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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)
hdj2009-03-06-24


__________*__________




Friday, March 6, 2009

TWENTY-FOURTH 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, March 5, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Delegates Butcher, Eldridge, Stowers and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting the Division of Highways name both the northbound and southbound bridge along U.S. 119 straddling the Little Coal River between Lincoln County and Kanawha County, just south of the Lincoln County Route 1/2- McCorkle exit, identified as bridge number 20-119-1.06 '3174', the 'Chief Master Sergeant George Wallace Hedrick, Jr. Bridge'."
Whereas, George Wallace Hedrick, Jr. was born in Ivy Branch, Boone County, West Virginia in September of 1924, the eldest son of George W. and Lella Hedrick Watson and Edna Holstein; and
Whereas, The place of George's birth is located in close proximity to said bridges straddling the Little Coal River; and
Whereas, George spent his formative years in beautiful and rugged mountains of West Virginia, and attended East Bank High School; and
Whereas, When the United States became an arsenal for democracy during World War II, George became one of many proud West Virginians who served his country, and enlisted in the United States Army Air Corps (which eventually became the United States Air Force) on March 28, 1943; and
Whereas, George had an exemplary career as a pilot of both B-24 and B-29 bombers, and rising from Private First Class to Chief Master Sergeant, and served in such capacity throughout the world from Frankfort, Germany to Tokyo, Japan; and
Whereas, George retired from the United States Air Force with honors from his country on June 1, 1964; therefore, be it
Resolved by the Legislature of West Virginia:
That it is fitting, to honor George Wallace Hedrick, Jr. for his service and sacrifice to his community by naming said bridges along U.S. 119 straddling the Little Coal River between Lincoln County and Kanawha County, just south of the Lincoln County Route 1/2- McCorkle exit, identified as bridge number 20-119-1.06 "3174 ", the "Chief Master Sergeant George Wallace Hedrick, Jr. Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying said bridges as the "Chief Master Sergeant George Wallace Hedrick, Jr. Bridge"; and, be it
Further Resolved, That the Clerks of both houses forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of George Wallace Hedrick, Jr.
Delegates Eldridge, Butcher, Craig, Morgan, Rodighiero, Stephens and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 19 - "Requesting the Division of Highways to rename Guy Gillenwater Hollow, specifically Lincoln County Route 13/7, to 'Heritage Road'."
Whereas, Guy Gillenwater Hollow was once known as Heritage Road; and
Whereas, The residents of that road have long known it as Heritage Road; and
Whereas, Residents and visitors continue to call it Heritage Road; and
Whereas, It has caused much confusion among emergency responders and visitors who traverse that road; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to rename Lincoln County Route 13/7 in Yawkey, "Heritage Road"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends of the road; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of Highways and the Lincoln county commission.
Delegates Campbell, Canterbury and Crosier offered the following resolution, which was read by the Clerk, as follows:
H. R. 23 - "Memorializing the life of the Honorable John H. Bowling, Jr., businessman, civic leader, member of the West Virginia House of Delegates, member of the West Virginia Senate, county commissioner, mayor and distinguished West Virginian."
Whereas, John H. Bowling, Jr., was born August 15, 1930, at White Sulphur Springs, Greenbrier County, the son of the late John H. Bowling, Sr., also a former state senator, and Urzula Coffman Bowling; and
Whereas, John H. Bowling, Jr., received his education from West Virginia University, and was a lifetime member of Kappa Alpha fraternity. He was a true gold and blue fan; and
Whereas, John H. Bowling, Jr., was married to his beloved wife Barbara Massey Bowling, with whom he shared the joy of having five children, Connie A. Bowling; John H. Bowling, III; Bruce M. Bowling; Martha Bowling and the late Richard C. Bowling; and
Whereas, The Honorable John H. Bowling, Jr., was elected to the West Virginia House of Delegates in 1965 and elected to the West Virginia Senate in 1967; and
Whereas, The Honorable John H. Bowling, Jr., also served as a member of the Greenbrier County Commission and as Mayor of White Sulphur Springs; and
Whereas, As Mayor of White Sulphur Springs, the Honorable John H. Bowling, Jr., served as president of the West Virginia Municipal League. He was a member of a myriad of civic-minded organizations, including the White Sulphur Springs Jaycees and Rotary Club, and was a Paul Harris Fellow; and
Whereas, Sadly, the Honorable John H. Bowling, Jr., passed away on February 9, 2008, leaving behind a life of dedication and commitment to his community and state; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby memorializes the life of the Honorable John H. Bowling, Jr., businessman, civic leader, member of the West Virginia House of Delegates, member of the West Virginia Senate, county commissioner, mayor and distinguished West Virginian; and, be it
Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of the Honorable John H. Bowling, Jr.; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the family of the Honorable John H. Bowling, Jr.
At the request of Delegate Boggs, and by unanimous consent reference of the resolution (H. R. 23) to a committee was dispensed with, taken up for immediate consideration and put upon its adoption.
The question now being on the adoption of the resolution, Delegate Martin demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 27), and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Cann, Crosier, Lane, Longstreth, Michael, Romine, Swartzmiller and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 23) adopted.

Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 403, Making supplemental appropriation from State Road Fund to Department of Transportation,
And reports the same back with the recommendation that it do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2849, Requiring automatic tire chains as standard equipment on all new school buses,
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. 2849) 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. 2684, West Virginia Drug Offender Accountability and Treatment Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2684 - "A Bill to amend and reenact §61-11-22 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §62-15-1, §62-15-2, §62-15-3, §62-15-4, §62-15-5, §62-15-6, §62-15-7, §62-15-8, §62-15-9, §62-15-10, §62-15-11, §62-15-12, and §62-15-13, all relating to the enactment of the 'West Virginia Drug Offender Accountability and Treatment Act'; removing conflicting provisions related to drug court from the code; explaining the policy and goals of the Act; authorizing drug courts; providing for the structure of drug courts; authorizing drug court teams; establishing eligibility requirements for drug courts; providing treatment and services to participants; establishing drug testing procedures; providing for oversight and rule-making authority of the supreme court of appeals; collecting and maintaining information on drug court candidates and participants; funding; providing for immunity from liability; and establishing the manner in which the Act is to be construed,"
And,
H. B. 2719, Increasing the maximum alcohol level in the state definition of "nonintoxicating beer",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2719 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended, relating to 'nonintoxicating beer'; defining 'nonintoxicating craft beer'; including 'nonintoxicating craft beer' with the definition of 'nonintoxicating beer'; and increasing the maximum alcohol level in the stated definition of 'nonintoxicating beer',"
With the recommendation that the committee substitutes each do pass, and with the recommendation that second reference of the bills to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for H. B. 2684 and Com. Sub. for H. B. 2719) 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. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails,
And,
H. B. 2539, Authorizing professional licensing boards to combine administrative staff functions,
And reports the same back with the recommendation that they each do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2654, Relating to costs for housing inmates who are transferred to the custody of the division of corrections,
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. 2654) was referred to the Committee on Finance.
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. 2801, Updating language and making technical changes and clarifications of the West Virginia Board of Medicine,
And reports the same back with the recommendation that it do pass.
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. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates,
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. 2407) was referred to the Committee on Finance.
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. 2819, Governor's Committee on Crime, Delinquency and Correction,
And,
H. B. 2826, Professional Employee Organizations,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2819 and H. B. 2826) were each referred to the Committee on the Judiciary.
Petitions

Delegate Williams presented a petition on behalf of his constituents, opposing horse- themed attractions in West Virginia; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Sumner:
H. B. 2973 - "A Bill to amend and reenact 17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special registration plate bearing the logo, symbol, insignia, letters or words demonstrating association with or support for the Friends of Coal organization, and assessing a special initial application fee and a special annual fee therefor"; to the Committee on Roads and Transportation then Finance.
By Delegate Andes:
H. B. 2974 - "A Bill to amend and reenact §3-4-10 and §3-4-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4A-11a and §3-4A-27 of said code; and to amend and reenact §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code, all relating to abolishing the one-vote straight ticket voting in all general and special elections within West Virginia"; to the Committee on the Judiciary.
By Delegates Perry, Hartman, Shook, Schoen, Reynolds and Walters:
H. B. 2975 - "A Bill to amend and reenact §33-2-11 of Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to order restitution in certain cases"; to the Committee on Banking and Insurance then the Judiciary.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2976 - "A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to the State Building Code; and requiring the State Fire Commission to promulgate rules pertaining to the State Building Code that are in accordance with certain national and international building codes and standards"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead
[By Request of the Executive]:
H. B. 2977 - "A Bill to amend and reenact §5G-1-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5G-1-5; to amend and reenact §17-2A-22 of said code; and to amend said code by adding thereto a new section, designated §31-15A-15a, all relating to the procurement of engineering services; defining certain terms; exempting the procurement of engineering services for certain projects funded by the Division of Highways and the Water Development Authority from chapter five-g of this code; requiring the Commissioner of Highways to establish certain qualification criteria for engineering and design firms; requiring the Division of Highways to annually select and classify qualifying engineering and design firms; establishing requirements for the procurement of certain engineering and design services by the Division of Highways; establishing certain bonding requirements; granting a preference to certain West Virginia firms; requiring the Infrastructure and Jobs Development Council to establish certain qualification criteria for engineering firms; requiring the Infrastructure and Jobs Development Council to annually select qualifying engineering firms; establishing requirements for governmental agencies for the procurement of engineering services for certain water development projects; and authorizing the promulgation of rules"; to the Committee on the Judiciary then Finance.
By Delegates Kominar, Swartzmiller, Varner, Perdue, Eldridge, Perry, Campbell, Stephens, Cowles and J. Miller:

H. B. 2978 - "A Bill to repeal §30-8-2a and §30-8-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-8-2 and §30-8-3 of said code, all relating to the practice of optometry; repealing existing provisions regarding prescriptive and expanded prescriptive authority; authorizing certain surgical procedures included in the curriculum of accredited schools of optometry, the dispensing of optical lenses, prescriptive drugs and other practice included in the curriculum of accredited schools of optometry or approved continuing education course; and requiring the West Virginia Board of Optometry to promulgate legislative rules establishing the limitation of practice and drug formularies for optometrists in this state"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hunt:
H. B. 2979 - "A Bill to amend and reenact §30-5-2 of the Code of West Virginia, 1931, as amended, relating to professions and occupations; pharmacists; and requiring the Board of Pharmacy to adopt guidelines to permit pharmacists to prescribe medications"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Fleischauer, Manypenny and Staggers:
H. B. 2980 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24-2F-7, §24-2F-8 and §24-2F-9, all relating to energy efficiency for electric and gas utilities and their customers; defining terms; establishing required energy efficiency programs and plans; setting forth time tables; establishing targets and goals; identifying certain metering and grid technologies; providing for revenue sharing; establishing penalties; and providing for $600,000 in special assessments for implementation purposes"; to the Committee on Government Organization then Finance.
By Delegates Fleischauer, Hatfield, Staggers, Doyle, Shook, Moore, Klempa, Brown, Susman, Frazier and Longstreth:

H. B. 2981
- "A Bill to amend and reenact §3-5-7, §3-5-23 and §3-5-24 of the Code of West Virginia, 1931, as amended, all relating to primary elections and nominating procedures of third-party candidates; removing reference to general election in provision governing declaration of candidacy for primary election; eliminating the reference to the filing of a declaration of candidacy in provision establishing certificate nomination procedures; extending the filing deadline for the nomination of certain candidates; eliminating residency requirement of persons soliciting petition signatures; eliminating requirement that persons signing nomination certificate state a desire to vote for nominated candidate; permitting duly registered voters who sign nomination certificates to vote in the corresponding primary election; requiring persons soliciting signatures to provide circulation dates and a signature as to each certificate page; extending the deadline for the filing of nomination certificates for candidates; and establishing the date by which the filing fee must be paid"; to the Committee on the Judiciary.
By Delegate Ross:
H. B. 2982 - "A Bill to amend and reenact §22-6-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2 of said code, all relating to modifying the definitions of 'shallow' and 'deep' wells to allow a shallow well to be drilled deeper; and correcting antiquated language throughout"; to the Committee on the Judiciary.
By Delegates Brown, Lawrence and Staggers:
H. B. 2983 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49-11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Consent to Health Care of Minors Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; penalty for false statement; and rule-making authority"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2412, Providing certain county commissions with authority to regulate the location of businesses offering exotic entertainment;
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. 28), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent And Not Voting: Cann, Crosier, Lane, Longstreth, Michael, Romine, Swartzmiller 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. 2412) 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

Com. Sub. for H. B. 2421, Distinguishing between operable and inoperable fire hydrants by having inoperable hydrants painted black; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Miley, the bill was amended on page two, section twenty-two, line one, by striking out the word "provided" and inserting in lieu thereof the word "provider".
On page two, section twenty-two, line three, following the word "service", by striking out the word "upon" and inserting in lieu thereof a period and the word "Upon".
And,
On page two, section twenty-two, line fifteen, following the word "inoperable", by striking out the comma.

The bill was then ordered to engrossment and third reading.
H. B. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2701, Relating to the escape from custody of the Director of Juvenile Services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Cann, Crosier, Lane, Longstreth, Michael, Romine, Swartzmiller and Webster.
Miscellaneous Business

Delegate Azinger announced that he was absent when the votes were taken on Roll Nos. 10 through 19, and that had he been present, he would have voted "Yea" thereon.
At 11:30 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 9, 2009.

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