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House Journal


Day 00 (01-14-2009)
Day 01 (02-11-2009)
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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)
hdj2009-03-02-20


__________*__________




Monday, March 2, 2009

TWENTIETH 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 Friday, February 27, 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. 2530, Relating to further defining professional student support personnel,
     H. B. 2538, Relating to supplemental funding for the provision of alternative programs for limited English proficient students,
     H. B. 2620, Increasing the pay grade of cafeteria managers,
     And,
     H. B. 2335, Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program",
     And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (H. B. 2530, H. B. 2538, H. B. 2620 and H. B. 2335) were each referred to the Committee on Finance.
Resolutions Introduced

      Mr. Speaker, Mr. Thompson, and Delegates Stephens, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Boggs, Border, Brown, Butcher, Campbell, Canterbury, Caputo, Carmichael, Cowles, Crosier, Doyle, Duke, Eldridge, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Kominar, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, McGeehan, Michael, Miley, C. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Smith, Sobonya, Spencer, Staggers, Stowers, Sumner, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Walters, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by the Clerk as follows:
     H. R. 19 - "Designating March 2, 2009, as West Virginia March for Meals Day and the month of March 2009 as March for Meals Fundraising Month."
     Whereas, More than 60,000 West Virginia Seniors received services through the Older Americans Act during Fiscal Year 2008; and
     Whereas, Some thirty-three thousand West Virginia Seniors received more than 2.7 million meals during that same period; and
     Whereas, Many elderly West Virginians are afforded healthy, nutritious meals along with daily social interaction via a Senior Nutrition Staff member or volunteer; and
     Whereas, Senior nutrition programs, as funded through Title III of the Older American Act, allow Seniors to remain independent and in their homes or promote socialization at county nutrition sites; and
     Whereas, The Meals on Wheels Association of America partners with county nutrition programs to provide resources and tools designed to serve West Virginia's elderly population; and
     Whereas, The nutritious, USDA-compliant meals are served to Seniors in all fifty-five counties of West Virginia; and
     Whereas, Our aging population, both on a national and statewide basis, continues to grow thus requiring a more skilled and equipped staff; and
     Whereas, MOWAA works in conjunction with county aging programs throughout West Virginia to provide necessary resources and tools related to Senior nutrition programs; and
     Whereas, The West Virginia Directors of Senior and Community Services along with MOWAA invites all residents of West Virginia to participate in the "March for Meals Day" at the Charleston Civic Center on March 2, 2009 and to observe the entire month of March 2009 as March for Meals Fundraising Month; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby designates March 2, 2009, as West Virginia March for Meals Day and the month of March 2009 as March for Meals Fundraising Month; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia and the West Virginia Director of Senior and Community Services.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 19) 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 Overington, Schadler, Cowles, J. Miller, Blair and Andes:

     H. B. 2883 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-11B-1, §21-11B-2, §21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and §21-11B-8, all relating to the right to work and making it a criminal offense and actionable in court to impose an obligation on a person, as a condition of employment, to affiliate with a labor organization and pay dues and other fees; providing penalties; and providing for relief"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Campbell, Border, Perdue, Webster and White:

     H. B. 2884 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1, §9-4E-2 and §9-4E-3, all relating to Medicaid; the development of a public-private long-term care partnership program"; to the Committee on Senior Citizen Issues then Finance.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore, Rodighiero and Border:

     H. B. 2885 - "A Bill to amend and reenact §16-1A-1, §16-1A-2, §16-1A-3 and §16-1A-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-1A-5, all relating to establishing a uniform credentialing form and establishing a single Credentialing Verification Organization (CVO) or no greater than three regional entities in the state; authorizing the insurance commission and the Department of Health and Human Services to put the CVO out for bid; establishing various aspects of the program; requiring all health care practitioners and insurers, hospitals, third party administrators and other health care entities and continuing the advisory committee for credentialing"; to the Committee on Health and Human Resources then Finance.
By Delegates Boggs, Ashley, Barker, Blair, Border, Iaquinta, Perdue, Reynolds and Campbell:

     H. B. 2886 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections, designated §7-18-2a, §7-18-16, §7-18-17, §7-18-18, §7-18-19 and §7-18-20; and to amend and reenact §7-18-3 and §7-18-14 of said code, all relating to the establishment of accredited convention and visitor bureaus; and standards for accreditation"; to the Committee on Political Subdivisions then Finance.
By Delegates Fleischauer, Staggers, Lawrence, Manypenny, Susman, Tabb, Talbott, Doyle, Eldridge and Hatfield:

     H. B. 2887 - "A Bill to amend and reenact §24-2-1e and §24-2-11a of the Code of West Virginia, 1931, as amended, all relating to not allowing accelerated rate of recovery for adverse effects of constructing transmission facilities and revising the definition of need"; to the Committee on the Judiciary.
By Delegates Hunt, Webster, Moore, Wooton, Hutchins, Spencer and Wells:

     H. B. 2888 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-13, relating to the Department of Health and Human Resources providing matching funds up to $2,000, dollar for dollar each calendar year, to any funds donated by the parents of a minor into a trust account created after the minor has been diagnosed with an autism spectrum disorder, with the money from said trust to be disbursed to help pay expenses for the care of said minor and otherwise be exempt for state income tax purposes"; to the Committee on Finance.
By Delegates Stowers, Eldridge, Reynolds, Butcher, Hall, Barker, Ferro and Argento:

     H. B. 2889 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first $30,000 of a taxpayer's severance wages from state income tax for the year 2009 only"; to the Committee on Finance.
By Delegates Wooton, Hall, Phillips, Butcher, Walker, Stowers, Ferro and Fleischauer:

     H. B. 2890 - "A Bill to amend and reenact §11-21-22 and §11-21-22b of the Code of West Virginia, 1931, as amended, all relating to personal income tax and authorizing a refundable tax credit based on federal poverty guidelines"; to the Committee on Finance.
By Delegates Fleischauer, Beach, Staggers, Hatfield, Moore, Talbott, Brown, Wells and Tabb:

     H. B. 2891 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to the phasing in of requirements for electric providers to add renewable energy systems to help protect and sustain the environment"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Doyle, Tabb, Michael, Ashley, Fleischauer, Hartman, Williams, Shaver, Campbell and Ross:

     H. B. 2892 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §54-2-22, relating to increasing any award of just compensation to a property owner by twenty-five percent for eminent domain takings by nongovernment entities; and providing for a similar twenty-five percent increase in compensation for takings by government entities that are transferred to nongovernment entities within ten years of the original taking"; to the Committee on the Judiciary then Finance.
By Delegates Evans, Border, Rowan, Schadler and Azinger:

     H. B. 2893 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to allowing Class A or Class B vehicles with a farm-use exemption to travel fifty miles instead of twenty-five miles on public highways"; to the Committee on Agriculture then the Judiciary.
By Delegates Frazier, Shott, Wooton, Sumner, Phillips, Campbell, Mahan, Guthrie, Moore, Perry and Crosier:

     H. B. 2894 - "A Bill to repeal §11-21-12h of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to establishing tax credits for personal and commercial users of the West Virginia Turnpike"; to the Committee on Finance.
By Delegate Hunt:

     H. B. 2895 - "A Bill to amend and reenact §33-6-33 of the Code of West Virginia, 1931, as amended, relating to insurance; determining the value of a motor vehicle in a claim; requiring the use of the most recent version of a nationally accepted 'official used car guide' for setting the value of a motor vehicle in a claim; and requiring the Insurance Commissioner to identify and make available to the public the most recent nationally accepted 'official used car guide'"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Hunt, Webster, Moore and Wells:

     H. B. 2896 - "A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to banks and banking; powers and duties of commissioner; and requiring banks to show good cause for calling a business loan due before maturity"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Rodighiero:

     
H. B. 2897 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Act; and authorizing insurance to married workers without children at reduced rates"; to the Committee on Banking and Insurance then Finance.
By Delegate Evans:

     H. B. 2898 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to creating four part-time magistrate court deputy clerk positions"; to the Committee on the Judiciary then Finance.
By Delegates Border and Perdue:

     H. B. 2899 - "A Bill to amend and reenact §60A-2-210 of the Code of West Virginia, 1931, as amended, relating to adding Tramadol to Schedule IV of the West Virginia Uniform Controlled Substances Act"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Stephens, Swartzmiller, C. Miller, Cowles, J. Miller, Boggs, Cann, Barker, Kominar and Klempa:

     H. B. 2900 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to establishment of the West Virginia Transportation Infrastructure Bank; definitions; creating a governing board of the bank; appointment, terms, qualifications, compensation and expenses of board members; powers and duties of the bank; creating the West Virginia Transportation Infrastructure Bank Fund; deposits and capitalization; disbursements; subaccounts; requirements for loans and other financial assistance from the bank; requirements for applications for loans and other financial assistance and for approval of qualified projects; finance agreements; payments and repayments of loans; withholding of defaulted payments from funds allotted or payable to a defaulting government unit; annual reports to Governor and Legislature; annual audits of the bank; and assistance of the Department of Transportation to the board"; to the Committee on Government Organization then Finance.
By Delegates Boggs, Ashley, Barker, Blair, Border, Iaquinta, Perdue, Reynolds and Campbell:

     
H. B. 2901 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-18-16, relating to limitations on expending hotel occupancy tax proceeds"; to the Committee on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     
H. B. 2902 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of 'federal taxable income' and certain other terms used in the West Virginia Corporation Net Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions"; to the Committee on Finance.
House Calendar

Third Reading

     Com. Sub. for 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; 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. 18), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent And Not Voting: Azinger, Fleischauer, Givens, Hutchins, Skaff and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2694) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals; 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. 19), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent And Not Voting: Azinger, Fleischauer, Givens, Hutchins, Skaff and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2738) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2040, Relating to when a recognizance bond is related,
     Com. Sub. for H. B. 2418, Relating to exemptions from disclosure under the Freedom of Information Act,
     And,
     Com. Sub. for H. B. 2685, Amending the Uniform Principal and Income Act.

Remarks of Members

     Delegate Hunt addressed the House regarding bills he has introduced dealing with health care for autistic children and their parents.
     At the conclusion of Delegate Hunt's remarks, Delegate Wells asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
     Delegate Shott then addressed the House regarding the West Virginia turnpike tolls, and at the conclusion of his remarks, Delegate Armstead asked and obtained unanimous consent that the remarks 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 Azinger, Fleischauer, Givens, Hutchins, Skaff and Stephens.
     At 11:43 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 3, 2009.

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