hdj2009-03-20-38

__________*__________

Friday, March 20, 2009
THIRTY-EIGHTH 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 Thursday, March 19, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 16, The "Willis W. Elkins Memorial Bridge",
And,
H. C. R. 35, The "Pvt. Russell Curtis Knight Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2413, Changing the upper age restriction for new police hires in municipalities,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2413 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-22-25 of said code, all relating to the age hiring restrictions for new applicants to municipal police departments,"
H. B. 2547, Relating to pawnbrokers obtaining a signed statement affirming ownership from a seller or pledgor on all sale or pawn transactions,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2547 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2 and §47-25-3, all relating to pawnbrokers; requiring pawnbrokers to obtain and retain a signed statement affirming ownership from each seller or pledgor on all sale or pawn transactions, except for refinance pawn transactions or merchandise bought from a manufacturer or wholesaler with an established place of business; making the violation of that requirement a misdemeanor; making the filing of a false statement of ownership a misdemeanor; making a pawnbroker's failure to comply a misdemeanor; establishing criminal penalties for offenses; and definitions,"
H. B. 2557, Requiring that warranty provisions for new motor vehicles are equally applicable to motor vehicles purchased inside or outside the state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2557 - "A Bill to amend and reenact §46A-6A-2, §46A-6A-3 and §46A-6A-3a of the Code of West Virginia, 1931, as amended, all relating to new motor vehicle warranties; making the provisions related to the enforcement of new motor vehicle warranties applicable to vehicles registered and titled in this state, regardless of where the vehicle was purchased; and continuing to make the same provisions related to the enforcement of new motor vehicle warranties applicable to new cars purchased in this state, regardless of where they are titled,"
H. B. 2739, Enhancing the service and enforcement of domestic violence protective orders issued by state courts,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2739 - "A Bill to amend and reenact §48-27-311, §48-27-505, §48-27-701, §48-27-902, §48-27-903 and §48-27-1002 of the Code of West Virginia, 1931, as amended; and to amend said code by adding two new sections, designated §48-27-1003 and §48-27-1004, all relating to revising and expanding the procedures and methods for service, enforcement, and registration of domestic violence protective orders; requiring circuit court clerks to use certified or registered mail for service of a protective order; requiring circuit court clerks to forward copies of protective orders to magistrates or magistrate court clerks; requiring magistrates or magistrate court clerks to forward copies of protective orders to state and federal agencies; requiring law enforcement to attempt service of protective orders within seventy-two hours of issuance; authorizing certain persons to file a criminal complaint for violation of a protective order; providing a criminal penalty for violation of a protective order; authorizing the seizure of weapons possessed in violation of a protective order; authorizing nonjudicial enforcement and service of state protective orders; and providing civil and criminal immunity to government officials for acts or omissions arising out of enforcement of a protective order, or the detention or arrest of an alleged violator of a protective order, if the official acted in a good faith effort to comply with the statutes related to the prevention and treatment of domestic violence,"
And,
H. B. 2771, Including political subdivisions of West Virginia in the West Virginia Alcohol and Drug-Free Workplace Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2771 - "A Bill to amend and reenact §21-1D-2, §21-1D-4 and §21-1D-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §21-1D-5a and §21-1D-7b, all relating to West Virginia Alcohol and Drug-Free Workplace Act; defining that a contract under this section shall only include those whose value is over $50,000; defining a pre-employment drug test; requiring the submission of a sworn statement regarding a drug-free workplace; providing that workers who comply with that United States Department of Transportation drug testing guidelines are not required to submit to additional tests; requiring a report to public authority who let the contract; and providing criminal penalties,"
With the recommendation that the committee substitutes each 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:
H. B. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2976) was referred to the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2411, Requiring that workplace fatalities be reported to the Division of Labor,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2411 - "A Bill to amend and reenact §21-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring that workplace fatalities be reported to the Division of Labor,"
And,
H. B. 2958, Increasing the fines for a trespassing conviction pursuant to certain circumstances,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2958 - "A Bill to amend and reenact §61-3B-3 of the Code of West Virginia, 1931, as amended, relating to increasing the fines for a trespassing conviction pursuant to certain circumstances,"
With the recommendation that the committee substitutes each do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3022, Creating a medical home health care plan for uninsured adults,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3022) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2884, Long-Term Care Partnership Program,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2757, Relating to financial audits of insurers,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2757 - "A Bill to amend and reenact §33-33-1, §33-33-2, §33-33-3, §33-33-4, §33-33-5, §33-33-6, §33-33-8, §33-33-9, §33-33-10, §33-33-10a, §33-33-11, §33-33-12, §33-33-13, §33-33-14 and §33-33-15 of the Code of the West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-33-16, all relating to financial audits of insurers; defining terms; providing general requirements for filing annual audited financial reports; providing for creation of audit committee; requiring financial reports to include certain items; requiring the designation of an independent certified public accountant by insurers; providing requirements for the independent certified public accountants; prohibiting use of indemnification agreements by independent certified public accountants performing certain audits; permitting mediation or arbitration agreements in certain circumstances; requiring audit to be performed in accordance with generally accepted auditing standards; requiring independent certified public accountants to report adverse financial condition of insurers; requiring independent certified public accountants to report material weaknesses regarding internal control of insurers; requiring independent certified public accountants to provide letter of qualifications; requiring that workpapers of independent certified public accountants be available for review by Insurance Commissioner; providing for requirements of audit committee; requiring certain conduct of insurer regarding preparation of reports and documents; providing requirements for conducting financial audits of Canadian and British insurers; requiring report from insurers regarding internal control over financial reporting; providing exemptions; and providing effective dates of provisions,"
With the recommendation that the committee substitute 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:
H. B. 3086, Permitting home incarceration supervisors to carry handguns in the course of their official duties,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3086 - "A Bill to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to permitting home incarceration supervisors to carry handguns in the course of their official duties, subject to meeting certain qualifications; establishing minimum qualifications and training which must be satisfied as a precondition; exempting home incarceration employees from having to obtain a concealed handgun permit, once so qualified, in order to carry a gun in the official course of his or her duties; and limitations,"
With the recommendation that the committee substitute 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:
H. B. 3011, Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program,
And reports the same back with the recommendation that it do pass.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry, and Labor and Economic Development and Small Business has had under consideration:
H. B. 2535, Creating a tax credit for certain solar energy systems,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2535) was 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. 384 - "A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to authority to control an emergency scene on state highways"; which was referred to the Committee on Roads and Transportation 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
S. B. 497 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3 and §15-14-4, all relating to the West Virginia Partnership to Promote Community Well-Being; designating the partnership as the single state planning authority for substance abuse prevention, intervention and recovery; setting forth powers and duties; establishing a special revenue account; and requesting authorization for partnership recommendations as to certain federal grants"; which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Lawrence, Argento, Beach, Blair, Brown, Cann, Cowles, Doyle, Duke, Ennis, Evans, Fleischauer, Givens, Guthrie, Hall, Iaquinta, Klempa, Kominar, Longstreth, Louisos, Mahan, Manchin, Overington, Paxton, Pethtel, Phillips, D. Poling, Reynolds, Rodighiero, Romine, Shaver, Skaff, Smith, Stowers, Susman, Swartzmiller, Tabb, Varner and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 41 - "Requesting the Governor's assistance in securing the future use of the MARC commuter train service in Jefferson and Berkeley counties."
Whereas, The MARC commuter train service to Washington, D.C. from Jefferson and Berkeley counties provides convenient and affordable transportation to some five hundred fifty West Virginia citizens each weekday; and
Whereas, Those West Virginia citizens employed in the Washington, D.C. area pay West Virginia payroll withholding taxes; and
Whereas, Those West Virginia citizens contribute some $40 million directly into the economy of Jefferson and Berkeley counties as well as the state as a whole; and
Whereas, The MARC commuter train service to Jefferson and Berkeley counties has been a valuable asset for economic health and development for those counties for the last two decades; and
Whereas, The MARC commuter train service to West Virginia has been subsidized by theMaryland taxpayers by the Maryland Road Fund; and
Whereas, The state of Maryland is experiencing significant budget problems and has required the Maryland Transit Administration to review it's future subsidy for the MARC commuter train service into West Virginia; and
Whereas, The Maryland Transit Administration in February, 2009 added an extra fee to the West Virginia citizens boarding the MARC train in West Virginia, amounting to $2.00 per trip, $20.00 per week and $80.00 per month; and
Whereas, After the imposition of the additional West Virginia ticket fees, a significant number of West Virginia citizens have stopped boarding the train in West Virginia and the total expected revenue from the ticket increase will not meet revenue expectations for the Maryland Transit Administration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests that the Governor provide support for MARC commuter train service to Jefferson and Berkeley counties; and, be it
Further Resolved, That the West Virginia Division of Highways is to have the MARC commuter train service to Jefferson and Berkeley counties be made part of the statewide Intermodal Transportation Plan for West Virginia; and, be it
Further Resolved, That the West Virginia Department of Transportation is to seek all available state and federal funds for the preservation and continuation of the MARC commuter train service; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor and the Secretary of Transportation of West Virginia.
Delegates Longstreth, Anderson, Armstead, Ashley, Azinger, Beach, Boggs, Border, Brown, Butcher Campbell, Cann, Caputo, Carmichael, Crosier, Duke, Eldridge, Ellem, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hamilton, Hatfield, Hunt, Hutchins, Klempa, Kominar, Mahan, Manypenny, Marshall, McGeehan, Michael, Miley, C. Miller, Moore, Morgan, Moye, Overington, Paxton, Perdue, Pethtel, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Shook, Shott, Skaff, Sobonya, Spencer, Staggers, Stephens, Stowers, Susman, Tabb, Talbott, Varner, Walker, Wells and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 42- "Urging the members of the West Virginia Congressional delegation to phase out Medicare's two-year waiting period so that persons under age sixty-five with Alzheimer's disease are eligible for Medicare immediately after receiving their determination of disability."
Whereas, The West Virginia Legislature recognizes that Alzheimer's disease is the twenty- first century's health epidemic; and
Whereas, The West Virginia Legislature recognizes that ten million baby boomers in the United States will develop Alzheimer's disease; and
Whereas, The Legislature of West Virginia recognizes that one in eight baby boomers in the United States will develop Alzheimer's; and
Whereas, People under age sixty-five with Alzheimer's disease or other dementia whose employment is terminated because of the disease are likely to lose job-related health insurance and may become uninsured and uninsurable; and
Whereas, Individuals with young-onset Alzheimer's disease who qualify for Medicare benefits under Social Security Disability Insurance (SSDI) must wait five months after the eligibility determination is made to start receiving SSDI benefits and twenty-four months after that date for Medicare benefits to start; and
Whereas, The Medicare waiting period causes many people with Alzheimer's disease to decide whether they will face high medical out-of-pocket expenditures for care or forgo medical care; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia requests the U.S. Congress to phase out Medicare's two year waiting period so that persons under age sixty-five with Alzheimer's disease are eligible for Medicare immediately after receiving their determination of disability; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to members of the West Virginia congressional delegation, the Speaker of the U.S. House of Representatives, the Majority Leader and Minority Leader of the U.S. House of Representatives and the Majority Leader and Minority Leader of the U.S. Senate.
Delegates Kominar, White, Moore, Talbott, Perdue, Perry, Staggers and Frazier offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Requesting the Division of Highways to name those northbound and southbound sections of U.S. Route 52 within West Virginia not already otherwise named by the Division for an individual or organization, in memoriam or otherwise, the 'Vietnam Veterans Highway'."
Whereas, Many brave sons and daughters of the State of West Virginia responded to the call of their community, their State, and their Nation to defend many of the values, ideals, and freedoms they held so dear by serving in our military during our nation's involvement in the Vietnam War; and
Whereas, Many of those brave sons and daughters also made the ultimate sacrifice to protect those values, ideals, and freedoms; and
Whereas, Over 145 years ago President Abraham Lincoln reminded the American people that from those who made the ultimate sacrifice, that this nation "take increased devotion to that cause for which they gave the last full measure of devotion that we here highly resolve that these dead shall not have died in vain"; and
Whereas, By now most Americans recognize that we got it wrong in not acknowledging the courage, the valor, and the commitment of the men and women of our Armed Forces who fought an unpopular war; and
Whereas, As a community, a state, and a nation, we must remain committed to work diligently to provide all our surviving warriors who returned home, and the families of our fallen, our missing from the Vietnam War with our full support; and
Whereas, In dedication to the memory of all the sons and daughters of the State of West Virginia who served in the Vietnam War, let us recommit ourselves to never forget their sacrifices; and
Whereas, Let us commit ourselves to renew our commitment to the values and ideals that have made this nation what it is today, the greatest nation in the world; and
Whereas, The naming of one of the State of West Virginia's most traveled highways, being U.S. Route 52, to honor in a small way all Vietnam veterans to remind thousands of motorists who travel that route every day of those sons and daughters of this great State who sacrificed so much for our community, state, and nation to protect our values, ideals, and freedoms; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name those northbound and southbound sections of U.S. Route 52 within West Virginia not already otherwise named by the Division for an individual or organization, in memoriam or otherwise, the "Vietnam Veterans Highway"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying those sections of U.S. Route 52 as the "Vietnam Veterans Highway"; 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.
Delegate Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 39 - "Proclaiming the importance of rail to West Virginia and supporting the continuation of balanced federal rail regulation."
Whereas, Railroads have long fueled the economic and social development of West Virginia, beginning in the 1850' s when rail connected West Virginia to the nation and extending to the present day. Railroads made it possible for West Virginia to power the nation with the delivery of coal which has fueled business and industry and provided heat and light for the homes of millions of Americans for over a century. Railroads today directly employ over 5,000 West Virginians in good paying jobs and support thousands of other jobs in countless other sectors of our economy; and
Whereas, Federal bureaucratic intrusion nearly decimated railroads in the 1960's and 1970's to the detriment of the people of West Virginia and the nation, but Congressman Harley Staggers of West Virginia authorized legislation, known as the Staggers Rail Act of 1980 and signed into law by President Jimmy Carter in 1980, which reformed regulations on rail and held railroads accountable while allowing them to grow and serve the people of West Virginia and all Americans. This Act made it possible for railroads of today to become the safest, most fuel efficient, cost effective and environmentally friendly means of moving freight. A train can move a ton of freight four hundred twenty-three miles on a single gallon of fuel and one train can carry the load of two hundred eighty trucks or more; and
Whereas, Continued expansion and revitalization of rail will reduce our dependence on foreign oil, lessen emissions of greenhouse gases, create jobs, lower transportation costs and improve the quality of life for all West Virginians and all Americans; therefore, be it
Resolved by the House of Delegates:
That the State of West Virginia supports preservation of today's balance rail regulations which hold rail accountable while allowing it to expand to meet the nations's needs; and, be it
Further Resolved, That the State of West Virginia supports federal policies, including investment tax incentives, that would help expand and revitalize West Virginia and the nation's freight rail system; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the members of the West Virginia delegation in Congress.
Petitions
Mr. Speaker, Mr. Thompson, presented a petition on behalf of residents of his district, expressing support of the Defense of Marriage Amendment; which was referred to the Committee on Constitutional Revision.
Delegates Givens and Ennis presented a petition on behalf of residents of their district, expressing support of the Defense of Marriage Amendment; which was referred to the Committee on Constitutional Revision.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Eldridge, Butcher, C. Miller, Barker, Hall, Rodighiero and Reynolds:

H. B. 3247 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-19, relating to requiring any person licensed to prescribe drugs within West Virginia pursuant to chapter thirty of this code, to check with the State Board of Pharmacy before initially prescribing certain drugs to a new patient to determine if said patient is engaging in doctor shopping"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Walker, Louisos, Smith, Hunt, Hall, Shaver and Skaff:

H. B. 3248 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting members of the West Virginia Senate and House of Delegates from requiring them to obtain a license to carry concealed deadly weapons throughout their terms of service"; to the Committee on the Judiciary.
By Delegates Armstead, Walters and Lane:

H. B. 3249 - "A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended, relating to the limiting the maximum distance a vehicle can drive in a center lane which is clearly marked as a left turn lane"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Ellem:

H. B. 3250 - "A Bill to amend and reenact §16-29-2 of the Code of West Virginia, 1931, as amended, relating to excluding indigent persons from receiving health care records free of charge when the indigent person is represented by an organization or an attorney that is charging a fee for such representation"; to the Committee on the Judiciary.
By Delegate Shott:

H. B. 3251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion by any person who has admitted to or who has been adjudicated to have committed medical malpractice; prescribing a criminal penalty for violations of this section; and providing that nothing in the section can be construed as approving the performance of an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Sumner:

H. B. 3252 - "A Bill to amend and reenact §17C-15-19 of the Code of West Virginia, 1931, as amended, relating to additional lighting and reflector equipment required on certain vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Manypenny and Beach:

H. B. 3253 - "A Bill to amend and reenact §8-12-18 of the Code of West Virginia, 1931, as amended, relating to municipal corporations; sale, lease or disposition of municipal property; and providing misdemeanor criminal penalty for failing to comply with law regarding sales, including automatic removal from office"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Manypenny, Beach, Frazier and Fleischauer:

H. B. 3254 - "A Bill to amend and reenact §8A-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring county commissions to adopt and implement county farmland protection programs"; to the Committee on Government Organization then the Judiciary.
By Delegates Webster, Moore, Caputo, Ellem, Fragale, M. Poling, Brown, Perdue, Lane and Fleischauer:

H. B. 3255 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5 and §37-6A- 6, all relating to residential rental security deposits; relevant definitions; security deposits; maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's noncompliance; application of article; security deposits prior to effective date of article"; to the Committee on the Judiciary.
By Delegates Perry, Moore, Marshall, Mahan, Guthrie, Williams, Kominar, Perdue and Moye:

H. B. 3256 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4 and §15-14-5, all relating to the West Virginia Partnership to Promote Community Well-Being; designating the partnership as the single state planning authority for substance abuse prevention, intervention and recovery; setting forth powers and duties; establishing a special revenue account; requesting authorization for partnership recommendations as to certain federal grants; creating a Medical Prescription Advisory Board to provide expertise on controlled substances to licensing boards and law-enforcement agencies during investigations of prescribers; establishing membership; and terms and responsibilities"; to the Committee on Health and Human Resources then the Finance.
By Delegates Marshall, Moore, Mahan, Guthrie, Perry, Kominar, Perdue and Moye:

H. B. 3257 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for nurses, social workers, dentists and hygienists"; to the Committee on Education then Finance.
By Delegates Doyle, Klempa and Guthrie:

H. B. 3258 - "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"; to the Committee on the Judiciary then Finance.
By Delegate Walters:

H. B. 3259 - "A Bill to amend and reenact §23-5-7 of the Code of West Virginia, 1931, as amended, relating to compromise and settlement of workers' compensation claims for permanent total disability; requiring the appointment of a guardian ad litem for claimants without lawyers; and providing for payment of fees by the Insurance Commissioner"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Longstreth, Sobonya, Barker, Lane, Klempa, Hartman and Armstead:

H. B. 3260 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of school instruction generally; requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents including the Bill of Rights before high school graduation; and requiring study of the historical, political and social environments at the time these documents were generated; prohibiting study of social problems, economics, foreign affairs, the United Nations, world government, socialism or communism until basic courses in American state and local geography and history are completed; and misdemeanor penalty"; to the Committee on Education.
By Delegate Butcher:

H. B. 3261 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-1-4 of said code; and to amend said code by adding thereto a new section, designated §17C-1-67, all relating to providing definitions for autocycle and motorcycle"; to the Committee on Roads and Transportation then Finance.
By Delegates Klempa, Guthrie, Kominar, Eldridge, Marshall, Perdue and Evans:

H. B. 3262 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-27-36 of said code, all relating to health care provider tax generally; providing a tax of five percent of the gross receipts of the tax payer until July 1, 2010; and allowing certain providers to reduce gross receipts by contractual allowances"; to the Committee on Finance.
By Delegates Overington, Carmichael, Sobonya and Sumner:

H. B. 3263 - "A Bill to amend and reenact §61-6-21 of the Code of West Virginia, 1931, as amended, relating to providing that all persons have the right to be free from violence without regard to the motivation behind the violence"; to the Committee on the Judiciary.
By Delegates Perry, Shook, Ashley, Michael, Hartman and Azinger:

H. B. 3264 - "A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to eliminating the doctrine of 'constructive exhaustion', as enunciated in Horace Mann Insurance Company v. Adkins, 215 W.Va. 297, 599 S.E.2d 720 (2004), relative to an insured's right to recover underinsured benefits from the insured's insurance carrier"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Kominar:

H. B. 3265 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended, relating to the electronic device takeback program; clarifying the definition of covered electronic device; clarifying that only manufacturers of devices sold to consumers must register with the Department of Environmental Protection; exempting certain covered electronic devices from coverage; and including certain electronic products as video display devices"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Morgan:

H. B. 3266 - "A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for accessory after the fact to certain crimes to a felony; establish penalty; and creating exceptions"; to the Committee on the Judiciary then Finance.
By Delegate Marshall:

H. B. 3267 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §62-1A-10 and §62-1A-11, all relating to searches of motor vehicles by law-enforcement officers; establishing criteria; and requiring rules"; to the Committee on the Judiciary.
By Delegates Perry, Moore, Marshall, Mahan, Guthrie, Williams, Kominar, Perdue, Fleischauer and Moye:

H. B. 3268 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1, §9-4E-2, §9-4E-3, §9-4E-4, §9-4E-5, §9-4E-6, §9-4E-7, §9-4E-8, §9-4E-9 and §9-4E-10, all relating to funding for community-based services and supports for individuals with disabilities; establishing the Long-Term Care Redistribution Act; providing definitions for certain terms; requiring the Department of Health and Human Resources to modify certain policies to improve community-based long-term services; to establish an appeals process; legislative oversight; and requiring legislative rules and establishing a time line"; to the Committee on Health and Human Resources then Finance.
By Delegate Lane:

H. B. 3269 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and §51-1B-14, all relating to creating an Intermediate Court of Appeals for each of the state's three congressional districts; qualifications and number of judges; electing judges to eight year terms; jurisdiction to hear cases; setting forth two court terms per year; permitting special terms; appointment of clerk and other employees; and salaries"; to the Committee on the Judiciary then Finance.
By Delegates Kominar, White and Boggs:

H. B. 3270 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5 and §11-6J-6; and to amend and reenact §11-15-8d and §11-15-9h of the Code of West Virginia, 1931, as amended, all relating to taxation, providing mandated salvage valuation of certain high technology businesses property, specifying short title; providing definition; specifying method for valuation of property; specifying initial determination by county assessor; specifying procedure for protest and appeal; specifying limitations on right to assert exemptions; exempting certain items installed into building or facility for direct use in specified business activity; providing definitions; specifying effective dates"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Wooton and Fleischauer:

H. B. 3271 - "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 and §11-13Z-4, all relating to creating a tax credit for certain solar energy systems; providing for restrictions of use; requiring public electric utilities to provide net metering service to customers; and requiring Tax Commissioner to promulgate rules for claiming and applying tax credit"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Perdue:

H. B. 3272 - "A Bill to amend and reenact §18A-4-1 and §18A-4-2 of the Code of West Virginia, 1931, as amended, all relating to state minimum salary schedules and additional definitions"; to the Committee on Education then Finance.
By Delegate Spencer:

H. B. 3273 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-2a, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-8a, §5-10E-9, §5-10E-9a, §5-10E-9b, §5-10E-9c, §5-10E-9d, §5-10E-10, §5-10E-11, §5-10E-12, §5-10E-13, §5-10E-14, §5-10E-15, §5-10E-16, §5-10E-17, §5- 10E-18, §5-10E-19, §5-10E-20, §5-10E-21, §5-10E-22, §5-10E-23, §5-10E-24, §5-10E-25, §5-10E- 26, §5-10E-27, §5-10E-28, §5-10E-29, §5-10E-30 and §5-10E-31, all relating to creating a new retirement system for West Virginia Correctional Officers"; to the Committee on Pensions and Retirement then Finance.
Today being Friday, the House of Delegates proceeded to the consideration of business on the Local Calendar.
Local Calendar
First Reading
H. B. 2050, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 74), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time.
On motion of Delegates Swartzmiller, Morgan, Ennis, Pethtel, Varner, Klempa, Ferro, Hutchins, McGeehan, Givens, Romine, Ireland, Anderson, Azinger, Ellem, Border and D. Poling the bill was amended on page two, section one, following line thirteen, by adding a new paragraph to read as follows:
"The Legislature requests that the Governor and the Secretary of Transportation seek support from West Virginia's congressional delegation for priority funding to make Route 2 from Hancock County to Cabell County a four-lane highway, to be completed by the year 2030."
There being no further amendments, the bill was then ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time and put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 75), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2050) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 76), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2050) 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.
Special Calendar
Third Reading
H. B. 2541, Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those 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. 77), and there were--yeas 91, nays 1, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Evans.
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2541) 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. 2742, Repealing outdated provisions from the WV Code relating to vinegars; 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. 78), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2742) 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. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems; 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. 79), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2968) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 80), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
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. 2968) 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.
H. B. 3083, Permitting blood donations by persons age sixteen with parental consent; 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. 81), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3083) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading
S. B. 329, Updating terms in Personal Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 410, Updating terms in Corporation Net Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2566, Expanding applicability of increased penalties for crimes against certain protected persons; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2690, Updating language pertaining to indemnity for the death of diseased or infected animals; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2836, School Innovation Zones Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 3158, Providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments; on second reading, coming up in regular order, was read a second time, advanced to third reading and the rule was suspended to permit the offering and consideration of amendments on that reading.
H. B. 3229, Relating to creation of the Science and Research Council; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
Com. Sub. for H. B. 3074, Allowing the Secretary of State to notify people with delinquent taxes by certified mail; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Miscellaneous Business
Delegate Armstead asked and obtained unanimous consent to be removed as a sponsor of H. B. 2882, Transferring authority over racing, boxing, charitable bingo, raffle, games and charitable lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control Commission.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Anderson, Cann, Doyle, Hatfield, Kominar, Mahan, Michael and Walters.
At 12:06 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 23, 2009.