hdj2010-03-09-56
__________*__________
Tuesday, March 9, 2010
FIFTY-SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, March 8, 2010, 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 purpose of introduction of resolutions.
Resolutions Introduced
Delegate Schoen offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 103 - "Requesting the Division of Highways to designate the intersection of new
U.S. Route 35 and Hurricane Creek Road the 'Wilma Ellen Hodges Leslie Memorial'."
Whereas, Wilma Ellen Hodges was born on January 24, 1929, in Hurricane West Virginia
to the late Stephen and Marguerite Erwin Hodges; and
Whereas, Wilma Ellen Hodges married Jacob Fredrick Leslie on September 21, 1947, and they shared 45 years and nine children together until Fred's death in 1993; and
Whereas, Wilma and Fred played an important role in the growth of Putnam County when
they started Leslie Lumber Company and began the housing development industry in Putnam County
in the early 1960's. They were responsible for numerous housing developments, including Shawnee
Estates, Riverdale Estates, Woodland Forest, Teays Village, and Woods and Irons, before their
retirement; and
Whereas, Wilma Ellen Hodges Leslie was tragically taken from her loved ones in an
automobile accident on July 4, 2009, at the intersection of new U.S. Route 35 and Hurricane Creek
Road; and
Whereas, Wilma Ellen Hodges Leslie is survived by Marilyn L. Christiani and her husband
Frank of Scottsdale, Arizona, daughter in law Beverly Leslie of Hurricane, Charlotte Leslie of
Charleston, William E. and wife Tina, C. S. "Butch" Leslie and his wife Janet, Robert "Bob" W.
Leslie and his wife Laura all of Winfield, Anita Yeager and her husband Glen of Scott Depot, Debra
L. Chapman and her husband John W. III, of Hurricane and daughter in law Sandra S. Leslie of
Winfield; two of Wilma's sons, John Frederick and Michael Joseph Leslie, proceeded her in death;
and Wilma is survived by twenty-six grandchildren; and
Whereas, Wilma Ellen Hodges Leslie was devoted to her children and family, and had a
unique capacity for making each child or grandchild, sibling, niece, or nephew feel special and loved;
and
Whereas, Wilma Ellen Hodges Leslie was a faithful member of Mt. Vernon Baptist Church;
a Past Worthy Matron and a Charter member of the Buffalo Chapter No 150, Order of the Eastern
Star; a dedicated member of the Putnam County Republican Committee for many years; a charter
member of the Women's Club; a former board member of Shawnee Hills Mental Health Center; and
was instrumental in the movement of education for mentally disabled children in Putnam County;
and
Whereas, It is only fitting and proper that Wilma Ellen Hodges Leslie's many good works and important contributions to Putnam County be remembered and acknowledged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to designate the intersection of new U.S.
Route 35 and Hurricane Creek Road the "Wilma Ellen Hodges Leslie Memorial"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs or other appropriate markers, identifying the intersection as the "Wilma Ellen Hodges Leslie
Memorial"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of Wilma Ellen Hodges Leslie and the Secretary of the Department of
Transportation
Delegates D. Poling, Evans, Ellem, Eldridge, Skaff, Rowan, Guthrie, Hatfield, Wells, Frazier
and Paxton offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 104 - "Requesting that Joint Committee on Government and Finance to conduct a
study of the taxation of West Virginia's antique motor vehicles and the implementation of a fair and
equitable statewide assessment system."
Whereas, The collecting of antique motor vehicles is considered a hobby by many; and
Whereas, An antique vehicle is twenty-five years old or older and is owned purely as a
collectors item and is used for recreational purposes from Friday to Monday; and
Whereas, Antique car shows take place throughout the state and brings large amounts of
tourism dollars into our state and loca1 economies and contribute to charitable organizations; and
Whereas, Antique motor vehicles are often heirlooms, having more sentimental than
financial value to many owners; and
Whereas, The value of antique motor vehicles are currently determined by the assessor of
the county in which the owner resides; and
Whereas, Antique motor vehicles may currently be valued at a different amounts from one county to the next; and
Whereas, This current method of determining value and tax amounts goes against the
principle of fair and equal taxation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study West
Virginia's antique motor vehicles and the manner in which they are taxed across the state, and to
derive a method which would implement a fair and equal statewide taxation system; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegate Paxton offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 105 - "Requesting the Joint Committee on Government and Finance to study the
issue of public protective services provided to private residential subdivisions that have roads
maintained by homeowners association dues rather than public funds."
Whereas, The residents of these subdivisions pay taxes and deserve the same basic
protections as those living in public neighborhoods; and
Whereas, These subdivisions are run by homeowners associations and are thus considered
private property; and
Whereas, These private subdivisions are attractive to homeowners because they provided
privacy, not found in other areas; and
Whereas, Police, fire and other public protective services should be provided to residents
of these subdivisions in all situations; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the issue
of public protective services provided to private residential subdivisions that have roads maintained
by homeowners association dues rather than public funds; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Shott, Rowan, Sumner, Moore, C. Miller, Moye, Duke, Porter and J. Miller offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 106 - "Requesting the Legislature establish a Joint Legislative Committee on Public
Service Commission Accountability and Effectiveness for the purpose of studying the accountability
and effectiveness of the Public Service Commission and proposing legislation consistent with the
committee's findings."
Whereas, Rising utility costs continue to consume a greater portion of the incomes of West
Virginians and act as an impediment to economic development; and
Whereas, The Public Service Commission was created not only to regulate and ensure the
availability of public utilities, but also to protect the interest of the using and consuming public; and
Whereas, The Legislature seeks to address concerns that sufficient accountability does not
currently exist to ensure that the Public Service Commission is adequately protecting those interests;
therefore, be it
Resolved by the Legislature of West Virginia:
That a Joint Legislative Study Committee on Public Service Commission Accountability and
Effectiveness be created for the purposes of studying the issue of the accountability and effectiveness of the Public Service Commission and the feasibility of creating legislation consistent with the
committee's findings; and proposing legislation to achieve this goal; and, be it
Further Resolved, That the Joint Legislative Committee on Public Service Commission
Accountability and Effectiveness examine the following issues in relation to the Public Service
Commission:
(1) The process of applying for and receiving rate modifications, including the feasibility of
authorizing the commission to unilaterally decrease rates when an investigation concludes that
consumers are being overcharged;
(2) A description of all revisions to policies or practices, or both, of the commission intended
to ensure that utilities adopt and utilize best management practices in their respective operations;
(3) A description of any current practices or policies, or both intended to minimize the
amount of any possible over-recovery from rate payers paying interim rates while a rate case is
pending;
(4) An analysis of the method by which machinery, equipment, fixtures and infrastructure
is depreciated following the acquisition by a subsequent owner, and whether such method is
consistent with the purposes for which depreciation is allowed;
(5) An analysis comparing the current utility rates in each of the twenty-eight border counties
with the comparable rates for the non-West Virginia counties which share a common boundary with
each;
(6) Whether an economic impact analysis should be required with respect to applications for
substantial rate increases; and
(7) Whether the consumer advocate's actions in principal and effect have remained consistent
with the original intent, and if not, how to correct such problems; and, be it
Further Resolved, That the study committee shall consider such other information or
documentation as the committee may request in order to achieve the goals of this resolution; and,
be it
Further Resolved, That the Joint Legislative Committee on Public Service Commission
Accountability and Effectiveness report to the regular session of the Legislature, 2011, on its
findings, conclusions and recommendations, together with drafts of any legislation necessary to
effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this committee, to prepare a report
and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Wooton, Crosier, Fleischauer, Fragale, Guthrie, Hatfield, Miley, Talbott and
Walters offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 107 - "Requesting the Joint Committee on Government and Finance to study the
effects, feasability and the potential overall economic benefits of supporting the development of
renewable energy resources through an Energy Expansion Fund within the state and potential
funding sources for the fund."
Whereas, West Virginia is one of the largest energy producers and exporters in the United
States, a state which, in addition to fossil fuel reserves, has a vast amount of renewable energy
resources that, if effectively captured and developed, is capable of creating greater economic and job
opportunities and substantial wealth in West Virginia's energy economy; and
Whereas, Twenty states, including the neighboring states of Maryland, Pennsylvania and
Ohio, have dedicated funds to promote renewable energy technologies; and
Whereas, Through 2006, state-level initiatives have resulted in over three hundred large-
scale renewable energy installations, totaling over three thousand five hundred megawatts, while also
providing incentives to residential and small business customers for installations of tens of thousands
of small-scale renewable energy generation technologies, including, for example, over four thousand
solar installations in New Jersey alone; and
Whereas, West Virginia's economy and manufacturing capability could benefit from joining other states that are supporting renewable energy projects by establishing a dedicated, long-term
funding source; and
Whereas, West Virginia currently lacks comprehensive strategies and mechanisms to
attract, leverage, and administer resources and financing renewable energy development; and
Whereas, There currently exists limited infrastructure and collective knowledge to harness
West Virginia's untapped renewable energy resources in wind, biomass, hydropower, solar, biofuels
and other renewable energy resources; and
Whereas, West Virginia's historic primacy in the world's energy economy could be
bolstered by renewable energy expansion; and
Whereas, High paying energy sector jobs have been stifled in West Virginia because we
currently lack a comprehensive energy policy directed towards encouraging the development of
renewable energy industries, while the number of renewable energy jobs have increased elsewhere
in the region; and
Whereas, The lack of economic diversity in many areas of our state could be relieved by
increased energy production from other resources in those same distressed counties; and
Whereas, The Wall Street Journal recently reported that even without federal energy or cap-
and-trade legislation, and amid a recession, renewable energy investment will likely reach $200
billion in 2010 alone; and
Whereas, There are preexisting, but dormant, industrial assets in West Virginia that could
be profitably utilized by the wind industry manufacturing sector, as has been accomplished in
neighboring Pennsylvania; and
Whereas, West Virginia, with the third highest wind capacity in the eastern United States,
has a potential three thousand megawatts of available wind power, the fastest growing segment of
electricity generation in the country, under a federal goal of increasing wind generation eightfold
over the next twenty years; and
Whereas, West Virginia has nearly four million tons of timber industry residue readily available each year for energy usage that could make, at a minimum, seven hundred megawatts each
year, but we lack comprehensive plans and incentives to utilize that renewable resource that would
increase economic growth and timber and energy sector jobs; and
Whereas, West Virginia has at least one thousand megawatts of additional hydropower
available, but no comprehensive plan to exploit that resource in a way that maximizes economic
growth and energy sector jobs; and
Whereas, West Virginia already has a state mandate under its Alternative and Renewable
Energy Portfolio Standard to produce twenty-five percent of its energy from alternative and
renewable sources, thereby expanding and creating renewable energy capacity in the state; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
effects, feasability and the potential overall economic benefits of supporting the development of
renewable energy resources through a dedicated Energy Expansion Fund within the state and
potential funding sources for the fund; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegate Paxton offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 108 - "Requesting the Division of Highways to name bridge number 20-60/14-3.64
over the Coal River on Main Street in St. Albans, Kanawha County, the 'Joseph Homer Lloyd
Bridge'."
Whereas, Joseph Homer Lloyd was born in Roane County on March 3, 1916, the son of
Everett and Bertha Lloyd; and
Whereas, Joseph Homer Lloyd graduated from Clay High School in 1938 and enlisted in
the U.S. Army in 1939; and
Whereas, When Joseph Homer Lloyd enlisted in the Army, he requested duty in Hawaii to
"see the world," little knowing that he would soon be a participant in one of the momentous events
in American history; and
Whereas, Joseph Homer Lloyd was stationed at Hickam Air Force Base in Hawaii when the
Japanese launched their infamous attack on Pearl Harbor on December 7, 1941; and
Whereas, Joseph Homer Lloyd awoke that peaceful Sunday morning on December 7
th and
was on his way to breakfast at the mess hall when the Japanese began bombing Hickam Air Force
Base. The barracks where he had slept only minutes before were bombed and the mess hall where
he was headed took a direct hit, leaving thirty-five people dead. But Joseph survived that fateful day
at Hickam Field and went on to serve his country honorably in World War II; and
Whereas, In 1942, Joseph Homer Lloyd attended Officers Candidate School and was
commissioned a Second Lieutenant in the Army. He was then sent to Europe, where he served with
the 14
th Armored Division throughout the remainder of the war; and
Whereas, While serving with the 14
th Armored Division, Joseph Homer Lloyd was awarded
the Bronze Star for "heroic achievement" when his company was isolated by a German
counterattack, and he additionally received a Purple Heart; and
Whereas, After the war, Joseph Homer Lloyd returned to West Virginia, where he and his
beloved wife Mabel, eventually settled in Tornado, Kanawha County, and he worked at Union
Carbide as a heavy equipment foreman until his retirement; and
Whereas, Joseph and Mabel have two daughters, Ramona, who currently resides in Hot
Springs Village, Arkansas, with her husband Tom, and Phyllis, who resides in Rock Branch with her
husband, Richard. A son, Travis, is deceased. Joseph and Mabel also have eight grandchildren and seventeen great grandchildren; and
Whereas, It is only fitting and proper that we acknowledge Joseph Homer Lloyd for his
outstanding service to his country and for a life well-lived. Joseph came of age during the Great
Depression, endured incredible hardships for his country in World War II, and then returned home
to help build a modern post-war America - his life personifies the grit, determination and selfless
contribution that led Tom Brokaw to name his generation the "Greatest Generation"; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 20-
60/14-3.64 over the Coal River on Main Street in St. Albans, Kanawha County, the "Joseph Homer
Lloyd Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed, signs identifying the bridge as the "Joseph Homer Lloyd Bridge," with an additional
designation that he is a Pearl Harbor survivor; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to Joseph Homer Lloyd.
Delegate Ashley offered the following resolution, which was read by the Clerk as follows:
H. R. 28 - "Recognizing Corporal Fred L. Hammock, recipient of the West Virginia Troopers
Association 'Trooper of the Year' award."
Whereas, The West Virginia Troopers Association, at its annual conference in June 2009,
named Corporal Fred L. Hammock the West Virginia Trooper of the Year for 2008 for his
outstanding service as a state trooper with the Spencer Detachment in Roane County, West Virginia;
and
Whereas, Fred L. Hammock began his law-enforcement career with the Ripley police
department in 1997; and
Whereas, Fred L. Hammock joined the West Virginia State Police in 2000, serving first as a state trooper in Charles Town and then returning home in 2003 to Roane County when he was
assigned to the Spencer Detachment; and
Whereas, Fred L. Hammock is not only an outstanding law- enforcement officer when he
is on-duty, Fred is also a valued and active member of his community while off-duty; serving as
coach or director of Roane County Midget League football, Roane County Little League girls
softball, Reedy Elementary basketball, Roane County Little League T-ball, Roane County middle
school football and the Summer League basketball program for the city of Spencer. Corporal
Hammack is also active in church affairs at Boggs Fork Baptist Church; and
Whereas, In addition to being a dedicated public servant, Fred L. Hammock is also a
dedicated family man - as evidenced by his involvement is so many youth organizations - and he is
a devoted husband to his wife, Mary, and a caring father to his children, Tyler, Dylan, and Corie;
therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes Corporal Fred L. Hammock, recipient of the
West Virginia Troopers Association "Trooper of the Year" award; and, be it
Further Resolved, That the House of Delegates hereby acknowledges Corporal Fred L.
Hammack's outstanding record of exemplary service, which is a credit to the State Police, to Roane
County and to the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to Corporal Fred L. Hammock.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 28) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Delegate C. Miller offered the following resolution, which was read by the Clerk as follows:
H. R. 29 - "Designating March 9, 2010, as 'West Virginia Home School Day'."
Whereas, The State of West Virginia is committed to excellence in education; and
Whereas, The State of West Virginia recognizes that parental involvement and
individualized attention to educational success are unique and basic components of home schooling;
and
Whereas, Home-schooled students exhibit self-confidence and good citizenship and are
prepared academically to meet the challenges of today's society; and
Whereas, Contemporary studies continue to confirm that children who are educated at home
score exceptionally well on national achievement tests and score above the national average on SAT
and ACT tests; and
Whereas, Home-schooled students have shown to be competitive with publicly and
privately schooled students at the college level; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates March 9, 2010, as "West Virginia Home
School Day"; and, be it
Further Resolved, That the House of Delegates recognizes students, teachers and families
involved with home schooling in West Virginia for their dedication to excellence in education; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the West Virginia Home Educators Association and the Christian Home Educators of West
Virginia.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 29) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 597, Requiring women seeking abortion opportunity to see fetus
ultrasound image,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 597) was
referred to the Committee on the Judiciary.
Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 9
th
day of March, 2010, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. 4128), Relating to insurance companies deemed to be in hazardous
financial condition.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor,
advising that on March 9, 2010, he approved
H. B. 4037,
S. B. 477 and
S. B. 548.
The Speaker then laid before the House of Delegates a communication from His Excellency,
the Governor, which was read by the Clerk as follows:
STATE OF WEST VIRGINIA
Joe Manchin, III
Governor
March 8, 2010
EXECUTIVE MESSAGE NO. 4
2010 REGULAR SESSION
**INSERT
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
S. B. 604, Extending mental hygiene procedures' sunset provision.
On motion of Delegate Boggs, the bill was taken up for immediate consideration and the
House of Delegate receded from its amendment thereto.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 205),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Cowles.
Absent And Not Voting: Argento, Doyle and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 604) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
S. B. 604 - "A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as
amended, relating to extending the termination date of the modified mental hygiene procedures pilot
project by two years."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were each
reported by the Clerk and adopted:
S. C. R. 21, Requesting DOH name bridge in Kanawha County "Private First Class Charles
M. Conner Memorial Bridge",
S. C. R. 24, Requesting DOH name bridge in Boone County "Private First Class Edward C. Miller Memorial Bridge",
S. C. R. 26, Requesting DOH name bridge in Kanawha County "Private First Class Vernon
L. Dillard Memorial Bridge",
S. C. R. 30, Requesting DOH name bridge in Wyoming County "Hubert Cline Memorial
Bridge",
S. C. R. 35, Requesting DOH name bridge in Mingo County "Virgil and Marcella Faye
Marcum Memorial Bridge",
S. C. R. 36, Requesting DOH name bridge in Boone County "Kevin Lee Ball Memorial
Bridge",
H. C. R. 38, The "Ralph L. Dawson Memorial Bridge",
H. C. R. 72, The "Glenn Holton Memorial Bridge",
H. C. R. 80, Requesting the Joint Committee on Government and Finance to conduct a study
on the need for setting standards for assignment of school athletic directors,
H. C. R. 82, The "P.F.C. Daniel F. Tallman Memorial Bridge",
And,
H. C. R. 83, The "Carmel M. Johnson Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Third Reading
S. B. 214, Updating certain terms in Corporation Net Income Tax 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. 206),
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: Argento, Doyle and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 214) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 207), 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: Argento and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 214) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 215, Creating offense of assaulting volunteer firefighters and emergency
service employees; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 208),
and there were--yeas 93, nays 5, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Ellem, Mahan, J. Miller, Sobonya and Sumner.
Absent And Not Voting: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 215) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 216, Updating terms in Personal Income Tax 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. 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: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 216) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 210), 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: Argento and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 216) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 240, Authorizing Department of Administration 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. 211),
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, Ashley, Blair, Cowles, Lane, J. Miller, Romine and Walters.
Absent And Not Voting: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 240) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 212), and there were--yeas 95, nays
3, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles and J. Miller.
Absent And Not Voting: Argento and Schoen.
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 S. B. 240) 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 S. B. 273, Authorizing DEP 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. 213),
and there were--yeas 83, nays 15, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Carmichael, Cowles, Hamilton,
Lane, Louisos, McGeehan, J. Miller, Overington and Walters.
Absent And Not Voting: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 273) 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 S. B. 273 - "A Bill to amend and reenact article 3, chapter 64 of the Code
of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules
by the Department of Environmental Protection; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or administrative agencies of the state;
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 Review
Committee and as amended by the Legislature; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to solid waste management; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to the covered electronic devices takeback program; authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste management systems; authorizing the
Department of Environmental Protection to promulgate a legislative rule relating to ambient air
quality standards; 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; authorizing the Department
of Environmental Protection to promulgate a legislative rule relating to standards of performance for
new stationary sources; 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 which cause or contribute to nonattainment; 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; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to acid rain provisions and
permits; authorizing the Department of Environmental Protection to promulgate a legislative rule
relating to emission standards for hazardous air pollutants; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to the National Pollutant
Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to requirements governing groundwater standards;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
water pollution control permit fee schedules; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities;
authorizing the Department of Environmental Protection to promulgate a legislative rule relating to
monitoring wells; authorizing the Department of Environmental Protection to promulgate a
legislative rule relating to monitoring well design standards; and authorizing the Department of
Environmental Protection to promulgate a legislative rule relating to oil and- gas wells and other
wells."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 214), 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, Carmichael, Cowles, Hamilton, Louisos, McGeehan, J. Miller, Overington and
Walters.
Absent And Not Voting: Argento and Schoen.
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 S. B. 273) 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 S. B. 336, Authorizing Division of Wildlife Resources recover possession
or restitution value of certain 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. 215),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Cowles.
Absent And Not Voting: Argento, Schoen and Susman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 336) passed.
An amendment to the title of the bill, recommended by the Committee on Natural Resources,
was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 336 - "A Bill to amend and reenact §20-2-5a and §20-2-7 of the Code
of West Virginia, 1931, as amended, all relating to forfeiture and restitution by persons causing
injury or death to game, protected species of animal or private game farm animals; adding additional
replacement value for antlered deer based upon antler spread; increasing the forfeiture amount for illegally taken game fish or fish of a protected species; clarifying forfeiture procedures and costs; and
ordering restitution for private game farm animals."
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 S. B. 345, Requiring telecommunications tax study; 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 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes and McGeehan.
Absent And Not Voting: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 345) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 388, Specifying number of members on municipal planning commissions and zoning
boards; 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 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Cowles and Ireland.
Absent And Not Voting: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 388) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 445, Extending time Fairmont City Council can meet; 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 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Moore.
Absent And Not Voting: Argento, Beach and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 445) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 219), 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: Argento, Beach and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 445) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 461, Relating to administration of sales and use tax; 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 91, nays 6, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Lane, J. Miller, Sumner and Walters.
Absent And Not Voting: Argento, Beach and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 461) passed.
S. B. 464, Clarifying Division of Personnel functions; 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 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Schadler.
Absent And Not Voting: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 464) passed
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, 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: Argento and Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 464) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 656, Relating to special rates for energy-intensive industrial electric
power consumers; on third reading, coming up in regular order, with an amendment pending, was
reported by the Clerk.
The Clerk then reported an amendment by which Delegate White sought to amend the bill
on page five, section one-j, line fifty-three, following the word "least", by striking out the word
"fifty" and inserting in lieu thereof the word "thirty-five.
And,
On page eight, section one-j, line one hundred two, following the word "least", by striking
out the word "fifty" and inserting in lieu thereof the word "thirty-five".
Delegate White then asked and obtained unanimous consent that the amendment be
withdrawn.
There being no further amendments, 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. 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: Argento and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 656) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Second Reading
S. B. 42, Revising Municipal Economic Opportunity Development District Act; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page three, section three, line thirty-three, by striking out the words
"
all Class I,
and Class II,
Class III and Class IV cities" and inserting in lieu thereof the words "
any
Class I, Class II or Class III city or any Class IV town or village".
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 81, Creating WV Official Prescription Program Act; on second reading,
coming up in regular order, was read a second time.
On motion of Delegate Perdue, the bill was amended by striking out everything after the
enacting section and inserting in lieu thereof the following:
"
ARTICLE 5W. WEST VIRGINIA OFFICIAL PRESCRIPTION PROGRAM ACT.
§16-5W-1. Short title.
This act shall be known and may be cited as the 'West Virginia Official Prescription Program Act'.
§16-5W-2. Legislative findings.
(a) Use of fraudulently obtained prescriptions to illegally obtain prescription drugs is an
epidemic. It has few equals for sheer size, speed of growth, resistance to deterrence, harm to people
from so many strata of society, and large costs to insurers. Overdoses, deaths and injuries continue
growing at an alarming rate. More than twenty million Americans-nearly seven percent of the
population-were estimated to abuse prescription drugs in 2007, based on the National Survey on
Drug Use and Health.
(b) Prescription drug diversion drains health insurers nationally of up to $72.5 billion a year,
including up to $24.9 billion annually for private insurers. Estimated losses include insurance
schemes, plus the larger hidden costs of treating patients who develop serious medical problems
from abusing the addictive narcotics they obtained through the swindles.
(c) Federal law now requires tamper resistant prescriptions for all Medicaid prescriptions,
and various states have taken on the task of implementing document security programs as part of
their efforts to reduce substantially prescription drug fraud.
(d) The State of New York documented Medicaid savings of $140 million directly tied to its
secure issuance prescription program during the first year after implementation. It is estimated that
the savings resulting from the reduction in prescription drug fraud will more than pay for the cost
of implementing an official secure state prescription program in West Virginia within a reasonable
period of time following initial implementation.
§16-5W-3. Definitions.
As used in this article:
(1) 'Board' means the Board of Pharmacy established in article five, chapter thirty of this
code.
(2) 'Dispenser' means a person authorized in this state to distribute to the ultimate user a
substance monitored by the prescription monitoring program, but does not include:
(A) A licensed hospital pharmacy that distributes such substances for the purposes of
inpatient hospital care or the dispensing of prescriptions for controlled substances at the time of
discharge from such a facility; or
(B) A licensed health care provider who administers such a substance at the direction of a
licensed physician.
(3) 'Prescriber' means an individual currently licensed and authorized by this state to
prescribe and administer prescription drugs in the course of their professional practice. These
include, but are not limited to, allopathic and osteopathic physicians, physician assistance,
optometrists, podiatrists and nurse practitioners as allowed by law.
(4) 'West Virginia Official Prescription Program' means the program established under
section four of this article.
(5) 'Program Vendor' means the private contractor or contractors selected to manage the
production and delivery of official state prescription paper.
(6) 'West Virginia Official Prescription' means prescription paper, which has been
authorized by the state for use, and meets the following criteria:
(A)
Prevention of unauthorized copying,
(B)
Prevention of erasure or modification,
(C)
An ability to prevent counterfeit prescription pads; and
(D)Capable of supporting automated validation through pharmacy claims processing
systems using the official state prescription control number.
§16-5W-4. Establishment of West Virginia Official Prescription Program.
(a) The board shall establish and maintain an official prescription program in the state. The
board may contract with a program vendor or vendors to establish and maintain the official state
prescription program.
(b) The official West Virginia prescription paper shall be authorized by the board through
a program vendor or vendors in batch quantities, which paper may be serially numbered and unable to be altered, copied, or counterfeited. Blank prescription paper shall not be transferable. The
official prescription paper shall be provided to appropriate practitioners and facilities at a fee
established by legislative rule.
(c) Prescription paper may be issued to specific practitioners marked with a unique number
and, if so, shall only be used by that practitioner. The board shall establish security requirements
concerning the procurement of the official prescription paper which both the board and the
contracted program vendor shall use.
(d) A pharmacist may not fill a written prescription from a West Virginia practitioner unless
issued upon an official state issued prescription form.
§16-5W-5. Legislative rules.
The board shall propose rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to accomplish the requirements of this article.
The legislative rules shall include, at a minimum:
(1) That on July 1, 2011, every prescription written in West Virginia by a practitioner shall
be written on official West Virginia tamper-resistant prescription paper.
(2) Contracting requirements for contracting with a program vendor or vendors including
auditing requirements for printing facilities and standard prescription pad formatting requirements.
(3) Standard format for prescription paper and the development of identifying markers on
prescription paper. These markers shall be on the front and back of the prescription paper to be used
by practitioners throughout the state.
(4) A means of reporting unauthorized use, theft or destruction of authorized state
prescription paper.
(5) Fees for the distribution of standard format prescription paper to practitioners and
facilities.
§16-5W-6. Exclusions.
The provisions of this article do not apply to:
(a) oral prescription practices;
(b) electronic prescription practices;
(c) out-of-state prescription practices; or
(d) prescriptions generated within a licensed medical facility that results in the internal
dispensing of prescription drugs to any patient receiving treatment in that facility where the patient
is never in possession of the prescription.
§16-5W-7. Reporting requirements.
Practitioners shall immediately notify the board as prescribed by legislative rule of the loss,
destruction, theft or unauthorized use of any official state prescription paper issued to them as well
as the failure to receive official state prescription paper within a reasonable time after ordering them
from the board. Upon receipt of notification, the board shall conduct a thorough investigation and
take any necessary and appropriate action.
§16-5W-8. Limitation of additional record keeping and liability.
(a) Official state prescription paper may include unique serial numbers for tracking purposes
and to decrease potential fraud. Inclusion of a serial number does not:
(1) Place additional tracking or reporting responsibilities on a practitioner or pharmacist with
the exception of those listed in section six of this act; or
(2) Affect the liability or responsibility of a practitioner or a pharmacist.
(b) Use of official West Virginia prescription paper shall meet all requirements issued by the
Center for Medicare and Medicaid Services for the use of tamper-resistant security features."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 219, Relating to managing state motor vehicle fleet; on second reading,
coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
S. B. 350, Recategorizing recycled energy as renewable energy resource; on second reading,
coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of an
amendment by Delegate Ross on that reading.
Com. Sub. for S. B. 365, Requiring pharmacies provide personnel online access to
controlled substances database; on second reading, coming up in regular order, was read a second
time and ordered to third reading.
S. B. 385, Requiring banks provide bond to secure certain county deposits; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Banking and Insurance, was reported
by the Clerk and adopted, amending the bill on page two, section two, line one, by striking out the
sentence beginning on line one and ending with the period after the word "time" on line nine and
inserting in lieu thereof the following:
"No designation is binding on any county, nor shall any public money be deposited
thereunder
in excess of the amount insured by an agency of the federal government, until the banking
institution designated executes a bond with good and sufficient sureties, to be accepted and approved
by the county commission, payable to the State of West Virginia, in a sum as the county commission
shall direct, and which may not be less than the
maximum sum that is deposited amount of the
deposit that exceeds the amount insured by an agency of the federal government in the depository
at any one time."
There being no further amendments, the bill was ordered to third reading.
S. B. 390, Clarifying court assesses private investigative and security services regulations
violation penalties; on second reading, coming up in regular order, was read a second time and
ordered to third reading.
Com. Sub. for S. B. 435, Relating to speed-detecting device use law; on second reading,
coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for S. B.
435) was then recommitted to the Committee on the Judiciary.
Com. Sub. for S. B. 517, Creating Uniform Real Property Electronic Recording Act; on
second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with an amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
S. B. 527, Requiring State Rail Authority establish transportation and local rail service plan;
on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 584, Relating to Center for Nursing's data collection policy; on second reading, coming
up in regular order, was read a second time and ordered to third reading.
S. B. 595, Extending vesting period for subdivision and land development plans; on second
reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Political Subdivisions, was reported by
the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
"That §8A-4-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §8A-5-12 of said code be amended and reenacted, all to read as follows:
ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.
§8A-4-2. Contents of subdivision and land development ordinance.
(a) A subdivision and land development ordinance shall include the following provisions:
(1) A minor subdivision or land development process, including criteria, requirements and
a definition of minor subdivision;
(2) The authority of the planning commission and its staff to approve a minor subdivision or land development;
(3) A major subdivision or land development process, including criteria and requirements;
(4) The authority of the planning commission to approve a major subdivision or land
development;
(5) The standards for setback requirements, lot sizes, streets, sidewalks, walkways, parking,
easements, rights-of-way, drainage, utilities, infrastructure, curbs, gutters, street lights, fire hydrants,
storm water management and water and wastewater facilities;
(6) Standards for flood-prone or subsidence areas;
(7) A review process for subdivision or land development plans and plats by the planning
commission;
(8) An approval process for subdivision or land development plans and plats by the planning
commission, including the authority to approve subdivision or land development plans and plats with
conditions;
(9) A process to amend final approved subdivision or land development plans and plats;
(10) A requirement that before development of the land is commenced, subdivision and land
development plans and plats must be approved by the applicable planning commission, in accordance
with the comprehensive plan, if a comprehensive plan has been adopted;
(11) A requirement that after approval of the subdivision or land development plat by the
planning commission and before the subdivision or development of the land is commenced, the
subdivision and land development plat shall be recorded in the office of the clerk of the county
commission where a majority of the land to be developed lies;
(12) A schedule of fees to be charged which are proportioned to the cost of checking and
verifying proposed plats;
(13) The process for granting waivers from the minimum standards of the subdivision and
land development ordinance;
(14) Improvement location permit process, including a requirement that a structure or development of land is prohibited without an improvement location permit;
(15) The acceptable methods of payment to cover the cost of the water and sewer service
infrastructure, which can include, but are not limited to, bonds, impact fees, escrow fees and proffers;
(16) The process for cooperating and coordinating with other governmental agencies affected
by the subdivision and land development and use; and
(17) Penalties for violating the subdivision and land development ordinance.
(b) A subdivision and land development ordinance may include the following provisions:
(1) Establishing a board of subdivision and land development appeals with the same powers,
duties and appeals process as set out for the board of zoning appeals under the provisions of article
eight of this chapter;
(2) Requirements for green space, common areas, public grounds, walking and cycling paths,
recreational trails, parks, playgrounds and recreational areas;
(3) Encourage the use of renewable energy systems and energy-conserving building design;
(4) Vested property right, including requirements;
(5) Exemptions of certain types of land development from the subdivision and land
development ordinance requirements, including, but not limited to, single-family residential structures
and farm structures; and
(6) Any other provisions consistent with the comprehensive plan the governing body considers
necessary.
(c) All requirements, for the vesting of property rights contained in an ordinance enacted
pursuant to this section that require the performance of any action within a certain time period for any
subdivision or land development plan or plat valid under West Virginia law and outstanding as of
January 1, 2010, shall be extended until July 1, 2012, or longer as agreed to by the municipality,
county commission or planning commission. The provisions of this subsection also apply to any
requirement that a use authorized pursuant to a special exception, special use permit, conditional use
permit or other agreement or zoning action be terminated or ended by a certain date or within a certain number of years.
ARTICLE 5. SUBDIVISION OR LAND DEVELOPMENT PLAN AND PLAT.
PART I. MINOR SUBDIVISION OR LAND DEVELOPMENT PROCESS.
§
8A-5-12. Vested property right.
(a) A vested property right is a right to undertake and complete the land development. The
right is established when the land development plan and plat is approved by the planning commission
and is only applicable under the terms and conditions of the approved land development plan and plat.
(b) Failure to abide by the terms and conditions of the approved land development plan and
plat will result in forfeiture of the right.
(c) The vesting period for an approved land development plan and plat which creates the
vested property right is five years from the approval of the land development plan and plat by the
planning commission.
(d) Without limiting the time when rights might otherwise vest, a landowner's rights vest in
a land use or development plan and cannot be affected by a subsequent amendment to a zoning
ordinance or action by the planning commission when the landowner:
(1) Obtains or is the beneficiary of a significant affirmative governmental act which remains
in effect allowing development of a specific project;
(2) Relies in good faith on the significant affirmative governmental act; and
(3) Incurs extensive obligations or substantial expenses in diligent pursuit of the specific
project in reliance on the significant affirmative governmental act.
(e) A vested right is a property right, which cannot be taken without compensation. A court
may award damages against the local government in favor of the landowner for monetary losses
incurred by the landowner and court costs and attorneys' fees, resulting from the local government's
bad faith refusal to recognize that the landowner has obtained vested rights.
(f) Any subdivision or land development plan or plat, whether recorded or not yet recorded,
valid under West Virginia law and outstanding as of January 1, 2010, shall remain valid until July 1, 2012, or such later date provided for by the terms of the planning commission or county
commission's local ordinance or for a longer period as agreed to by the planning commission or
county commission. Any other plan or permit associated with the subdivision or land development
plan or plat shall also be extended for the same time period. Provided, That the land development
plan or plat has received at least preliminary approval by the planning commission or county
commission by March 1, 2010."
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for S. B. 618, Relating to osteopathic physician assistants; on second reading,
coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was
reported by the Clerk and adopted, amending the bill on page sixteen, section three, line four, prior
to the word "The" by inserting the letter "(a)"; and
On page sixteen, section three, line eleven, following the word "article" and the period by
inserting the following:
"(b) The fees in effect on the effective date of the reenactment of this section during the
regular session of the Legislature in 2010 will remain in effect until modified by legislative rule."
There being no further amendments, the bill was ordered to third reading.
S. B. 636, Reconstituting Commission to Study Residential Placement of Children; on second
reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 665, Transferring certain Health Care Authority's duties to Insurance
Commissioner; on second reading, coming up in regular order, was read a second time and ordered
to third reading.
H. B. 4670, Making a supplementary appropriation to the Department of Agriculture, to the
Department of Health and Human Resources, to the Department of Revenue - Racing Commission,
to the Bureau of Senior Services and to the Higher Education Policy Commission; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
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. 38, Creating WV Servicemembers Civil Relief Act,
Com. Sub. for S. B. 185, Creating WV Commercial Patent Incentives Tax Act,
Com. Sub. for S. B. 218, Providing for early parole eligibility for certain inmates,
Com. Sub. for S. B. 286, Authorizing DHHR promulgate legislative rules,
Com. Sub. for S. B. 291, Authorizing Department of Transportation promulgate legislative
rules,
Com. Sub. for S. B. 337, Requiring Racetrack Video Lottery Fund be used for certain
payments,
Com. Sub. for S. B. 362, Prohibiting providing false information to obtain controlled
substances prescription,
Com. Sub. for S. B. 376, Relating to residential mortgage foreclosure data,
Com. Sub. for S. B. 396, Updating commercial driver's license requirements,
Com. Sub. for S. B. 398, Prohibiting landfill disposal of certain electronic devices,
Com. Sub. for S. B. 401, Relating to ad valorem property taxes,
Com. Sub. for S. B. 457, Repealing certain outdated code sections and eliminating penalties
for displaying certain flags,
Com. Sub. for S. B. 462, Limiting State Police applicants' age,
Com. Sub. for S. B. 471, Increasing circuit clerks' copying charge,
Com. Sub. for S. B. 480, Relating to public higher education personnel,
Com. Sub. for S. B. 490, Relating to domestic violence,
S. B. 498, Updating language relating to adult social services,
S. B. 499, Changing names of certain community and technical colleges,
S. B. 511, Relating to tagging and checking beaver pelts,
S. B. 512, Increasing game trap markings,
S. B. 519, Extending Social Security benefits to Municipal Police Officers and Firefighters
Retirement System members,
S. B. 526, Finding and declaring certain claims against state,
S. B. 533, Revising statutory language regarding child abuse,
S. B. 547, Correcting inconsistency in school board levies' code,
S. B. 559, Authorizing citation issuance in lieu of court appearance in certain situations,
S. B. 574, Declaring December 7 special memorial day,
S. B. 575, Suspending driving, hunting and fishing licenses for failure to pay certain court
costs,
Com. Sub. for S. B. 577, Clarifying definition of "raffle",
S. B. 583, Updating references to Information Services and Communications Division,
Com. Sub. for S. B. 624, Relating to Secretary of State annual reports' filing deadlines,
S. B. 627, Increasing civil and criminal penalties for littering,
S. B. 633, Depositing public funds into certain federally insured accounts,
S. B. 635, Requiring State Fire Commission approve certain county and municipal fire
ordinances and regulations,
S. B. 648, Repealing outdated and obsolete sections of education code,
Com. Sub. for S. B. 651, Providing state bid preference for certain current license or permit
holders,
And,
S. B. 653, Allowing court discretion for habitual offender sentencing.
Delegate Doyle announced that he was absent when the votes were taken on Roll Nos. 205
and 206, and that had he been present, he would have voted "Yea" thereon.
Conference Committee Report Availability
At 11:56 a.m., the Clerk announced availability in his office of the report of the Committee
of Conference on
S. B. 611.
At 11:57 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
* * * * * * *
Afternoon Session
* * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned
to the Third Order of Business for the purpose of receiving committee reports.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 442, Clarifying PEIA Finance Board may offset certain annual retiree premium
increases,
And,
S. B. 510, Extending DNR license and stamp fees sunset provision,
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. 478, Relating to Purchasing Division functions,
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. 478) 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:
Com. Sub. for S. B. 596, Exempting Adjutant General and National Guard from certain
leasing and accounting requirements,
And reports the same back with the recommendation that it 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:
S. B. 610, Extending statutory exemption to certain out-of-school time programs,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
On motions for leave, resolutions were introduced (Originating in the Committee on
Government Organization and reported with the recommendation that they each be adopted), which
were read by their titles, as follows:
By Delegates Morgan, Stephens, Butcher, Givens, Hall, Hartman, Hatfield, Manypenny,
Martin, D. Poling, Poore, Staggers, Swartzmiller, Talbott, T. Walker, Azinger, Cowles,
McGeehan, C. Miller, J. Miller, Porter and Rowan
:
H. C. R. 109 - "Requesting that the Joint Committee on Government and Finance authorize
a study of the law governing the West Virginia State Board of Pharmacy".
Whereas, The Board regulating the profession of pharmacists, pharmacy technicians,
pharmacy interns and pharmacies is charged with protecting the public health, safety and welfare; and
Whereas, Because of advances in medical technology, changes in the practice of these
professions have not been incorporated into the regulatory framework that governs the board to ensure
that it has the authority necessary to govern the professions; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia State Board of Pharmacy should be
reviewed to consider any appropriate and necessary revisions to the laws and rules governing this
profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study
of the West Virginia State Board of Pharmacy; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular
Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
And,
H. C. R. 110 - "Requesting the Joint Committee on Government and Finance study public
safety, health and welfare issues related to the sale, storage and use of fireworks in this state."
Whereas, Certain fireworks may be sold to consumers in this state and issues remain
regarding public safety at locations that sell fireworks to consumers, education of the public regarding
the safe use of fireworks and enforcement of current laws regarding the sale and use of fireworks; and
Whereas, The State Fire Marshal is authorized to charge certain fees to display and sell
fireworks and the Legislature should investigate such fee structure to ensure the fees are adequate to
support the necessary regulatory functions and to investigate the availability of any excess revenue
that may be available as a funding mechanism for fire departments within this state; and
Whereas, The State Fire Marshal has certain jurisdiction over the sale and use of fireworks
in this state and there is a need to examine whether the State Fire Marshal's role should be increased
and whether the existing laws need to be changed to better protect the health, welfare and safety of the public; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study public
safety, health and welfare issues related to the sale, storage and use of fireworks in this state; and, be
it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested
to seek the input of the State Fire Marshal and any other interested and informed persons selected by
the joint committee to study issues related to the retail sale, storage and use of fireworks; and, be it
Further Resolved, That this study should include whether there should be additional regulation
of the retail sale, storage or use of fireworks and how the additional regulation, if necessary, in the
public interest, should be provided and funded; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
The Speaker referred the resolutions (H. C. R. 109 and H. C. R. 110) to the Committee on
Rules.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 229, Authorizing School Building Authority issue certain outstanding
bonds,
Com. Sub. for S. B. 232, Transferring certain requirements for redeeming delinquent land
sales from county clerks to State Auditor,
Com. Sub. for S. B. 397, Creating single dwelling residential housing index and multiplier,
Com. Sub. S. B. 446, Clarifying deceased public employees' survivors participate in
comprehensive group health insurance plans only,
Com. Sub. for S. B. 449, Relating to PEIA preexisting conditions limitations,
S. B. 453, Providing State Register subscribers electronic format option,
And,
Com. Sub. for S. B. 507, Creating WV Innovative Mine Safety Technology Tax Credit Act,
And reports the same back, with amendments, with the recommendation that they each do
pass, as amended.
Chairman Miley, 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. 51, Relating to child custody plans for National Guard or military reserve
parents,
And,
Com. Sub. for S. B. 696, Relating to limited liability partnerships,
And reports the same back with the recommendation that they each do pass.
Chairman Miley, 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. 183, Creating Diesel-Powered Motor Vehicle Idling Act,
Com. Sub. for S. B. 236, Creating Aquaculture Development Act,
Com. Sub. for S. B. 238, Relating to mineral rights' benefits,
Com. Sub. for S. B. 407, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 465, Relating to utility service disconnection,
Com. Sub. for S. B. 567, Creating Nonprofit Adventure and Recreational Responsibility Act,
And,
Com. Sub. for S. B. 614, Relating to PSC approval of high voltage transmission line
construction,
And reports the same back, with amendment, with the recommendation that they each do pass,
as amended.
Chairman Miley, 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. 186, Creating DOT administrative law judge office,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on Finance
be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 186) to the Committee
on Finance was abrogated.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates, as follows:
Com. Sub. for H. B. 3301, Amending the Division of Labor rule verifying employees legal
employment status.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendments, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4133, Clarifying the requirements to practice marriage and family
therapy.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-9. Requirements for a license to practice marriage and family therapy.
(a) To be eligible for a license to practice marriage and family therapy, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for employment in the United States;
(4) Pay the applicable fee;
(5)(A)(i) Have earned a master's
degree in marriage and family therapy from a program
accredited by the Commission on Accreditation for Marriage and Family Therapy Education,
the
Council for Accreditation of Counseling and Related Education Programs
, or a comparable
accrediting body as approved by the board
, or in a field closely related to an accredited marriage and
family therapy program as determined by the board
, or have received training equivalent to such
degree as may be determined by the board; and
(ii) Have at least two years of supervised professional experience in marriage and family
therapy of such a nature as is designated by the board after earning a master's
degree or equivalent
;
or
(B) (i) Have earned a doctorate degree in marriage and family therapy from a program
accredited by the Commission on Accreditation for Marriage and Family Therapy Education, the
Council for Accreditation of Counseling and Related Education Programs, or a comparable
accrediting body as approved by the board
, or in a field closely related to an accredited marriage and
family therapy program as determined by the board, or have received training equivalent to such
degree as may be determined by the board; and
(ii) Have at least one year of supervised professional experience in marriage and family therapy of such a nature as is designated by the board after earning a doctorate
degree or equivalent
;
(6) Have passed a standardized national certification examination in marriage and family
therapy as approved by the board
;
(7) Not have been convicted of a felony or crime involving moral turpitude under the laws of
any jurisdiction:
(A) If the applicant has never been convicted of a felony or a crime involving moral turpitude,
the applicant shall submit letters of recommendation from three persons not related to the applicant
and a sworn statement from the applicant stating that he or she has never been convicted of a felony
or a crime involving moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime involving moral turpitude, it is
a rebuttable presumption that the applicant is unfit for licensure unless he or she submits competent
evidence of sufficient rehabilitation and present
fitness to perform the duties of a
licensed
professional counselor person licensed to practice marriage and family therapy as may be established
by the production of:
(i) Documentary evidence including a copy of the relevant release or discharge order, evidence
showing compliance with all conditions of probation or parole, evidence showing that at least one
year has elapsed since release or discharge without subsequent conviction, and letters of reference
from three persons who have been in contact with the applicant since his or her release or discharge;
and
(ii) Any collateral evidence and testimony as may be requested by the board which shows the
nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and
any mitigating circumstances or social conditions surrounding the crime or crimes
, and any other
evidence necessary for the board to judge present fitness for licensure or whether licensure will
enhance the likelihood that the applicant will commit the same or similar offenses;
(8) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a,
chapter twenty-seven of this code:
Provided, That an applicant who has had at least two continuous years of uninterrupted sobriety in an active recovery process, which may, in the discretion of the
board, be evidenced by participation in a twelve-step program or other similar group or process, may
be considered; and
(9) Has fulfilled any other requirement specified by the board.
(b) A person who holds a license or other authorization to practice marriage and family
therapy issued by another state, the qualifications for which license or other authorization are
determined by the board to be at least substantially equivalent to the license requirements in this
article, is eligible for licensure.
(b) (c) A person seeking licensure under the provisions of this section shall submit an
application on a form prescribed by the board and pay all applicable fees.
(c) (d) A person who is licensed for
the five years
as of July 1, 2010 prior to the effective date
of this section and has substantially similar qualifications as required by subdivision (1), (2), (3),
(4),
(5)(A)(i)
or (5)(B)(i),
(6) and (7)
and (8) of subsection (a) of this section is eligible for a license to
practice marriage and family therapy until July 1,
2013 2012, and is eligible for renewal under section
ten."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 224), and there were--yeas
92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Azinger, Hatfield, Longstreth, Michael, Schoen and
Shook.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4133) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 225), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Argento, Azinger, Hatfield, Longstreth, Michael, Schoen and
Shook.
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. 4133) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of the
House of Delegates, as follows:
H. B. 4171, Relating to criminogenic risk and needs assessments.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On pages two through fifteen, by striking out all of section thirteen.
On page one, by amending, the enacting section to read as follows:
"That §25-1-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted
to read as follows:" followed by a period.
And,
By amending the title of the bill to read as follows:
H. B. 4171 - "A Bill to amend and reenact §25-1-15 of the code of West Virginia, 1931, as
amended, relating to the Division of Corrections; and allowing Division of Corrections to utilize
criminogenic risk and need instruments."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 226), and there were--yeas 88, nays 7, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Cowles, Ireland, McGeehan, J. Miller and Walters.
Absent And Not Voting: Argento, Azinger, Michael, Schoen and Shook.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4171) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates, as follows:
Com. Sub. for H. B. 4291, Eliminating duplicitous criminal background investigations with
both the West Virginia State Police and the Federal Bureau of Investigation.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates, as follows:
H. B. 4361, Removing provisions prohibiting sharing domestic violence information with
other governments.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates, as follows:
H. C. R. 10, The "Sgt. Justin Alan Thompson Memorial Highway".
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
S. B. 339, Correcting invalid code reference related to voter registration list.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On page three, section four-a, subsection (b), subdivision (2), by striking out the words
"felony status" and inserting in lieu thereof the words "a felony conviction as provided in section two
of this article".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment
to the House amendment.
The question being on the passage of the bill as amended by the House, and as further
amended by the Senate, the yeas and nays were taken
(Roll No. 227), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Azinger, Michael, Schoen and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 339) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 381, Regulating ability of Division of Banking employees to obtain certain loans.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, of
S. B. 387, Providing certain mortgage loan originators be licensed or registered.
S. B. 461, Relating to administration of sales and use tax; 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:
S. B. 461 - "A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-11, §11-15B-17,
§11-15B-25, §11-15B-26 and §11-15B-32 of the Code of West Virginia, 1931, as amended, all
relating to the administration of sales and use tax generally; striking certain definitions; incorporating
changes made by the governing board in reference to the agreement; adding a classification for
registration of seller making no sales in state; defining 'advertising and promotional direct mail' and
'other direct mail'; providing duties of purchasers and sellers of direct mail; directing the tax
commissioner to provide notice and simplified electronic returns; allowing for electronic payment of
taxes due; identifying required filers; providing for the loss of exemption for failing to file; adopting
a standardized transmission process; authorizing the tax commissioner to establish liability amount
of taxes; and providing new effective dates."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento and Schoen.
Miscellaneous Business
Delegate Longstreth announced that she was absent when the votes were taken on Roll Nos.
224 and 225, and that had she been present, she would have voted "Yea" thereon.
At 5:44 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 10, 2010.
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