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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)
hdj2009-03-09-27


__________*__________




Monday, March 9, 2009

TWENTY-SEVENTH 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, March 6, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 253 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8B-10a; and to amend and reenact §62-8-1 and §62-8-2 of said code, all relating to offenses by inmates and against inmates generally; creating offenses of sexual assault or sexual intrusion by or against an inmate; creating the offense of sexual intercourse or sexual intrusion by a visitor to a correctional or penal facility with an inmate; and establishing penalties"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 263 - "A Bill to amend and reenact §25-1-17 and §25-1-18 of the Code of West Virginia, 1931, as amended, all relating to monitoring of inmate telephone calls and mail; procedures and restrictions; authorizing disclosure under certain circumstances; and providing for retention, maintenance and destruction of telephone recordings and mail"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 294 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §61-2-29a, §61-2-29b and §61-2-29c, all relating to protecting incapacitated persons by providing criminal penalties for the offense of abuse or neglect of incapacitated adults which result in injury or death; providing definitions; and creating the offense of sexual abuse by a caregiver, guardian or custodian"; which was referred to the Committee on Senior Citizen Issues then the Judiciary.
Resolutions Introduced

On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, J. Miller, Andes, Blair, Lane, Carmichael, Armstead, Walters, McGeehan, Porter and Shott:

H. J. R. 19 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section five-a, relating to taxes and fees; providing that bills imposing a tax or license fee and bills increasing the effective rate of any tax levied or fee imposed may not be enacted unless two thirds of the members of each house, present and voting, vote in the affirmative for passage; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the proposed amendment"; to the Committee on Constitutional Revision then Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Shook, Beach and Marshall:

H. B. 2984 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-5a; and to amend and reenact §18A-4-15 of said code, all relating to the hiring of substitute service personnel by county school boards who can be used on a daily basis but do not count against the yearly state aid fund"; to the Committee on Education then Finance.
By Delegates Ennis, Spencer, Rowan, Pethtel, Romine, Cann, Ferro, Michael, Smith, Williams and Paxton:

H. B. 2985 - "A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended, relating to providing information on the West Virginia Schools for the Deaf and Blind to the guardian of a child with a visual or auditory impairment"; to the Committee on Education.
By Delegates Manchin, Longstreth and Caputo:

H. B. 2986 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-22-2a, relating to allowing the imposition of a tax up to $100 per $100,000 on the transfer of real estate within the incorporated limits of any municipality with the sole purpose of the revenue generated from the excise tax to be used to demolish buildings that are condemned"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates J. Miller, Cowles, Blair, Andes and Louisos:

H. B. 2987 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-44-14, relating to enabling insurers authorized to sell insurance coverage in selected states to engage in the business of insurance in West Virginia"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Brown:

H. B. 2988 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §40-1-9a, relating to providing for the validity of a transfer of after-acquired property"; to the Committee on the Judiciary.
By Delegates Eldridge, Rodighiero, Barker, Shook, Beach, Butcher, Longstreth, Stowers, Reynolds and Louisos:

H. B. 2989 - "A Bill to amend and reenact §61-2-14d of the Code of West Virginia, 1931, as amended, relating to failing to provide or return a minor child for visitation; and providing penalties"; to the Committee on the Judiciary.
By Delegate Barker:

H. B. 2990 - "A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to increasing the dollar amount in controversy for magistrate courts to have jurisdiction involving civil actions from $5,000 to $10,000"; to the Committee on the Judiciary then Finance.
By Delegate Sumner:

H. B. 2991 - "A Bill to amend and reenact §17C-15-9 of the Code of West Virginia, 1931, as amended, relating to requiring additional lighting and reflector equipment of certain vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Barker and Eldridge:

H. B. 2992 - "A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60A-4-403b, all relating to delivery of controlled substances on or in an educational facility or school; and criminal penalty"; to the Committee on the Judiciary.
By Delegate Andes:

H. B. 2993 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, relating to prohibiting any member of the Legislature from fund-raising during any session"; to the Committee on the Judiciary.
By Delegate Hartman:

H. B. 2994 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to eliminating the one and twenty-two hundredths percent severance tax on timber for five years"; to the Committee on Finance.
By Delegates Eldridge, Martin, Barker, Argento, Phillips, Butcher, Mahan, Hall, Cowles and Rodighiero:

H. B. 2995 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-3, relating to prohibiting text messaging by use of a cell phone or personal digital assistant while driving"; to the Committee on the Judiciary.
By Delegate Louisos:

H. B. 2996 - "A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to banks and banking; and requiring bank transactions involving savings and checking accounts to be posted at the time of the transaction"; to the Committee on Banking and Insurance then Finance.
By Delegate Louisos:

H. B. 2997 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring commissioners of the Public Service Commission to be elected"; to the Committee on Government Organization then the Judiciary.
By Delegates Ireland, Cowles, C. Miller, Porter, Ellem, Moye, Morgan, Hartman, Klempa, Rodighiero and Anderson:

H. B. 2998 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to periodic valuations of real property and the assessment of the value thereof"; to the Committee on the Judiciary then Finance.
By Delegates White, Campbell, Kominar, Doyle and Carmichael:

H. B. 2999 - "A Bill to amend and reenact §11-15B-2, §11-15B-21, §11-15B-24, §11-15B-28 and §11-15B-32 of the Code of West Virginia, 1931, as amended, all relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax; adding new definition; providing relief from liability in specified circumstances; providing administrative exemptions; specifying the requirements of certified service providers; and specifying the effective date"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 3000 - "A Bill to amend and reenact §11-13-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13-2q; and to amend and reenact §24-2-11a of said code, all relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines; imposing a business and occupation tax; setting forth legislative findings; defining certain terms; providing for the rate and measure of tax; prohibiting certain credits against tax; providing for the dedication of tax proceeds; establishing the Electric Retail Ratepayer Relief Fund and the Crossed County Transmission Line Fund; providing for the distribution of tax proceeds; specifying counties' expenditure of funds; authorizing the Tax Commissioner to promulgate rules; providing for severability; and requiring the Public Service Commission to make certain findings before approving an application for a certificate of public convenience and necessity for the construction of certain high voltage transmission lines"; to the Committee on the Judiciary then Finance.
By Delegate Brown:

H. B. 3001 - "A Bill to amend and reenact §38-2-32 of the Code of West Virginia, 1931, as amended, relating to mechanic's liens filed against corporations"; to the Committee on the Judiciary.
By Delegates J. Miller, Cowles, Blair, Andes and Sobonya:

H. B. 3002 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-44-15, relating to enabling insurers authorized to sale insurance coverage in selected states to engage in the business of insurance in West Virginia"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Argento, Eldridge, Shaver, Kominar, Varner, Ross and Barker:

H. B. 3003 - "A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to continuing and reimposing the special reclamation tax on clean coal mined, providing for legislative review of the tax every five years and taking out the additional tax on clean coal"; to the Committee on the Judiciary then Finance.
By Delegates Spencer, Hunt and Skaff:

H. B. 3004 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to permitting individual taxpayers a modification to state income tax for medical expenses exceeding two percent of their federal adjusted gross income"; to the Committee on Finance.
By Delegate Brown:

H. B. 3005 - "A Bill to amend and reenact §8-18-10 of the Code of West Virginia, 1931, as amended, relating to providing a limitation on the lien created for municipal assessments"; to the Committee on Political Subdivisions then the Judiciary.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 3006 - "A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 and §18A-3-2b of said code; and to amend and reenact §18A-4-7a of said code, all relating to the hiring, termination, transfer and reassignment of teachers and school personnel; revising certain dates upon which action must be taken with respect to the hiring, termination, resignation or transfer of teachers and school personnel; providing an incentive payment to professional personnel who file notice of retirement on or before December 1; repealing the citizenship requirement for a teaching certificate; reducing the length of the beginning teacher internship program under certain circumstances; authorizing county boards to hire teachers and professional personnel based on certain weighted criteria; and authorizing county superintendents to reject applicants based on unsatisfactory interview performances"; to the Committee on Education then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2421, Requires that inoperable fire hydrants be painted black and be reported to emergency dispatch centers; 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. 29), 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, Ennis, Givens and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2421) passed.
On motion of Delegate Webster, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-22, relating to distinguishing between operable and inoperable fire hydrants; requiring notification of inoperable hydrants; defining the term 'inoperable', and requiring the painting or covering of inoperable fire hydrants."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements; 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. 30), 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, Ennis, Givens and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2474) 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. 2701, Relating to the escape from custody of the Director of Juvenile Services; 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. 31), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Ennis, Givens and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2701) 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:
S. B. 403, Making supplemental appropriation from State Road Fund to Department of Transportation,
H. B. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails,
H. B. 2539, Authorizing professional licensing boards to combine administrative staff functions,
Com. Sub. for H. B. 2684, West Virginia Drug Offender Accountability and Treatment Act,
Com. Sub. for H. B. 2719, Relating to the sale and distribution of craft beer,
And,
H. B. 2801, Updating language and making technical changes and clarifications of the West Virginia Board of Medicine.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Longstreth.
At 11:40 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 10, 2009.

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