2E-5c of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-4 of said code; and to amend and reenact §18-2E-5 of said code, all relating to education generally; Vision 20/20: An Education Blueprint for 2020; findings; definitions; requiring the State Board of Education incorporate Vision 20/20 in a rule; policy- oriented objectives; performance-oriented objectives; and the Process for Improving Education Council"; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 638 - "A Bill to repeal §18-23-1, §18-23-2, §18-23-3, §18-23-4, §18-23- 5, §18-23-13, §18-23-14, §18-23-15, §18-23-18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-14-3, §18B-14-4, §18B- 14-5, §18B-14-5a, §18b-14-6 and §18B-14-7 of said code; to amend and reenact §5-6-4a of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of said code; to amend and reenact §18B-10-8 of said code; to amend said code by adding thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18; and to amend and reenact §29-22-18 of said code, all relating to higher education capital facilities; capital project planning, financing, management and maintenance; acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property; construction and operation of capital facilities; collection and use of certain capital fees; establishing in the State Treasury a special revenue fund known as the Higher Education Policy Commission Capital Improvement Fund; directing the use of certain lottery proceeds; establishing in the State Treasury a capital maintenance fund for each state institution of higher education; legislative intent; defined terms; systemwide facilities planning; and institution facilities planning"; which was referred to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 639 - "A Bill to repeal §5A-8-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-8-15 of said code, relating to public records management and preservation; removing references to disposing of records by means other than destroying the records; requiring a minimum allocation of funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access and preservation purposes; terminating the Records Management and Preservation Advisory Committee; and transferring functions of the advisory committee to the Records Management and Preservation Board"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 641 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-4b, relating generally to disclosures regarding the origin of solid wastes deposited in commercial landfills and transfer stations in this state; requiring the operator-driver of every solid waste motor carrier who deposits solid waste in a commercial landfill or transfer station to declare in writing, under oath, and to provide to certain entities, the name of the county and state of origin of the solid waste being deposited at the commercial landfill or transfer station; and providing criminal penalties against an operator-driver or owner of a solid waste motor carrier"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 669
- "A Bill to amend and reenact §16-2J-3 and §16-2J-7 of the Code of West Virginia, 1931, as amended, all relating to extending the Preventative Care Pilot Program (PCPP) for two years under certain conditions; increasing the number of parties the Health Care Authority and the Insurance Commissioner could permit to participate in the PCPP; and providing notice to the parties that prepaid services under the program may not count towards applicable health insurance deductibles"; which was referred to the Committee on Health and Human Resources then Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 671 - "A Bill to amend and reenact §44A-1-7, §44A-1-9, §44A-1-10 and §44A-1-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §44A-2-1, §44A-2-5, §44A-2-6, §44A-2-7, §44A-2-12, §44A-2-13, §44A-2-13a, §44A-2-14 and §44A-2-15 of said code; to amend and reenact §44A-3-11 of said code; and to amend and reenact §44A-4-1 and §44A-4-5 of said code, all relating to the West Virginia Guardianship and Conservatorship Act; clarifying transfer of venue; clarifying the posting of bond by conservators; authorizing the West Virginia Supreme Court of Appeals to coordinate education program and update materials and forms; expanding temporary protective orders to include freezing accounts and producing records; increasing filing fee for guardianship and conservatorship; transferring certain funds to the Supreme Court of Appeals; using additional fee for review of reports and accountings by fiduciary commissioner or other person; clarifying who can access case files; clarifying who is responsible for proper service; clarifying duties and fees of appointed counsel; clarifying when limited conservatorship is needed; clarifying orders of the court and time of entry; authorizing appointment of fiduciary commissioner or other person to review reports; creating a notice of appointment to be filed with the clerk of the county commission; increasing temporary guardianships and conservatorships to six months; clarifying procedure for subsequent petitions; clarifying time frame for reports and accountings; increasing penalties for failure to file reports and accountings; reporting elder abuse; clarifying when appointments terminate; clarifying duties of guardian and conservator subsequent to death of protected person; and making technical corrections"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 680 - "A Bill to repeal §11-14C-48 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-14C-5 of said code, relating to establishing the average wholesale price of motor fuel for the 2010 calendar year for purposes of calculating the rate of motor fuel excise tax"; which was referred to the Committee on Roads and Transportation then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and request the concurrence of the House of Delegates in the passage, of
S. B. 698 -
"A Bill to amend and reenact §16-13D-1, §16-13D-2, §16-13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §16-13D-10a and §16-13D-10b; and to amend and reenact §24-2-3 and §24-2- 4b of said code, all relating to authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to provide for the joint maintenance of its participating public agencies; authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to extend service to unserved customers within its territory; and establishing an ordinance procedure for regional water authorities, regional wastewater authorities and regional water and wastewater authorities"; which was referred to the Committee on Government Organization then Finance.

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 702- "A Bill to amend and reenact §23-2C-15 of the Code of West Virginia, 1931, as amended, relating to workers' compensation insurance; changing the date state and local governmental entities are required to purchase workers' compensation insurance through West Virginia Mutual Insurance Company; and exception"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 714 - "A Bill to amend and reenact §62-11A-1a of the Code of West Virginia, 1931, as amended, relating to sentencing alternatives; and removing authority to probation officers to administer alternative sentencing programs and granting Community Corrections Boards such authority"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 715 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-30, relating to the protection of the Chesapeake Bay Watershed; and nutrient reductions projects"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 718 - "A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to allocating to certain municipalities and counties an increased proportion of the adjusted gross receipts from licensed racetracks with West Virginia Lottery table games and a corresponding decrease in funds transferred to the state when the voters of all the counties that have licensed racetracks have approved that West Virginia Lottery table games are permitted at those licensed racetracks"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 724 - "A Bill to amend and reenact §11-27-16 of the Code of West Virginia, 1931, as amended, relating to the health care provider tax; providing a definition of the term "physicians' services"; and specifying legislative intent as to activities that qualify as physicians' services"; which was referred to the Committee on Health and Human Resources then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 728 - "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, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11, §11-13Z-12, §11-13Z-13 and §11-13Z-14, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for profits attributed to the use of patents directly used in a manufacturing process or product developed in this state or for royalties generated from patents directly used in a manufacturing process or product developed in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction and for severability; providing effective date; and specifying termination date"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 749 - "A Bill to amend and reenact §17C-5-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1a, §17C-5A-2 and §17C-5A-2a of said code, all relating generally to means of reviewing driver's license revocation orders for driving a motor vehicle while under the influence of alcohol, controlled substances or drugs"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 756
- "A Bill to amend and reenact §15-1B-22 of the Code of West Virginia, 1931, as amended, relating to military facilities; security guards' qualifications; duties; and powers"; which was referred to the Committee on Veterans' Affairs and Homeland Security then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
S. B. 766 - "A Bill to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §31-15A-2 and §31-15A-15 of said code; and to amend said code by adding thereto a new section, designated §31-15A-15a, all relating to the procurement of engineering services for sewer and water infrastructure projects funded by the Infrastructure and Jobs Development Council; defining certain terms; prohibiting the state or its subdivisions from contracting with a person or firm to provide engineering services for a project or infrastructure project unless such person or firm has been qualified by the Infrastructure and Jobs Development Council; setting forth a process for the qualification of persons or firms to provide engineering services for projects or infrastructure projects; requiring the state or its subdivisions to notify the Infrastructure and Jobs Development Council of proposed contracts for engineering services; prohibiting the state or its political subdivisions from entering into a contract for engineering services for a project or infrastructure project that has not been approved by the applicable technical review committee; providing for the administration of local sewer and/or water infrastructure projects by regional councils; and providing for legislative rulemaking"; which was referred to the Committee on the Judiciary then Finance.
Miscellaneous Business

Delegate Hamilton announced that he was absent when the votes were taken on Roll Nos. 236 through 239, and that had he been present, he would have voted "Yea" thereon.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Craig and McGeehan.
At 4:24 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, April 2, 2009.

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