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House Journal


Day 00 (01-14-2009)
Day 01 (02-11-2009)
Day 02 (02-12-2009)
Day 03 (02-13-2009)
Day 06 (02-16-2009)
Day 07 (02-17-2009)
Day 08 (02-18-2009)
Day 09 (02-19-2009)
Day 10 (02-20-2009)
Day 13 (02-23-2009)
Day 14 (02-24-2009)
Day 15 (02-25-2009)
Day 16 (02-26-2009)
Day 17 (02-27-2009)
Day 20 (03-02-2009)
Day 21 (03-03-2009)
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Day 23 (03-05-2009)
Day 24 (03-06-2009)
Day 27 (03-09-2009)
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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)
hdj2009-02-20-10


__________*__________




Friday, February 20, 2009

TENTH 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, February 19, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 2069, Increasing the faculty senate allotment for classroom teachers and librarians,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 2069) to the Committee on Finance 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. 2504, Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2504 - "A Bill to amend and reenact §15-3A-7 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new article, designated §15-3B-1, §15-3B-2, §15-3B-3, §15-3B-4, §15-3B-5, and §15-3B-6 of said code, all relating to the establishment of an alert system for missing cognitively impaired persons,"
     With the recommendation that the committee substitute do pass.
Resolutions Introduced

     Delegate Beach offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 9 - "Urging Congress to implement the Homeowners and Bank Protection Act."
     Whereas, The onrushing financial crisis engulfing home mortgages, debt instruments of all types and the banking system of the United States threatens to set off an economic depression worse than the 1930's; and
     Whereas, Millions of American citizens are threatened with foreclosure and loss of their homes over the upcoming months, according to studies released by Realty Trac and Moody's Economy.com; and
     Whereas, This financial crisis is now threatening the integrity of both state and federally chartered banks, as typified by the run on deposits of Countrywide Financial in California during the month of August 2008; and
     Whereas, A banking collapse would wipe out the life savings of American citizens, and drastically undermine the economic stability of our states and cities; and
     Whereas, This crisis is such that it requires emergency action that only the United States Congress has the capability to enact. Congress must move quickly to keep people in their homes and avert social upheaval; and
     Whereas, Congressional action must include the following:
     (1) Congress must establish a federal agency to place the federal and state chartered banks under protection, freezing all existing home mortgages for a period of months or years which would be required to adjust the values to fair prices and restructure existing mortgages for a period of months or years which would be required to adjust the values to fair prices, and restructure existing mortgages at appropriate interest rates. Further, this action would also write off all of the speculative debt obligations of mortgage backed securities, derivatives, and other forms of Ponzi Schemes that have brought the banking system to the point of bankruptcy, and
     (2) During the transitional period, all individual homeowner foreclosures shall be frozen, allowing American families to retain their homes. Monthly payments, the equivalent of rental payments, shall be made to designated banks, which can use the funds as collateral for normal lending practices, thus recapitalizing the banking systems. Ultimately, these affordable monthly payments will be factored into new mortgages reflecting the deflating of the housing bubble, and the establishment of appropriate property valuations, and reduced fixed mortgage interest rates. This adjustment will take several years to achieve, in the interim period no homeowner shall be evicted from his or her property, and the federal and state chartered banks shall be protected so they can resume their traditional functions, serving local communities, and facilitating credit for investment in productive industries, agriculture, infrastructure, and other prudent financing needs, and
     (3) State Governors shall assume the administrative responsibilities for implementing the program, including the "rental" assessments to designated banks, with the federal government providing the necessary credits and guarantees to assure the successful transition; and
     Whereas, In a similar financial crisis in the 1930's, President Franklin D. Roosevelt intervened to protect banks and homeowners, for example, in April, 1933, he introduced legislation as a "declaration of national policy...that the broad interests of the Nation require that special safeguards should be thrown around home ownership as a guarantee of social and economic stability..."; therefor, be it
     Resolved by the Legislature of West Virginia:
     That we hereby endorse the Homeowners and Bank Protection Act of 2007; and, be it
     Further Resolved, That a copy of this resolution shall be forwarded to members of the West Virginia Delegation to Congress and also be delivered to the President of the United States for immediate implementation.
     On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Schoen, Lane, Carmichael, Sobonya, Sumner, Walters, Canterbury, J. Miller and Andes:

     
H. J. R. 16 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article three thereof, relating to prohibiting the taking of private property for private use; 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 the Judiciary.
      Mr. Speaker, Mr. Thompson, and Delegates Ashley, Beach, Boggs, Brown, Caputo, Doyle, Ferro, Fleischauer, Frazier, Guthrie, Hall, Hatfield, Kominar, Louisos, Mahan, Marshall, Martin, Michael, Moore, Morgan, Pethtel, Phillips, Skaff, Spencer, Staggers, Stephens, Varner, Walker, Wells and Wooton offered the following resolution, which was read by the Clerk as follows:      H. R. 11 - "Designating February 20, 2009, as 'Civil Rights Pioneer J. R. Clifford Day'."
     Whereas, West Virginia Civil Rights Pioneer John Robert "J.R." Clifford was born in 1848 on a farm near Moorefield, West Virginia, and at the age of 16 enlisted in the 13th Regiment of the Union Army, fought in the civil war and is buried in Arlington Cemetery; and
     Whereas, J. R. Clifford taught school in Wheeling, Harpers Ferry, and Martinsburg; and
     Whereas, In 1882, Clifford founded the longest running national African American newspaper at that time, the Pioneer Press, and became active in state and national African American politics; and
     Whereas, Clifford "read law" in a local attorney's office in Martinsburg and in 1887 was admitted to practice before the West Virginia Supreme Court of Appeals, becoming West Virginia's first African American lawyer; and
     Whereas, In 1892, Clifford represented Carrie Williams, an African American schoolteacher, in a landmark West Virginia civil rights case from Coketon in the Blackwater Canyon region of Tucker County, in Williams v. Board of Education; and
     Whereas, The Williams case established the right of the children of African American workers in Tucker County coal mines and coke ovens, and all African American schoolchildren in West Virginia, to school terms of equal length as those enjoyed by white children and also established the right of African American schoolteachers in West Virginia to equal pay. A right that over the decades led to a remarkable level of excellence in West Virginia's public segregated colleges for African Americans prior to 1954; and
     Whereas, The Williams case was a first in American jurisprudence and played an important role in establishing West Virginia as a State where African Americans could exercise rights and opportunities in education, voting and jury service that translated into political and economic power; and
     Whereas, The exercise of these rights and this kind of power by African Americans after the Civil War, in West Virginia and elsewhere, led to the emergence of a new level of African American educational, civic, religious, business, academic and political leadership that became the crucible of the civil rights movement of the 20th Century, which crystallized its vision at the Niagara Movement meeting at Harpers Ferry, West Virginia in August of 1906; and
     Whereas, The United States Postal Service recognized J. R. Clifford as one of this Nation's most important Civil Rights Pioneers on its February 2009 Commemorative Stamp set; therefore, be it
     Resolved by the House of Delegates:
     
That the House of Delegates hereby designates February 20, 2009, as "Civil Rights Pioneer J. R. Clifford Day" and encourages all citizens to join us in this observance; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the J. R. Clifford Project.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 11) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Barker, Eldridge, Fleischauer, Guthrie, Mahan, Moore, Moye, Perry, Rodighiero, Shaver and Staggers:

     H. B. 2688 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to prohibiting magistrates from imposing more than one court cost fee per hearing; and prohibiting magistrates from imposing multiple court cost fees if the resolution of a matter requires more than one hearing"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, C. Poling, Fragale, Spencer, Schadler and Rowan:

     H. B. 2689 - "A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-15-8d; and to amend said code by adding thereto a new section, designated §33-3-34, all relating to dedicating a new twenty one hundredths of one percent surcharge on the policyholder of any fire insurance policy or casualty insurance policy issued in this state to defray costs incurred by qualified volunteer and part volunteer fire companies and departments that provide benefits to their members under a qualified Length of Service Awards Program"; to the Committee on Banking and Insurance then Finance.
By Delegates Talbott, Argento, Pethtel, Swartzmiller, Tabb, Beach, Williams, Anderson, Evans, Schoen and C. Miller:

     H. B. 2690 - "A Bill to amend and reenact §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34 and §19-9-34a of the Code of West Virginia, 1931, as amended, all relating to updating language pertaining to indemnity for the death of diseased or infected animals; deleting outdated amounts paid to appraisers and arbitrators for services rendered; and disposing of dead domesticated animals"; to the Committee on Agriculture then the Judiciary.
By Delegates Morgan, Stephens, Argento, Cann and C. Miller:

     
H. B. 2691 - "A Bill to repeal §5-1D-11 of the Code of West Virginia, 1931, as amended; to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of said code; to repeal §5A-3-57 of said code; to repeal §5A-3C-16 of said code; to repeal §5A-8-15a of said code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 of said code; to repeal §7-4-6a of said code; to repeal §9A-1-2a of said code; to repeal §10-5-6 of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal §15-2E-8 of said code; to repeal §16-1-13a of said code; to repeal §16-4C-5a of said code; to repeal §16-5P-15 of said code; to repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said code; to repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code; to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of said code; to repeal §18-9D-18 of said code; to repeal §18-10C-3 of said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code; to repeal §18B-16-6b of said code; to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11 of said code; to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21 of said code; to repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of said code; to repeal §21A-2-9 of said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4 of said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal §23-5-17 and §23-5-18 of said code; to repeal §24-1-10 of said code; to repeal §25-1-2 of said code; to repeal §25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5, §25-6-6 and §25-6-7 of said code; to repeal §29-1-1b of said code; to repeal §29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal §29-3-31 of said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of said code; to repeal §29-21-3a of said code; to repeal §29-22-26 of said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal §30-6-32 of said code; to repeal §30-7-17 of said code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal §30-8-11 of said code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said code; to repeal §30-13A-37 of said code; to repeal §30-14-16 of said code; to repeal §30-20-15 of said code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to repeal §30-23-30 of said code; to repeal §30-30-14 of said code; to repeal §30-31-15 of said code; to repeal §30-32-22 of said code; to repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to repeal §31-16-5 of said code; to repeal §31A-3-5 of said code; to repeal §33-48-11 of said code; to repeal §48-18-134 of said code; to repeal §48-26-1102 of said code; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §9-4-3 of said code; to amend and reenact §16-1-16 of said code; to amend and reenact §17-16A-3 of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22-25-13 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; to amend and reenact §30-30-3 of said code; to amend and reenact §47A-1-1 of said code, all relating to removing outdated, ineffective and nonimplemented code sections"; to the Committee on Government Organization then the Judiciary.
By Delegate Guthrie:

     H. B. 2692 - "A Bill to amend and reenact §5A-3-48 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of Administration to promulgate rules for travel reimbursement equal to the federal standard mileage rate"; to the Committee on Government Organization then Finance.
By Delegates Phillips, Lawrence, Hall, Ross, Givens, Frazier and Stowers:

     H. B. 2693 - "A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include testing for illegal drugs in newborns"; to the Committee on the Judiciary then Finance.
By Delegates Boggs, Webster, Iaquinta, Ferro, Wooton, Schoen, Tabb, Fleischauer, Schadler, Hamilton and Hutchins:

     H. B. 2694 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-401a, relating to modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces; requiring that any such order is only a temporary order; allowing the review of the temporary order to take precedence; shifting the burden of proof to the nondeploying parent or guardian for a final order; and setting forth definitions"; to the Committee on the Judiciary.
By Delegate Brown:

     H. B. 2695 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended, relating to providing criminal penalties for a hunter who fails to render aid to a person the hunter shoots while hunting; and providing reporting requirements"; to the Committee on Natural Resources then the Judiciary.
By Delegates Staggers, Azinger and Louisos:

     H. B. 2696 - "A Bill to amend and reenact §30-7-6 of the Code of West Virginia, 1931, as amended, relating to authorizing persons who are emergency medical technician-paramedics with a minimum of five years active service in West Virginia who are also licensed as practical nurses to apply to obtain a license to practice registered professional nursing"; to the Committee on Government Organization then the Judiciary.
By Delegates Boggs, Argento, Beach, Givens, Martin, Michael, Perry, Ross and Walker:

     H. B. 2697 - "A Bill to amend and reenact §24A-2-2a of the Code of West Virginia, 1931, as amended, relating common carriers by motor vehicles in the business of towing; towing of motor vehicles without the consent of the owner or operator; requiring a written agreement between the owner of private property and the towing operator to be filed with the Public Service Commission; requiring notification of the towing to local law-enforcement agencies; requiring common carriers by motor vehicles in the business of towing to accept use of credit or debit cards under certain conditions; and providing when storage fees may apply"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Boggs, Argento, Beach, Givens, Martin, Michael, Perry and Walker:

     H. B. 2698 - "A Bill to amend and reenact §24B-5-3 of the Code of West Virginia, 1931, as amended, relating to pipeline companies paying a special license fee to the Public Service Commission; increasing the maximum amount of revenue from $300,000 per annum to $400,000 per annum"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Eldridge, Perry, Stowers, Klempa, Barker, Marshall, Martin, Beach, Lawrence, Argento and Hall:

     H. B. 2699 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-22a, relating to establishing breeding restrictions for aggressive or vicious dogs"; to the Committee on Agriculture then the Judiciary.
By Delegates Overington, Duke, Lane, Andes, J. Miller, Canterbury, Barker, Cowles, Rowan, Walters and Miley:          

     H. B. 2700 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-13, relating to protecting academic freedom in higher education"; to the Committee on Education then the Judiciary.
By Delegates Shaver, Argento and Perry:

     H. B. 2701 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-12b, relating to an escape of any person from the custody of the Director of Juvenile Services as a delinquent or felonious act, both of which shall be subject to the jurisdiction of the circuit court, as well as providing for criminal penalties"; to the Committee on the Judiciary.
By Delegate Spencer:

     H. B. 2702 - "A Bill to amend and reenact §7-14D-2, §7-14D-5, §7-14D-7, §7-14D-9c, §7- 14D-13, §7-14D-14, §7-14D-15, §7-14D-16, §714D-23 and §7-14D-30 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System Act; making technical changes, modifying definitions; clarifying when membership ceases; specifying procedures for the correction of errors; permitting rollovers of any dollar amount; clarifying loan offsets at time of withdrawal; providing onset date for receipt of disability benefits; providing for the termination of disability benefits when a retirant refuses to submit to a medical examination or provide certification from their physician of continued disability; removal of option for members with loans to purchase declining term insurance; permitting subsequent loans to members sixty days after full payment of an outstanding loan; and providing for the collection of fees from employers for untimely payment of contributions"; to the Committee on Pensions and Retirement then Finance.
By Delegate Spencer:

     H. B. 2703 - "A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating to State Teachers Retirement System; making technical changes; modifying definitions; specifying cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to receive retirement income or disability payments when outstanding loan balance is deducted from the actuarial reserve of accrued benefit"; to the Committee on Pensions and Retirement then Finance.
By Delegates Sobonya, Sumner, Rowan and Lane:

     H. B. 2704 - "A Bill to amend and reenact §62-11D-3 of the Code of West Virginia, 1931, as amended, relating to subjecting persons convicted of sexual crimes against a minor to 'GPolitical Subdivisions' monitoring for the duration of their life"; to the Committee on the Judiciary then Finance.
By Delegates Sobonya, Sumner, Moore, Rowan, C. Miller, Reynolds, Duke and Ellem:

     H. B. 2705 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring the inclusion of additional information on the sex offender registry"; to the Committee on the Judiciary.
By Delegates Sobonya, Rowan and C. Miller:

     H. B. 2706 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1 and §9-4E-2, all relating to exempting physicians from obtaining Medicaid preauthorization before dispensing or prescribing immunosuppressives or medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency syndrome or hepatitis C in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature"; to the Committee on Health and Human Resources then Finance.
By Delegates Sobonya, Sumner, Moore, Morgan and Rowan:

     H. B. 2707 - "A Bill to amend and reenact §28-5-27 of the Code of West Virginia, 1931, as amended, relating to eliminating good time for persons convicted of sex crimes involving minor children"; to the Committee on the Judiciary.
By Delegates Sobonya, Stephens, Sumner, Moore, C. Miller, Morgan, Craig, Rowan, Reynolds and Duke:

     H. B. 2708 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting certain income received by retired federal employees from the personal income tax"; to the Committee on Pensions and Retirement then Finance.
By Delegates Sobonya, Sumner, Rowan, C. Miller, Stephens, Reynolds, Morgan and Duke:

     H. B. 2709 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26v, relating to providing a cost-of-living provision for certain persons retired under the Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Mahan, Eldridge, Ennis, Hutchins, Longstreth, Spencer, Ashley and Rowan:

     H. B. 2710 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to crimes against public safety, services or enforcement officials; altering elements of crimes of battery and assault against a public safety, services or enforcement official; adding specified employees of the Department of Health and Human Resources as protected officials; and providing penalties"; to the Committee on the Judiciary.
By Delegates Perry, Ellem, Morgan and Boggs:

     H. B. 2711 - "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing that correctional officers may retire with full benefits after twenty years of service"; to the Committee on Pensions and Retirement then Finance.
By Delegates Miley and Hamilton:

     H. B. 2712 - "A Bill to amend and reenact §29A-1-3 of the Code of West Virginia, 1931,as amended, relating to rule-making requirements of the Department of Health and Human Services; requiring filing, public notice and comment on certain rules, plans and policies; providing for emergency rulemaking; and requiring public hearings in certain instances"; to the Committee on Government Organization then the Judiciary.
By Delegates Webster, Brown, Fleischauer, Perdue, Beach and Moye:

     H. B. 2713 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-12, relating to a study and investigation by the Department of Administration on the feasibility, implementation, effects and related issues in connection with creating a pilot program for child day care centers operated by the state; and requiring that the Department of Administration report on same to the Joint Committee on Government and Finance prior to January 1, 2010"
; to the Committee on Government Organization then the Judiciary.
By Delegates Sobonya, C. Miller, Ireland, Romine and Rowan:

     H. B. 2714 - "A Bill to amend and reenact §18-2-7c of the Code of West Virginia, 1931, as amended, relating to specifying the types of topics that are to be covered in school programs on personal finance"; to the Committee on Education.
By Delegates Walters, M. Poling and Paxton:

     H. B. 2715 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-1b, relating to the Economic Fairness Act of 2009; and requiring the Tax Commissioner to refund to the five counties with the highest unemployment, twenty percent of the personal income tax collected"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Campbell and Canterbury:

     H. B. 2716 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to clarifying the penalty provisions regarding battery on a police officer"; to the Committee on the Judiciary.
By Delegates Rowan and Porter:

     H. B. 2717 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-33, relating to requiring physicians to take steps designed to save the life of a child delivered alive during an abortion procedure; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Campbell, Paxton, Williams, Perry, Spencer and Tabb:

     H. B. 2718 - "A Bill to amend and reenact §5A-3-4 of the Code of West Virginia, 1931, as amended, relating to the authorization of the purchase of personal computers and related devices from the state contract by public school teachers; conditions; and limitations"; to the Committee on Education then Finance.
By Delegates Morgan and Doyle:

     H. B. 2719 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum alcohol level in the state definition of 'nonintoxicating beer'"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Fleischauer, Guthrie, Brown, Spencer, Perdue, Martin and Eldridge:

     H. B. 2720 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4, §16-44-5, §16-44-6, §16-44-7, §16-44-8, §16-44-9, §16-44-10 and §16-44-11, all relating to creating a genetic information privacy act; establishing legislative findings regarding genetic privacy; defining terms; providing for the confidentiality of genetic information; prohibiting the use of genetic test information for certain insurance purposes; authorizing the Insurance Commissioner to promulgate rules consistent with federal guidelines regarding disclosures of information; allowing the use of genetic test information in paternity proceedings; allowing use of genetic DNA typing information by law-enforcement officers in certain circumstances; establishing certain limitations on the use of genetic test information by employers; specifying procedures for disclosure of genetic test information; providing for an exception to this article for those participating in research settings governed by the federal policy for the protection of human research subjects; and providing for a right of action and damages for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Campbell and Canterbury:

     H. B. 2721 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6, §19-20C-7 and §19-20C-8, all relating to providing for the Dangerous Dog Act; defining terms; providing for the determination of a potentially dangerous dog; providing for the determination of a dangerous dog; providing exceptions; providing consequences of a dangerous or potentially dangerous dog determination; providing registration and handling requirements for dangerous and potentially dangerous dogs; setting forth responsibilities of owners of dangerous and potentially dangerous dogs; and providing criminal and civil penalties"; to the Committee on Agriculture then the Judiciary.
By Delegates Williams, Crosier, Shaver, Ashley, White and Anderson:

     H. B. 2722 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new section, designated §11-24-11c, all relating to authorizing a $100 tax credit against either personal income tax or corporate net income tax for the expense incurred when reprogramming a cash register when the sales tax on food and food ingredients is changed"; to the Committee on Finance.
By Delegates Morgan, Martin, Argento, Beach, Caputo, Eldridge, Andes and C. Miller:

     H. B. 2723 - "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to file liens for delinquent service fees; and requiring municipal ordinances to have assessment and collection procedures for the service fees"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Moore, Doyle, Guthrie, Rodighiero, Sobonya and Overington:

     H. B. 2724 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-3B-1, §15-3B-2, §15-3B-3, §15-3B-4 and §15-3B-5, all relating to the establishment of a 'Silver Alert Plan' to rapidly disseminate information with regard to missing senior citizens and missing persons who have mental impairments"; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates Ellem, Anderson, Border, Carmichael, C. Miller, Sumner, Schoen, Andes and Azinger:

     H. B. 2725 - "A Bill to amend and reenact §29-22B-508 of the Code of West Virginia, 1931, as amended, relating to video lottery licensing suspension"; to the Committee on the Judiciary then Finance.
By Delegates Campbell, Crosier, Boggs, Hutchins, Eldridge, Williams, Marshall, Barker and Fleischauer:

     H. B. 2726 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26v, relating to providing a cost-of-living provision for disabled persons under the Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Campbell, Crosier, Marshall and Canterbury:

     H. B. 2727 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k, relating to providing a cost-of-living provision for disabled public employee retirement annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Rowan, Sobonya, Anderson, Romine and Andes:

     H. B. 2728 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-11D-3 of said code, all relating to sex offenders; prohibiting sexual offenders from residing in certain areas and subjecting persons convicted of sexual crimes against a minor to global positional system monitoring for the duration of their life"; to the Committee on the Judiciary.
By Delegates Sobonya, Beach, Hamilton, Brown, Reynolds, C. Miller, Rodighiero, Hatfield and Rowan:

     H. B. 2729 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-11a; and to amend and reenact §60-3-9, all relating to the creation of the West Virginia Addictions Treatment and Recovery Fund by dedicating five cents per ounce of the uniform price of alcoholic liquors sold in this state to the fund"; to the Committee on Finance.
By Delegates Williams, Canterbury, Campbell, Kominar, Michael and Tabb:

     H. B. 2730 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1; and to amend and reenact §18-2-5 of said code, all relating to authorizing a tax credit for new teachers in critical needs areas; and requiring the State Board of Education to determine standards defining 'critical needs areas' in both subject areas and geographic areas"; to the Committee on Education then Finance.
House Calendar

Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
     Com. Sub. for H. B. 2309, Updating the law governing the practice of occupational therapy,
     And,
     Com. Sub. for H. B. 2419, Providing inmates a reduction in sentence for completion of education and rehabilitation programs.
Miscellaneous Business

     Delegate Argento addressed the House regarding the recent tragedy in Nicholas County where two volunteer firefighters lost their lives.
     At the conclusion of his remarks, Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Argento be printed in the Appendix to the Journal.
     Delegate Beach asked and obtained unanimous consent that the remarks of Delegate Fleischauer delivered on yesterday, concerning the beverage container deposit bill, be printed in the Appendix to the Journal.
     At 11:19 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 23, 2009.

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