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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Calendar | Special Calendar | Journal | Menu |

House Journal


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


__________*__________




Wednesday, February 18, 2009

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 Tuesday, February 17, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the introduction of a resolution.
Resolutions Introduced

     Mr. Speaker, Mr. Thompson, and Delegates Morgan, Craig, C. Miller, Reynolds, Sobonya, Stephens and Perdue offered the following resolution, which was read by the Clerk as follows:
     H. R. 10 - "Designating February 18, 2009, as 'Marshall University Day'."
     Whereas, Marshall University is one of the State's premier institutions of higher education; and
     Whereas, Marshall University educates more than 14,000 students at campus locations in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
     Whereas, Marshall University is building a national reputation for research in biotechnology, forensics and medicine through its College of Science and the Joan C. Edwards Schools of Medicine; and
     Whereas, Marshall University has established a goal of creating new, high-value job opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia's "Bucks for Brains" initiative; and
     Whereas, With every dollar the state invests in Marshall University, the University generates nearly $8 spent in the West Virginia economy, resulting in an estimated output generated by Marshall of $547 million per year; and
     Whereas, Earlier this month Marshall University opened a 123,000 square-foot recreation center that will improve the health of the Marshall community while increasing enrollment and retention at the university; and
     Whereas, Marshall University's engineering program moved closer to accreditation with the opening last fall of the Arthur Weisberg Family Engineering Laboratories; and
     Whereas, Also, last fall Marshall University opened 782-bed freshman residence halls that will meet the needs of students for many years to come; and
     Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing services to all 55 state counties providing expertise to more than 4,300 small and medium-sized manufacturers that employ more than 73,000 individuals across West Virginia; and
     Whereas, The Nick J. Rahall Transportation Institute of Marshall University is setting national standards in transportation; and
     Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
     Whereas, Marshall University alumni number more than 90 thousand across the globe; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby designates February 18, 2009, as "Marshall University Day"; and
     Further Resolved, That the House of Delegates hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 10) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

     Chairman Morgan, from the Committee on Government Organization submitted the following report, which was received:  
     Your Committee on Government Organization has had under consideration:
     H. B. 2309, Updating the law governing the practice of occupational therapy,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2309 - "A Bill to amend and reenact §30-28-1, §30-28-2, §30-28-3, §30-28-4, §30-28-5, §30-28-6, §30-28-7, §30-28-8, §30-28-9, §30-28-10, §30-28-11, §30-28-12, §30-28-13, §30-28-14, §30-28-15, §30-28-16, §30-28-17 and §30-28-18 of the Code of West Virginia, 1931, as amended, all relating to the practice of occupational therapy; providing definitions; setting forth the scope of practice of occupational therapy; prohibiting practice or use of titles unless licensed; removing the requirement for referral by a physician or other health care practitioner; setting forth supervision requirements for assistants and aides; clarifying qualifications to serve as a board member; providing that board members are not civilly liable for acts or omissions in performance of duties in good faith; setting forth powers and duties of the board; providing exemptions from licensure; clarifying qualifications for licensure; setting forth examination requirements; providing for licensure for applicants from other jurisdictions; clarifying conditions of limited permits and temporary licenses; providing for renewal, suspension and revocation of licenses; providing for refusal to renew licenses; providing for reinstatement of lapsed licenses; setting forth complaint procedures; establishing grounds for disciplinary actions; providing for hearing procedures and rights of appeal; providing rulemaking authority; providing for criminal investigations, proceedings and penalties; and establishing that a single act may constitute evidence of practice,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 2309) to the Committee on the Judiciary was abrogated.
     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. 2419, Providing inmates a reduction in sentence for completion of education and rehabilitation programs,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2419 - "A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931, as amended, relating to providing certain inmates a reduction in sentence for successful completion of education and rehabilitation programs,"
     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. 2567, Relating to filing agency rules with the Secretary of State under the Administrative Procedures Act,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 2567) was referred to the Committee on Finance.
Messages from the Executive

     The Clerk read the following communication from the Speaker, appointing members of the Select Committee on Federal Stimulus Utilization, which was filed in the Clerk's Office:
West Virginia House of Delegates

OFFICE OF THE SPEAKER

Charleston, WV 25305

February 17, 2009

Gregory M. Gray
Clerk, West Virginia House of Delegates
Room 212M
State Capitol Complex
Charleston, WV 25305
Dear Clerk Gray:
     I do hereby appoint the following as members of the Select Committee on Federal Stimulus Utilization:
          The Honorable Nancy Guthrie, Chair
          The Honorable Sam Cann
          The Honorable Tim Ennis
          The Honorable Clif Moore
          The Honorable Robert Schadler
                                   Sincerely,
                                   Richard Thompson,
                                    Speaker of the House.
     
Resolutions Introduced

     On motions for leave, Joint Resolutions were introduced, read by their titles and severally referred as follows:
     By Delegates Rodighiero, Eldridge and Reynolds:
     
H. J. R. 14 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
     And,
     By Delegates J. Miller, Overington, Lane, Sobonya, Blair, Porter, Schadler and Andes:
     
H. J. R. 15 - " Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section 1d, relating to a taxpayer's bill of rights intended to reasonably restrain the growth of government; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

     [By Request of the Executive]:
     
H. B. 2572 - "A Bill to amend and reenact §60-3A-2, §60-3A-2a, §60-3A-4, §60-3A-6, §60- 3A-7, §60-3A-8, §60-3A-10, §60-3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, as amended; and to amend said code by adding thereto a new section, designated §60-3A-10d, all relating to the classification of retail licenses for the sale of liquor; setting forth legislative findings; defining certain terms; authorizing the Alcohol Beverage Control Commissioner to issue retail licenses for the sale of liquor; establishing certain standards for the issuance of licenses within market zones; limiting the issuance of retail licenses to operate mixed retail liquor outlets; authorizing the commissioner to adopt certain standards for retail outlets; increasing the maximum percentage of retail licenses a person may own; providing a purchase option for active retail licensees seeking to operate a free standing liquor retail outlet; and providing for financing for the purchase of a retail license for a free standing liquor retail outlet"; to the Committee on Government Organization then the Judiciary.
By Delegates Caputo, Manchin and Longstreth:

     
H. B. 2573 - "A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to allowing quarterly payment of real and personal property taxes"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Guthrie, D. Poling, Butcher, Walker, Marshall and Argento:

     
H. B. 2574 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-10-1, §9-10-2, §9-10-3, §9-10-4, §9-10-5, §9-10-6 and §9-10-7, all relating to prohibiting certain nursing homes from using state funds for activities unrelated to the provision of health care services; and authorizing civil actions for enforcement; and authorizing civil penalties"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Duke and Blair:

     
H. B. 2575 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to providing an election for county commissions to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax increases to their residential property during their lifetimes"; to the Committee on the Judiciary then Finance.
By Delegates Duke, Doyle, Overington, Tabb and Blair:

     H. B. 2576 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for qualified health insurance policies provided by corporate employers to employees"; to the Committee
on Banking and Insurance then Finance.
By Delegates Duke, Tabb and Blair:      

     H. B. 2577
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-14c, relating to allowing a public school employee or retiree who was forced to miss work as a result of a pregnancy to purchase up to one year of service credit in the Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Duke, J. Miller, Blair, Overington, Doyle and Tabb:

     
H. B. 2578 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a ten percent cap on any increase in one year for periodic valuations and assessments of real and personal property"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Sumner, Duke, Stephens, Morgan, Longstreth, C. Miller and Craig:

     
H. B. 2579 - "A Bill to amend and reenact §20-5-18 and §20-5-19 of the Code of West Virginia, 1931, as amended, all relating to discounts at state parks for elderly and disabled persons; and providing that the fifty percent reduction for state park campground rental fees for elderly and disabled persons is applicable throughout the year"; to the Committee on Natural Resources then Finance.
By Delegates J. Miller, Andes, Carmichael, Porter, Blair, Ireland, Canterbury and Walters:

     
H. B. 2580 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-9a, relating to preparing the youth of West Virginia to succeed in life by providing them with an understanding of macroeconomics; directing the State Board of Education to develop a program of instruction on macroeconomics, emphasizing the basic principles of capitalism"; to the Committee on Education then Finance.
By Delegates Shook and Beach:

     
H. B. 2581 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to the composition of the Municipal Home Rule Board and the timetable and responsibilities of the Municipal Home Rule Pilot Program"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates J. Miller, Sobonya, Blair, Andes and C. Miller:

     
H. B. 2582 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-9d, relating to establishing a corporate tax credit up to fifty percent of the corporation's net income tax for contributions to scholarship funds"; to the Committee on Education then Finance.
By Delegates Sobonya, Reynolds, Rodighiero, Schoen, C. Miller and Staggers:

     
H. B. 2583 - "A Bill to amend and reenact §16-29-1 of the Code of West Virginia, 1931, as amended, relating to the release of a minor's medical records for drug testing to natural parent or legal guardian"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates J. Miller, Ashley and Evans:

     
H. B. 2584 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-25, relating to providing a deduction from personal income tax for amounts paid for certain health insurance plans not backed by a private employer or the government"; to the Committee on Banking and Insurance then Finance.
By Delegates Rodighiero, Eldridge and Stephens:

     H. B. 2585 - "A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to motor vehicle insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Rodighiero and Eldridge:

     H. B. 2586 - "A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to salary increase for regional jail authority employees of $5,000 paid over a three-year period"; to the Committee on the Judiciary then Finance.
By Delegates Reynolds and Stephens:

     
H. B. 2587 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to capping regional jail per diem charges at forty-eight dollars and ten cents per day, per inmate"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Hatfield, Moore and Rodighiero:

     
H. B. 2588 - "A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to providing only healthy beverages and healthy and nutritional snacks in the county school system"; to the Committee on Health and Human Resources then Education.
By Delegates Iaquinta, Hartman, Talbott, Perry and Tabb:

     
H. B. 2589 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to persons who do not qualify for professional certificates who are issued certificates to serve in the public schools as athletic coaches or other extracurricular activities coaches; and removing certain limitations on this service when certain conditions are met"; to the Committee on Education.
By Delegates Porter and Sumner:

     
H. B. 2590 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to requiring the Department of Health and Human Resources to maintain information for public dissemination relative to judicial bypasses to the requirement of parental notification relative to abortions performed on minors"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, Campbell, Canterbury and Crosier:

     
H. B. 2591 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-31-1; to amend said code by adding thereto a new article, designated §27-18-1; and to amend said code by adding thereto a new section, designated §49-7-35, all relating to annual adjustments of certain provider payments under agreements entered into under the provisions of chapters 16, 27 or 49 of this code, based on the nonseasonally-adjusted employment cost index issued by the United States Department of Labor"; to the Committee on

Government Organization then Finance.
By Delegates Perry and Beach:

     
H. B. 2592 - "A Bill to amend and reenact §2-2-1 of the Code of West Virginia,        1931, as amended, relating to making 'Good Friday' a legal holiday"; to the Committee on Government Organization then Finance.
By Delegates Sobonya, Sumner, Stephens, Reynolds, Rowan, Moore, Morgan and C. Miller:

     
H. B. 2593 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for driving under the influence causing death"; to the Committee on the Judiciary.
By Delegates Reynolds, Rodighiero and Eldridge:

     H. B. 2594 - "A Bill to amend and reenact §62-12-2 of the Code of West Virginia, 1931, as amended, relating to providing that persons convicted of certain drug related crimes must participate in a substance abuse counseling program to be eligible for probation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Staggers, Moye, Argento, Rodighiero, Hamilton, Crosier, Azinger, Rowan, D. Poling and Canterbury:

     
H. B. 2595 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to providing an exemption from gross income for members of volunteer fire departments for state personal income tax purposes"; to the Committee on Finance.
By Delegates Duke, Blair, Overington, Evans, Rowan and Tabb:

     
H. B. 2596 - "A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; prohibition against exclusion, modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; conditions permitting 'as is' sale of used motor vehicle; conspicuous disclosure of 'as is' sale; 'as is' sale does not waive express warranties made by dealer; dealer to conform to federal regulations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Duke, Blair and Overington:

     
H. B. 2597 - "A Bill to amend and reenact §24-6-2 of the Code of West Virginia, 1931, as amended, relating to making 911 emergency fees available to be used for both emergency and nonemergency calls"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Cann, Fragale, Kominar, Perry and Iaquinta:

     
H. B. 2598 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental notification requirements for abortions performed on unemancipated minors; providing that the circuit and family court have concurrent jurisdiction over the provisions of the article; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; allowing for appeal by the unemancipated minor to circuit court if matter is initially heard in family court; reporting requirements; providing remedies; specifying when notice is not required; providing penalties; and providing a severability clause"; to the Committee on the Judiciary.
By Delegates Carmichael and Walters:

     
H. B. 2599 - "A Bill to amend and reenact §18C-7-1, §18C-7-2, §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7 and §18C-7-8 of the Code of West Virginia, 1931, as amended, all relating to changing the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program; and establishing deferment and forgiveness conditions"; to the Committee on Education then Finance.
By Delegates Barker and Eldridge:

     
H. B. 2600 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to providing that lying to a deputy sheriff or municipal police officer who is conducting an investigation of a felony, is a misdemeanor"; to the Committee on the Judiciary.
By Delegates Argento, Eldridge, Shaver and Wells:

     
H. B. 2601 - "A Bill to amend and reenact §17C-16-5 of the Code of West Virginia, 1931, as amended, relating to allowing the Superintendent of the State Police to charge a one hundred dollar motor vehicle inspection facility application fee"; to the Committee on Roads and Transportation then Finance.
By Delegates Fleischauer, M. Poling, Hatfield, Hamilton, Brown, Tabb and Beach:

     
H. B. 2602 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35, §22-15A-36, §22-15A-37, §22-15A-38, §22-15A-39, §22-15A-40 and §22-15A-41, all relating to establishing a returnable beverage container deposit program; defining terms; expressing findings and purpose; requiring the use of returnable beverage containers; requiring the collection of deposits on returnable beverage containers; establishing program for the refund of deposits; requiring food and beverage establishments pay deposit on beverage containers when beverage is consumed on premises; requiring the Department of Environmental Protection operate the returnable beverage container program; requiring certification of redemption centers; establishing requirements for certification of redemption centers; providing for payment of deposit refunds and handling fees; establishing requirements for reverse vending machines; exempting deposit refunds from consumers sales and service tax and business and occupation tax; exempting deposits on containers from consumers sales and service tax and excluding deposits from business and occupation tax; and providing penalties and remedies"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Sobonya, Sumner, C. Miller, Rowan, Duke and Ellem:

     
H. B. 2603 - "A Bill to amend and reenact §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11 and §3-4A-11a of said code; to amend said code by adding thereto two new sections, designated §3-5-6a and §3-5-6b; to amend and reenact §3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code by adding thereto a new section, designated §3-6-2a; and to amend and reenact §51-2-1 of said code, all relating to the nonpartisan elections of justices of the West Virginia Supreme Court of Appeals and circuit court judges; timing and frequency of election; ballot design and printing; separation from partisan ballot; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content"; to the Committee on the Judiciary.
By Delegates Caputo, Rodighiero, Argento, Eldridge and Hutchins:

     
H. B. 2604 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7, §29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17, §29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26, §29-9-27 and §29-9-28, all relating to the public school employment relations act; stating legislative policy and purpose; defining certain terms; establishing a West Virginia public school employment relations board; providing for the composition of the board, the terms of its members, and the qualifications of the members; providing for the terms of the original appointees and the method of filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office and establishing a method of removal of board members; establishing procedural rules for meetings and requiring a quorum; providing for the payment of per diem and expenses for attendance by board members; providing for the organization of the board, the powers and duties of the board, the employment of staff and the location of offices; granting authority to the board to promulgate rules; defining employee and employer rights; providing for the election of exclusive representatives by public school employees; establishing criteria for determining the appropriateness of an employee unit for purposes of collective bargaining; establishing procedures for representation elections and decertification of certified representatives; establishing the scope of bargaining subjects as to which agreement may be reached; providing for written agreements; providing that all written agreements involving costs are subject to appropriations by the appropriate legislative or governing body; limiting the duration of agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining; prohibiting strikes by public school employees; providing remedies for prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair share fee payments and protections for fee payors; requiring financial reports, public records and lists of employee organizations and exclusive representatives; and setting forth when the article shall take precedence and when it shall be inoperative"; to the Committee on Education.
By Delegates Ennis, Swartzmiller, Pethtel, Perdue, Hatfield, Ashley and Border:

     
H. B. 2605 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; and to amend said code by adding thereto a new section, designated §33-25A-8i, all relating to requiring accident and sickness insurance providers and health maintenance organizations to cover the treatment for Lyme Disease"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Campbell, Argento, Boggs, Williams, Mahan and Sumner:

     
H. B. 2606 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-16A-6a, relating to exempting county school boards of education school buses from paying tolls for transit over the West Virginia Turnpike or any parkways authority project"; to the Committee on Finance.
By Delegates Boggs, Perdue, Ashley and Barker:

     
H. B. 2607 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended, relating to increasing penalties for financial exploitation of an elderly person or incapacitated adult"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Moore, Rowan, C. Miller, Reynolds and Ellem:

     
H. B. 2608 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating a person for less than twenty-four hours one-half the amount charged for incarcerating an inmate for a full day."; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Fragale, Ellem, Azinger, Longstreth and Manchin:

     
H. B. 2609 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to railroad employees; and establishing criminal penalties for interfering with medical treatment of a railroad employee injured during the course of employment"; to the Committee on the Judiciary.
By Delegates Boggs, Eldridge, Stephens, Barker, Carmichael, Kominar, Rowan, Sumner and Armstead:

     
H. B. 2610 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to prohibiting state funding of abortions"; to the Committee on the Judiciary.
By Delegates Sobonya, Moye, C. Miller and Reynolds:

     
H. B. 2611 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent by both parents, and providing for a penalty"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sobonya, Reynolds, Morgan, Miller, C. Stephens and Duke:

     H. B. 2612 - "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for failing to report child abuse"; to the Committee on the Judiciary.
By Delegates Sobonya, Longstreth, Stephens, Rowan, Morgan, C. Miller and Reynolds:

     H. B. 2613 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8D-1a, relating to prohibiting any law enforcement or other official from interfering in the service of a warrant in child abuse investigations; and providing a penalty for violations including dismissal or forfeiture of office"; to the Committee on the Judiciary.
By Delegates Sobonya, Rowan, C. Miller and Reynolds:

     H. B. 2614 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to prohibiting school employees from counseling, referring, transporting or assisting any student to obtain an abortion; providing a violation of the section is a misdemeanor; and providing that nothing in the section may be construed as approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Armstead and Schadler:

     H. B. 2615 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing discounted motor vehicle registration fees for members of volunteer fire departments"; to the Committee on Roads and Transportation then Finance.
By Delegates J. Miller and D. Poling:

     H. B. 2616 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to removing extraneous language regarding the limitation of exotic entertainment by county commissions"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Caputo, D. Poling, Duke, Crosier, Paxton, Manchin and Boggs:

     
H. B. 2617- "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-2-53, relating to the waiver or reimbursement of tuition and fees for members of the West Virginia State Police attending institutions of higher education"; to the Committee on Education then Finance.
By Delegates Caputo, Boggs, D. Poling and Spencer:

     H. B. 2618 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time when they are required to be on standby to be called back to work"; to the Committee on Finance.
By Delegates Moye, Sumner, Stephens and Rodighiero:

     H. B. 2619 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting existing churches from paying tax on propane and other forms of heating oil used for heating their church buildings"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Paxton, Caputo, Stephens and Moye:

     H. B. 2620 - "A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to school service personnel; and increasing the pay grade of cafeteria managers"; to the Committee on Education then Finance.
By Delegates Guthrie, Hatfield, Shook, Miley, Webster and Martin:

     H. B. 2621 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; definitions; misdemeanor criminal penalties; and, limitation of enforcement"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Rodighiero, Barker and Eldridge:

     
H. B. 2622 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes"; to the Committee on Finance.
By Delegates Ennis, Argento, Swartzmiller, Shaver and Williams:

     H. B. 2623 - "A Bill to amend and reenact §20-2-42n and §20-2-42p of the Code of West Virginia, 1931, as amended, all relating to allowing unused Class RG and RRG deer stamps to be used to hunt and take antlerless deer during the appropriate season"; to the Committee on Natural Resources then the Judiciary.
By Delegates Longstreth, Guthrie, Manchin, Eldridge and Fragale:

     H. B. 2624 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to calculation of West Virginia adjusted gross income for personal income tax purposes; subtracting social security benefits from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes"; to the Committee on Finance.
By Delegates Evans, Rowan, Canterbury, Staggers, Tabb, Doyle and Azinger:

     H. B. 2625 - "A Bill to amend and reenact §11-1A-10 of the Code of West Virginia, 1931, as amended, relating to taxation of farm property; and providing that certain aged and disabled property owners are classified as engaged in farming"; to the Committee on Agriculture then Finance.
By Delegates Perdue, Walters, Eldridge and Hatfield:

     H. B. 2626 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-25G-1, §33-25G-2, §33-25G-3, §33-25G-4, §33-25G-5, §33-25G-6, §33-25G-7, §33-25G-8, §33-25G-9, §33-25G-10, §33-25G-11, §33-25G-12, §33-25G-13 and §33-25G-14, all relating to pharmacy benefit managers; requiring licensure, providing requirements for license application; defining terms; requiring certain disclosures; establishing fees; requiring retention of records; providing for annual statement; authorizing access to records; establishing special revenue account; requiring certain information be maintained as confidential; establishing criminal and civil penalties for violations; authorizing proposal of rules; requiring annual report to the Legislature and Governor; and setting effective date"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rodighiero, Reynolds, Eldridge and Stephens:

     H. B. 2627 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-8b of said code, all relating to permitting members of volunteer fire departments to participate in the state's public employees insurance plan; adding to the definitions of employer and employee; and authorizing the payment of the costs of the insurance coverage"; to the Committee on Banking and Insurance then Finance.
By Delegates Hamilton, Evans, Longstreth, Talbott, Porter, Varner and Ellem:

     H. B. 2628 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to concealed weapons generally; clarifying the scope of a concealed weapons permit; and restricting public access to concealed weapons permit records"; to the Committee on the Judiciary.
By Delegates Perdue, Carmichael and Armstead:

     
H. B. 2629 - "A Bill to amend and reenact §11-11-38 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15-9 of said code, all relating to estate taxes and the consumers sales and service tax; and providing exemptions therefrom when an infant dies before reaching one year of age"; to the Committee on the Judiciary then Finance.
By Delegates Hartman, Perry, Beach, Martin, Hatfield and Crosier:

     H. B. 2630 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the issuance of special license plates for registered nurses and licensed practical nurses; and assessing a special initial application fee and a special annual fee for the license plate"; to the Committee on Roads and Transportation then Finance.
By Delegates Eldridge, Rodighiero, Stephens, Perry, Paxton, Shaver and Argento:

     H. B. 2631 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-9-1, §29-9-2, §29-9-3, §29-9-4, §29-9-5, §29-9-6, §29-9-7, §29-9-8, §29-9-9, §29-9-10, §29-9-11, §29-9-12, §29-9-13, §29-9-14, §29-9-15, §29-9-16, §29-9-17, §29-9-18, §29-9-19, §29-9-20, §29-9-21, §29-9-22, §29-9-23, §29-9-24, §29-9-25, §29-9-26, §29-9- 27 and §29-9-28, all relating to the public school employment relations act; stating legislative policy and purpose; defining certain terms; establishing a West Virginia Public School Employment Relations Board; providing for the composition of the board, the terms of its members, and the qualifications of the members; providing for the terms of the original appointees and the method of filling vacancies; limiting eligibility of board members for reappointment; requiring an oath of office and establishing a method of removal of board members; establishing procedural rules for meetings and requiring a quorum; providing payment for per diem and expenses of board members; creating the board, providing powers and duties of the board, the employment of staff and the location of offices; granting authority to the board to promulgate rules; defining employee and employer rights; providing for the election of exclusive representatives by public school employees; establishing criteria for determining the appropriateness of an employee unit for purposes of collective bargaining; establishing procedures for representation elections and decertification of certified representatives; establishing the scope of bargaining subjects as to which agreement may be reached; providing for written agreements; providing that all written agreements involving costs are subject to appropriations by the appropriate legislative or governing body; limiting the duration of agreements to three years; providing for mediation and arbitration to resolve impasses in bargaining; prohibiting strikes by public school employees; providing remedies for prohibited strikes; defining prohibited practices; establishing a method of payroll deductions, fair share fee payments and protections for fee payors; requiring financial reports, public records and lists of employee organizations and exclusive representatives; and setting forth when the article takes precedence and when it is inoperative"; to the Committee on Education then the Judiciary.
By Delegates Porter and Sumner:

     H. B. 2632 - "A Bill to amend and reenact §17-16A-6, §17-16A-7, §17-16A-10, §17-16A-11, §17-16A-21, §17-16A-22, §17-16A-23 and §17-16A-25 of the Code of West Virginia, 1931, as amended, all relating to modifying the West Virginia Parkways, Economic Development and Tourism Authority's power and authority to charge tolls and issue bonds; and to transfer duties and responsibilities of the Parkways, Economic Development and Tourism Authority to the Division of Highways"; to the Committee on Government Organization then Finance.
By Delegates Marshall, Hatfield Miley and Moore:

     H. B. 2633 - "A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating to special equipment installed in a motor vehicle for the use of a person with physical disabilities; and excluding the equipment from the sales and use tax and its value when determining the value of the vehicle for imposition of the tax on the privilege of effecting the certification of the title of the vehicle"; to the Committee on Roads and Transportation then Finance.
By Delegates Craig, Michael, Tabb, Armstead and Azinger:

     H. B. 2634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims; judicial actions involving silica and asbestos exposure; providing for fair and efficient judicial consideration of personal injury and wrongful death arising out of asbestos or silica exposure and ensuring individuals who suffer impairment now or in the future for illnesses caused by exposure to asbestos or silica receiving compensation for their injuries"; to the Committee on the Judiciary.
By Delegates Eldridge, Rodighiero, Campbell, Staggers, Marshall and Stephens:

     H. B. 2635 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to allowing a federal adjusted gross income deduction for the amount spent for medical expenses"; to the Committee on Finance.
By Delegates Rodighiero, Stephens and Reynolds:

     H. B. 2636 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-8a, relating to requiring facilities providing abortions to obtain parental notification or consent in writing by the parent or by a notarized parental notification or consent form; and providing penalties"; to the Committee on the Judiciary.
By Delegates Eldridge, Klempa, Rodighiero, Williams, Barker, Argento, Sobonya and Paxton:

     H. B. 2637 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-8b, relating to requiring that all state high schools provide a course in archery safety for hunters"; to the Committee on Natural Resources then Education.
By Delegates Rodighiero, Barker, Staggers, Fleischauer and Eldridge:

     H. B. 2638 - "A Bill to amend and reenact §31-20-31 of the Code of West Virginia, 1931, as amended, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program only for qualified inmates sentenced to a regional jail facility and not awaiting transfer to a state correctional facility; and specifying minimum requirements for the program"; to the Committee on the Judiciary then Finance.
By Delegates Campbell, Paxton, Williams, Tabb, Spencer, Perry and Beach:

     H. B. 2639 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931, as amended, relating to reimbursement of teachers for courses completed toward certification renewal and additional endorsement; removing division between these areas of funds appropriated for reimbursements; and limiting the number of courses for which certain reimbursement may be paid per certain period, year and lifetime"; to the Committee on Education then Finance.
By Delegates Caputo, Mahan, Boggs, Longstreth, Fragale and Barker:

     H. B. 2640 - "A Bill to amend and reenact §22B-4-1 of the Code of West Virginia, 1931, as amended, relating to increasing the number of appointments to the Surface Mine Board by one member; and requiring that the additional member is appointed from a list submitted by the major union representing coal miners to represent the view point of the working miners"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Sobonya, Sumner, Longstreth, Moore, Reynolds, C. Miller and Rowan:

     
H. B. 2641 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-1-1b, relating to requiring the Commissioner of Corrections to keep track of repeat offenses committed by persons convicted of sexual offenses against children"; to the Committee on Government Organization then the Judiciary.
By Delegates Wells, Hatfield, Guthrie, Brown, Spencer and Lane:

     H. B. 2642 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to reverting the 911 fee on wireless telephones from three dollars to seventy- five cents; and reverting the distribution formula for 911 fees to a pro rata share of total fee revenues"; to the Committee on Finance.
By Delegates Hutchins, Overington, Andes, Doyle and Azinger:

     H. B. 2643 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-13-1, relating to prohibiting the naming of a publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers; and assessing personal liability for violations"; to the Committee on Government Organization then the Judiciary.
By Delegates Eldridge, Rodighiero, Longstreth, Staggers, Campbell, Marshall and Stephens:

     H. B. 2644 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the establishment of new methadone treatment programs and clinics in this state except for programs and clinics operated by comprehensive community mental health centers; requiring all private and community mental health center methadone treatment programs to monitor each patient's pharmacy registry each month"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Rodighiero, Stephens, Eldridge and Martin:

     H. B. 2645 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to providing one-time supplements to all annuitants when they reach the age of seventy"; to the Committee on Pensions and Retirement then Finance.
By Delegates Rodighiero and Eldridge:

     H. B. 2646 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended, relating to defining the term "Medicare Advantage Prescription Drug Plan" in the Public Employees Insurance Act"; to the Committee on Health and Human Resources then Finance.
By Delegates Rodighiero, Eldridge, Moore, Barker, Staggers, D. Poling and Caputo:

     
H. B. 2647 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the establishment of methadone treatment programs and clinics in this state except for programs and clinics operated by comprehensive community mental health centers"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Perdue, Boggs, Hatfield, Campbell, Mahan, Hamilton, Michael and Morgan:

     H. B. 2648 - "A Bill to amend and reenact §5-16-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-16B-11; to amend and reenact §9-5-15 of said code; to amend said code by adding thereto a new article, designated §16-29J-1, §16-29J-2, §16-29J-3, §16-29J-4 and §16-29J-5; and to amend said code by adding thereto a new section, designated §33-4-1a, all relating to protecting prescriber identifiable information in the same manner as individually identifiable health information"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Wells, Iaquinta and Argento:

     H. B. 2649 - "A Bill to amend and reenact §5A-7-11 of the Code of West Virginia, 1931, as amended, relating to confidential records"; to the Committee on Government Organization then the Judiciary.
By Delegates Porter, Overington, Azinger, J. Miller, Border, Schadler, Sobonya, C. Miller and Blair:

     H. B. 2650 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to eliminating the sales tax on food effective July 1, 2009"
; to the Committee on Finance.
By Delegates Talbott, Argento, Pethtel, Swartzmiller, Tabb, Beach, Williams, Anderson, Evans, Schoen and C. Miller:

     
H. B. 2651 - "A Bill to repeal §19-10-1, §19-10-2, §19-10-3, §19-10-4, §19-10-5, §19-10-6, §19-10-7, §19-10-8, §19-10-9, §19-10-10, §19-10-11, §19-10-12 and §19-10-13 of the Code of West Virginia, 1931, as amended; relating to male breeding animals"; to the Committee on Agriculture then the Judiciary.
By Delegates Talbott, Argento, Pethtel, Swartzmiller, Tabb, Beach, Williams, Anderson, Evans, Schoen and C. Miller:

     
H. B. 2652 - "A Bill to repeal §19-2G-1, §19-2G-2, §19-2G-3, §19-2G-6, §19-2G-7, §19- 2G-9 and §19-2G-10 of the Code of West Virginia, 1931, as amended; relating to the tree fruit industry self-improvement act of 1984"
; to the Committee on Agriculture then the Judiciary.
By Delegates Webster, Brown, Barker, Frazier, Hunt, Michael, Miley, Morgan, Perry and Reynolds:

     
H. B. 2653 - "A Bill to amend and reeanct §62-1-5a of the Code of West Virginia, 1931, as amended, relating to authorizing use of citations in lieu of arrest warrants for certain offenses"; to the Committee on the Judiciary.                                     
By Delegates Webster, Boggs, Campbell, Eldridge, Fragale, Hutchins, Manchin, Perry, Schadler, Tabb and White:

     H. B. 2654 - "A Bill to amend and reenact §31-20-10a of the code of West Virginia, 1931, as amended; relating to allocation of costs for housing inmates who are transferred to the custody of the division of corrections"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

     Com. Sub. for H. B. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff; 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. 3), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent And Not Voting: Brown, Carmichael, Ellem, Lane, McGeehan 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. 2305) 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. 2306, Relating to impersonation of a public official or employee; 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. 4), 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: Carmichael, Ellem, Lane, McGeehan 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. 2306) passed.
     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 Carmichael, Ellem, Lane, McGeehan and Walters.
     At 11:56 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 19, 2009.

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