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 13
th 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 20
th 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.