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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)
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)
hdj2009-02-25-15


__________*__________




Wednesday, February 25, 2009

FIFTEENTH 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 24, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 2190, Deaf and Hard of Hearing, Qualifications and Standards for Interpreters and Transliterators,
And,
H. B.
2691, Repealing outdated sections of West Virginia Code,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2190 and H. B. 2691) were each referred to the Committee on the Judiciary.
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. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2737) was referred to the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2759, Authorizing magistrate court clerks to collect a fee for preparing an abstract of judgement in civil matters,
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. 2759) was referred to the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2694, Establishing certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2694 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §48-1-233.3 and §48-1-233.4; to amend said code by adding thereto a new section, designated §48-9-404; to amend and reenact §48-11-106 of said code; and to amend said code by adding thereto a new section, designated §48-11-108, all relating to modification of custodial rights for parent's have been deployed for military service; requiring that any such order is only a temporary order; providing for temporary modification of child support during the deployment,"
And,
H. B. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2738 - "A Bill to amend and reenact §48-27-802 of the Code of West Virginia, 1931, as amended, and to amend and reenact §51-1-21 of said code, all relating to registering protective orders with the West Virginia Supreme Court of Appeals,"
With the recommendation that the committee substitutes each do pass.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a second report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:
February 23, 2009

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee we submit this report of its activities. It has been updated to include the proposed rules acted upon at the Committee's February meeting. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified, as modified and amended, or as amended has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:
DEP - Air Quality

Control and Reduction of Nitrogen Oxides from Non-Electric Generating Units as a Means of Mitigate Transport of Ozone Precursors, 45CSR1 [H. B. 2811].

DEP - Air Quality
NOx Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Electric Generating Units, 45CSR26 [H. B. 2812].

Highways, WV Division of

Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7 [H. B. 2813].

The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:
DEP - Mining and Reclamation

West Virginia Surface Mining Reclamation Rule, 38CSR2 [H. B. 2814].

DEP - Water Resources

WV/NPDES Rules for Coal Mining Facilities, 47CSR30 [H. B. 2815].

Development Office, WV

Brownfield Economic Development Districts, 145CSR11 [H. B. 2816].

Fire Commission, WV State

Standards for the Certification and Continuing Education of Municipal, County, and other Public Building Code Officials, Building Code Inspectors and Plans Examiners, 87CSR7 [H. B. 2817].

Fire Marshal, WV State

Supervision of Fire Protection Work, 103CSR3 [H. B. 2818].

Governor's Committee on Crime, Delinquency and Correction

Law Enforcement Training Standards, 149CSR2 [H. B. 2819].

Highways, WV Division of

Use of State Road Rights of Way and Adjacent Areas, 157CSR6 [H. B. 2820].

Insurance Commission, WV

Coordination of Health Benefits, 114CSR28 [H. B. 2821].

Insurance Commission, WV

Long-Term Care Insurance, 114CSR32 [H. B. 2822].

Insurance Commission, WV

Actuarial Opinion and Memorandum Rule, 114CSR41 [H. B. 2823].

Insurance Commission, WV

Viatical Settlements, 114CSR80 [H. B. 2824].

Insurance Commission, WV

Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations, 114CSR83 [H. B. 2825].

Insurance Commission, WV

Professional Employer Organizations, 114CSR85 [H. B. 2826].

Labor, WV Division of

Supervision of Elevator Mechanics and Apprentices, 42CSR21A [H. B. 2827].

Pharmacy, WV Board of

Board of Pharmacy Rules Regarding Licensure and the Practice of Pharmacy, 15CSR1 [H. B. 2828].

Pharmacy, WV Board of

Board of Pharmacy Rules Regarding Immunizations Administered by Pharmacists, 15CSR12 [H. B. 2829].

Pharmacy, WV Board of

Regulation of Charitable Clinic Pharmacies, 15CSR13 [H. B. 2830].

Treasurer's Office, WV State

Selection of State Depositories for Receipt Accounts, 112CSR7 [H. B. 2831].

Sincerely,
Joseph Minard
Senate
Bonnie Brown,
House of Delegates

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Rodighiero, Louisos, J. Miller, D. Poling, Barker, Moye and Eldridge:

H. B. 2797 - "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 Health and Human Resources then the Judiciary.
By Delegates Webster, Fleischauer, Guthrie, Tabb and Azinger:

H. B. 2798 - "A Bill to amend and reenact §3-2-6 and §3-2-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-5-17 of said code, all relating to lengthening the period for voter registration; lengthening the period during which voters may register to the third day before an election; changing the verification procedures to provide for the extended period of registration; permitting registration during early elections to occur only at locations designated by the county clerk; permitting persons to register and vote on the same day during the early-voting period; prohibiting persons from changing party affiliation during the early-voting period preceding a primary election; and changing the canvassing start day in primary elections to Monday so clerks can comply with ten-day post card verification requirement"; to the Committee on the Judiciary.
By Delegate Andes:

H. B. 2799 - "A Bill to repeal §62-12-12, §62-12-12a, §62-12-13, §62-12-13a, §62-12-14a, §62-12-15, §62-12-17, §62-12-18, §62-12-19, §62-12-21, §62-12-23, §62-12-24 and §62-12-25 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-14, relating to eliminating parole for persons incarcerated in state correctional facilities"; to the Committee on the Judiciary then Finance.
By Delegates Klempa, Swartzmiller and Stephens:

H. B. 2800 - "A Bill to amend and reenact §17-4-50 of the Code of West Virginia, 1931, as amended, relating to the requirements for new subdivisions in relation to highway access"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan, Stephens, Hatfield, Staggers, Perry, Perdue and Craig:

H. B. 2801 - "A Bill to amend and reenact §30-3-7 of the Code of West Virginia, 1931, as amended; relating to updating language and making technical changes clarifying that the Board of Medicine is an autonomous board which may hire its employees at the board's will and pleasure, and providing for continuation of employment and coverage under the classified service of the Division of Personnel for current employees"; to the Committee on Government Organization.
By Delegates Overington, Schadler, Blair, Barker, Porter, Eldridge, Andes, Walters, Louisos and Moye:

H. B. 2802 - "A Bill to repeal §61-11-2 of the Code of West Virginia, 1931, as amended; to repeal §62-3-15 of said code; to amend and reenact §61-2-2 of said code; to amend said code by adding thereto seven new sections, designated §61-2-2a, §61-2-2b, §61-2-2c, §61-2-2d, §61-2-2e, §61-2-2f and §61-2-2g; and to amend said code by adding thereto four new sections, designated §62- 7-4, §62-7-5, §62-7-6 and §62-7-6a, all relating to death penalty for first degree murder; procedures, standards and findings applicable to imposition thereof in certain instances including aggravating and mitigating circumstances; sentencing; providing for automatic review of the death penalty by the Supreme Court of Appeals; providing for forensic deoxyribonucleic acid ('DNA') testing of biological material in death penalty cases; providing for execution of the death sentence by lethal injection; providing for delivery of sentence of death to officer retaining custody of person so sentenced; providing for transmission of indictment, order of conviction, sentence and judgment entered thereon to the warden of the state correctional facility; transfer of person sentenced to death to the state correctional facility; execution; providing presence of certain persons be requested for the execution; providing for certification that sentence of death has been executed; and providing for disposition of the body"; to the Committee on the Judiciary then Finance.
By Delegates Reynolds, Moore and Miley:

H. B. 2803 - "A Bill to amend and reenact §46A-6C-7 of the Code of West Virginia, 1931, as amended, relating to credit service organizations; and limiting fees to not more than twenty-five percent of total debt owed by buyer"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ennis, Swartzmiller, Manypenny, Moye, Schadler, Michael and Stephens:

H. B. 2804 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to removing the provision which allows a professional educator to take a coaching position from a current coach who is not a professional educator"; to the Committee on Education.
By Delegates Cowles, Overington, Tabb, J. Miller, Lawrence, Blair and Duke:

H. B. 2805 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to the regulation of the locations of businesses offering exotic entertainment"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Wooton:

H. B. 2806 - "A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to removing the salary cap for secretary-clerks and case coordinators of the family court"; to the Committee on the Judiciary then Finance.
By Delegates Campbell, Barker, Beach, Miley, Varner, Andes, Cann, Ferro and Canterbury:

H. B. 2807 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-5, all relating to the West Virginia Geographical Information System"; to the Committee on Government Organization.
By Delegates Manchin, Beach, Cann, Doyle, Lawrence, Longstreth, Miley, Tabb and Varner:

H. B. 2808 - "A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6-6-7a, all relating to providing a procedure for removal of county, district or municipal officers; providing a procedure for removal of members appointed to county or municipal boards, authorities or commissions for fixed terms; requiring written notice of intent to remove; allowing an appointed member to object in writing to removal; requiring a hearing when a member objects to removal; requiring a written decision after a removal hearing to include findings of fact and conclusions of law supporting the decision whether or not to remove a member of a board, authority or commission; setting time periods for certain actions; authorizing the appeal of a decision to circuit court; requiring written decisions when removing members who fail to respond to notice of intent to remove; authorizing appointment of persons to fill vacancies created when a member is removed; and making technical corrections"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Sumner, C. Miller and Sobonya:

H. B. 2809 - "A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to exempting all gallons of gasoline and propane gas for any church, religious sect, society or denomination or for the use or benefit of any church, religious sect, society or denomination as consumption use from the excise tax on gasoline or special fuel"; to the Committee on Finance.
By Delegate Staggers:

H. B. 2810 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-14-17f, relating to providing salary increases for deputies with college degrees; and providing county commissions with an election option to reimburse deputies for all tuition expenses and expenses incurred for the purchase of textbooks while attending college-level courses at any accredited college or university in lieu of the mandated salary increases"; to the Committee on Political Subdivisions then Finance.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2811 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control and reduction of nitrogen oxides from non-electric generating units as a means of mitigate transport of ozone precursors"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2812 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from electric generating units"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2813 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2814 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2815 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2816 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2817 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule relating to the standards for the certification and continuing education of municipal, county and other public building code officials, building code inspectors and plans examiners"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2818 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Marshal to promulgate a legislative rule relating to the supervision of fire protection work"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2819 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training standards"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2820 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2821 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to coordination of health benefits"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2822 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2823 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2824 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to viatical settlements"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2825 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to discount medical plan organizations and discount prescription drug plan organizations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2826 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2827 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to the supervision of elevator mechanics and apprentices"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2828 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2829 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2830 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the regulation of charitable clinic pharmacies"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Talbott, Miley, Overington and Sobonya:

H. B. 2831 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer's Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts"; to the Committee on Finance then the Judiciary.
House Calendar

Third Reading

H. B. 2069, Increasing the faculty senate allotment for classroom teachers and librarians; 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. 7), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Craig, Skaff and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2069) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 8), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Craig, Skaff and Webster.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2069) takes effect July 1, 2009.
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. 2504, Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons; 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. 9), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Craig, Skaff and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2504) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

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. 2360, Insuring that tobacco products are not sold in any packaging other than the original,
H. B. 2403, Updating the law governing professional licensing boards in general,
Com. Sub. for H. B. 2528, Updating the regulation of the practice of forestry,
Com. Sub. for H. B. 2529, Relating to the practice of environmental health science and public health sanitation,
Com. Sub. for H. B. 2531, Updating the regulation of the practice of barbers and cosmetologists,
Com. Sub. for H. B. 2532, Creating licensure for Marriage and Family Therapists,
And,
Com. Sub. for H. B. 2533, Updating the law governing the practice of veterinary medicine.
Remarks of Members

Delegate Duke addressed the House regarding West Virginia's only brick manufacturing plant and at the conclusion of his remarks, Delegate Hamilton asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Craig, Skaff and Webster.
At 11:34 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 26, 2009.

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