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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Calendar | Special Calendar | Journal | Menu |

House Journal


Day 00 (01-14-2009)
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Day 15 (02-25-2009)
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Day 20 (03-02-2009)
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Day 34 (03-16-2009)
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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)
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Day 48 (03-30-2009)
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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)
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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)
hdj2009-03-10-28


__________*__________


Tuesday, March 10, 2009

TWENTY-EIGHTH 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 Monday, March 9, 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 introduction and consideration of resolutions.
Resolutions Introduced

Delegates Stephens, Reynolds, Craig, Morgan, C. Miller and Sobonya offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 20 - "Requesting the Division of Highways add to the signage on bridge number O6-O2-0.10, in Cabell County, adding 'Green Beret' above 'Sgt. Jackie L. Waymire Memorial Bridge' and 'Recipient of DSC KIA Vietnam 1967' below."
Whereas, Sgt. Jackie L. Waymire tragically lost his life in the Republic of Vietnam on January 9, 1967; and
Whereas, Sgt. Jackie L. Waymire's base camp came under automatic weapons fire from a reinforced Viet Cong platoon; and
Whereas, Sgt. Jackie L. Waymire led his platoon on an assault against the insurgent flank; and
Whereas, Sgt. Jackie L. Waymire charged an enemy automatic weapons emplacement and killed three insurgents before he was fatally wounded; and
Whereas, Sgt. Jackie L. Waymire was awarded the Distinguished Service Cross for extraordinary heroism for his actions on January 9, 1967; and
Whereas, It is fitting that this bridge be named for Sgt. Jackie L. Waymire to honor his life and his faithful and courageous service to his country; and
Whereas, During the 2008 regular Legislative session House Concurrent Resolution No. 39 was passed but misnamed bridge number O6-O2-0.10, in Cabell County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways add to the sign on the Third Avenue bridge, number O6-O2-0.10 in Cabell County, by placing "Green Beret" above "Sgt. Jackie L. Waymire Memorial Bridge" and "Recipient of DSC KIA Vietnam 1967" below the current signage; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Green Beret, Sgt. Jackie L. Waymire Memorial Bridge, Recipient of DSC KIA Vietnam 1967At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
Delegates Sumner, Mahan, Moye, Susman and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 21 - "Requesting the West Virginia Division of Highways to name the bridge located in Mabscott, Raleigh County, West Virginia, specifically bridge number 41-3/38-0.01(3028) the "Staff Sgt. Jeremy Alexander Brown Memorial Bridge."
Whereas, Jeremy Alexander Brown was born on November 10, 1978, in Beckley, Raleigh County, West Virginia, to Teresa Lynn Brown and the late John A. "Skeet" Brown; and
Whereas, Jeremy Alexander Brown attended Woodrow Wilson High School where he graduated and entered the United States Army in 1996. His tour of service included Fort Hauchuca, Arizona, the 82nd Airborne Division at Fort Bragg, North Carolina, an assignment in Korea, a tour in Iraq with the 101st Airborne from Fort Campbell, Kentucky and redeployment to Iraq in March, 2005, until he died due to injuries suffered in a motor vehicle accident on Sunday, July 3, 2005, in Mosul, Iraq; and
Whereas, Jeremy Alexander Brown, during his service to his country received or was awarded the Bronze Star, Army commendation Medal with two Oak Leaf Clusters, Army Achievement Medal with an Oak Cluster, Army Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korean Defense Service Ribbon among others; and
Whereas, Jeremy Alexander Brown was survived by his wife, Rosemary Brown of West Orange, New Jersey, and a son, Seth Alexander Brown of Winchester, Ohio, his mother Teresa Lynn Brown, twin brother, Jason Brown and other relatives; and
Whereas, Jeremy Alexander Brown unselfishly made the supreme sacrifice for his country, state, family and friends and in so doing, joined the legions of young American men and women who have given their lives in past decades so that other people might have a chance to know the meaning of freedom which is so dear to Americans and West Virginians, who have died and will continue to die to defend it; and
Whereas, The life and sacrifice of Jeremy Alexander Brown should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia Division of Highways to name the bridge in Mabscott, Raleigh County, specifically bridge number 41-3/38-0.01(3028), the "Staff Sgt. Jeremy Alexander Brown Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, and to the surviving relatives of Staff Sgt. Jeremy Alexander Brown.
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. 22 - "Requesting the West Virginia Division of Highways to name that portion of highway beginning on State Route 17 at Man, Logan County, West Virginia and continuing for seventeen miles the 'Buffalo Creek Memorial Highway'."
Whereas, On February 26, 1972, one hundred twenty-five people were killed, one thousand one hundred and twenty-one, out of a population of five thousand were injured and over four thousand were left homeless when the Pittston Coal Company's coal slurry impoundment dam #3 burst in Logan County, West Virginia; and
Whereas, Hundreds of homes, mobile homes and thirty businesses were destroyed by the tragic event; and
Whereas, West Virginia State Route 17 has been reconstructed since what has become known as the "Buffalo Creek Flood" beginning at Man, Logan County, West Virginia; and
Whereas, The memory of those who perished in the February 26, 1972 flood still lives in the hearts and minds of their family and friends, the entire Logan County community and the State of West Virginia, and thus it is only fitting that these highway so near the site of the tragic "Buffalo Creek Flood" be memorialized; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to name that portion of highway beginning on State Route 17 at Man, Logan County, West Virginia and continuing for seventeen miles the "Buffalo Creek Memorial Highway"; and, be it
Further Resolved, That the Division of Highways cause appropriate signs to be placed so designating the "Buffalo Creek Memorial Highway," and that two historical plaques recounting the tragic flood be placed on the opposite lanes of the "Buffalo Creek Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, the County Commission of Logan County and the Town of Man.
Delegates White, Kominar, Caputo and Butcher offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 23 - "Requesting the Division of Highways to name Bridge No. 30-65-0.84, located on County Route 65 at Stoney Mountain Camp, North Matewan, Mingo County, West Virginia the 'Corporal Alfred E. Collins Bridge'."
Whereas, Corporal Alfred E. Collins was born on June 15, 1928 in Matewan, and reared and educated in Mingo County, the youngest of ten children born to John and Rebecca Collins; and
Whereas, Corporal Alfred E. Collins learned early what it meant to struggle in life but to always hold close to your heart the importance of family; and
Whereas, Corporal Alfred E. Collins was sworn into the United State Marine Corps while still a senior at Matewan High School on January 28, 1946, and eventually rose to the rank of Corporal in the United States Marine Corps Air Corps; and
Whereas, Corporal Alfred E. Collins served his country with distinction while serving with the United State Marine Corps in the Central Pacific area from July 10, 1946 to August 8, 1947, including being issued a Certificate of Satisfactory Service, Honorable Service and USMC Honorable Discharge buttons; and
Whereas, Corporal Alfred E. Collins has shown his love to the State of West Virginia by being very active in his community, as he belonged to the North Matewan Church of Christ where he serves as a trustee, as a member of UMWA local 1440 in Matewan, as a Vice Chairman of the Mingo County COMPAC, as a Veterans of Foreign Wars Post Commander of Post 9738, served as an All-American Commander in 1968-1969, a District Commander, and was awarded a lifetime membership from the Veterans of Foreign Wars; and
Whereas, Corporal Alfred E. Collins has provided comfort and support to the families of United Mine Workers of America members who have passed away by serving on the UMWA Burial Committee by providing engraved UMWA bibles to the surviving brothers and sisters of the UMWA; and
Whereas, It is with the upmost pride and unconditional love and support of his family and community that bridge No. 30-65-0.84, located on County Route 65 at Stoney Mountain Camp, North Matewan, be named the "Corporal Alfred E. Collins Bridge;" therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby request the Division of Highways to name bridge No. 30-65-0.84, located on County Route 65 in North Matewan, Mingo County the "Corporal Alfred E. Collins Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and placed on the bridge, signs identifying it as the "Corporal Alfred E. Collins Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and Corporal Alfred E. Collins.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Butcher, Reynolds, Hatfield, Guthrie, Skaff, Stephens, Stowers, Eldridge, Argento, Swartzmiller and Caputo:

H. J. R. 20 - "Proposing an amendment to the Constitution of the State of West Virginia, repealing section three, article IX thereof, relating to sheriffs serving more than two consecutive terms; 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.
Delegates Moye, Argento, Tabb, Anderson, Andes, Barker, Canterbury, Ellem, Hamilton, Hartman, Ireland, Lawrence, C. Miller, Paxton, Phillips, D. Poling, Rodighiero, Ross, Rowan, Schadler, Sobonya, Stephens, Sumner, Talbott and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 24 - "Declaring that March 10, 2009, be designated 'West Virginia State Grange Day'."
Whereas, The Grange is the world's first Farm Fraternal Association; and
Whereas, The West Virginia State Grange is our State's oldest agricultural and rural community organization; and
Whereas, The Grange has been a tireless champion for West Virginia's farmers and their rural communities through a vigorous grassroots advocacy of the mutual interests of its members; and
Whereas, The Grange provides opportunities for families and individuals to develop to their highest potential in order to build stronger communities; and
Whereas, Voluntary association with the Grange not only provides the benefits of economic and political cooperation for its members, but it also elevates their character by providing social, cultural and educational programs, along with opportunities for personal growth; and
Whereas, The Grange increases the influence of each of its members by giving them the opportunity to serve their community through projects and programs that make a difference in the lives of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State of West Virginia since June, 1873; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates designates March 10, 2009, as "West Virginia State Grange Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate representatives of the West Virginia State Grange.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 24) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Boggs, Canterbury, Guthrie, Hall, Hartman, Hutchins, Lawrence, Michael, Moye, Ross, Staggers and Stowers offered the following resolution, which was read by the Clerk as follows: H. R. 25 - "Recognizing and honoring the members of The Society of Human Resource Management professional organization."
Whereas, The Society of Human Resource Management (SHRM) is a professional organization; and
Whereas, SHRM submits to certification standards set down by the Human Resources Certification Institute (HRCI), and
Whereas, SHRM certifies members voluntarily through the rigorous testing of HRCI; and
Whereas, SHRM has hundreds of professional members throughout WV and a quarter million members in the U.S.; and
Whereas, SHRM WV has seven state chapters and four student chapters and represents hundreds of organizations and employers in WV; and
Whereas, SHRM believes in respect for the thousands of workers in WV that its professionals manage; and
Whereas, SHRM practitioners dedicate themselves to legal compliance, bridging the gap between employees, employers, and legal authorities; and
Whereas, SHRM rigorously enforces on its members an established code of ethics; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates recognize and honor the members of The Society of Human Resources Management; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate officials of The Society of Human Resource Management.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 25) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

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. 2841, Extending the time for the city council of Richwood to meet as a levying body,
And reports the same back with the recommendation that it 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. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
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. 2795, Creating a special hunting and fishing license for severely disabled and terminally ill persons under twenty-one years of age,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2795 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-46f, relating to wildlife resources; and creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age",
And,
H. B. 2869, Lengthening the time frame for the filing of post-primary and post general campaign financial statements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2869 - "A Bill to amend and reenact §3-8-5 and §3-8-7 of the Code of West Virginia, 1931, as amended, all relating to lengthening the time frame for the filing of final post- primary and post-general campaign financial statements",
With the recommendation that the committee substitutes each do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2885, Establishing a uniform credentialing form and creating a single credentialing verification organization(CVO),
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. 2885) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2747) was referred to the Committee on Government Organization.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2931, Removing a severance tax on timber for tax years 2010 through 2013,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2151, Administration, Purchasing Division,
H. B. 2177, Tourism, Direct Advertising Grants Program,
H. B. 2179, Administration, Parking,
H. B. 2181, Administration, Rules and Regulations Statewide Contract,
H. B. 2182, Administration, Rules for Qualifications for Participation,
H. B. 2206, Health, Public Water Systems,
H. B. 2207, Health, Tuberculosis Testing, Control, Treatment and Commitment,
And,
H. B. 2220, Personnel, Reimbursement of Compensation Paid to State Employees,
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. 2151, H. B. 2177, H. B. 2179, H. B. 2181, H. B. 2182, H. B. 2206, H. B. 2207 and H. B. 2220) were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2180, Administration, Rules and Regulation for Fair Market Price Determination,
H. B. 2219, Natural Resources, Hunting, Trapping and Fishing License and Stamp Fees,
And,
H. B. 2222, Regional Jail and Correctional Facility Authority, Criteria and Procedures for Determination of Projected Cost Per Day for Inmates,
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. 2180, H. B. 2219 and H. B. 2222) were each referred to the Committee on the Judiciary.
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. 284 - "A Bill to amend and reenact §33-13C-3 and §33-13C-16 of the Code of West Virginia, 1931, as amended, all relating to viatical settlements; adding alternative means for satisfying financial requirements for the licensing of viatical settlement brokers; and making criminal provisions applicable to any person violating the Viatical Settlements Act"; which was referred to the Committee on Banking and Insurance then 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. 339 - "A Bill to amend and reenact §61-10-15 of the Code of West Virginia, 1931, as amended, relating to creating an exemption for certain licensed professional medical personnel to county hiring prohibition; and removing antiquated language"; which was referred to the Committee on Political Subdivisions then 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. 405 - "A Bill to repeal §48-10-402 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-10-401 of said code, relating to circuit and family court jurisdiction over petitions for grandparent visitation; and establishing exclusive family court jurisdiction over such petitions or motions except when the child or children with whom visitation
is sought are the subject or subjects of a pending abuse or neglect petition in the circuit court"; 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 Delegates Blair, C. Miller, J. Miller, Sobonya, Andes, Schoen, Overington, Louisos, Ellem, Walters and Carmichael:

H. B. 3007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to implementing random drug testing for recipient of federal-state assistance, state assistance and unemployment compensation"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Schoen, Hartman, Shook, Reynolds, Walters and Moore:

H. B. 3008 - "A Bill to repeal §33-48-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-48-4 of said code; and to amend said code by adding thereto a new section, designated §33-48-7b, all relating to the model health plan for uninsurable individuals; removing obsolete sunset provision; permitting the Insurance Commissioner to waive the waiting period under certain circumstances; and authorizing the use of surpluses to subsidize premiums"; to the Committee on Banking and Insurance then Finance.
By Delegate Cowles:

H. B. 3009 - "A Bill to amend and reenact §21-5A-1 of the Code of West Virginia, 1931, as amended, relating to wages for construction of public improvements, changing the definition of 'construction' to only include projects that have a total cost of more than $200,000"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Perry, Hartman, Shook, Schoen, Reynolds and Walters:

H. B. 3010 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to granting designated employees of the Insurance Commissioner access to certain information kept by the West Virginia Board of Pharmacy"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, Guthrie and Hatfield:

H. B. 3011 - "A Bill to repeal §18-10A-11 of the Code of West Virginia, 1931, as amended, relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program"; to the Committee on Government Organization then the Judiciary.
By Delegates Frazier, Shaver, Givens, Lawrence, Moore and Argento:

H. B. 3012 - "A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to electing magistrates by division"; to the Committee on the Judiciary then Finance.
By Delegate Cowles:

H. B. 3013 - "A Bill to amend and reenact §7-14-13 and §7-14-15 of the Code of West Virginia, 1931, as amended, all relating to prohibiting a chief deputy sheriff from engaging in certain political activities; prohibiting the solicitation of funds within a sheriff's office; prohibiting using his or her official authority for political purposes; and prohibiting him or her from coercing anyone to contribute anything of value for political purposes"; to the Committee on the Judiciary.
By Delegates Argento and Martin:

H. B. 3014 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §2-2A-1, §2-2A-2 and §2-2A-3, all relating to requiring all government documents to be printed in English; providing definitions; and permitting a civil action to enforce article and recovery of costs"; to the Committee on the Judiciary then Finance.
By Delegates White, Campbell, D. Poling and Shook:

H. B. 3015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups by the Public Employees Insurance Agency"; to the Committee on Government Organization then Finance.
By Delegates Butcher, Rodighiero, Eldridge, Stowers, Hunt, Craig, Reynolds, Louisos and Skaff:

H. B. 3016 - "A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to authorizing the construction of speed bumps on one-lane roads in West Virginia; and providing that the state is not liable for any damages to motor vehicles resulting from the speed bumps"; to the Committee on Roads and Transportation then Finance.
By Delegates Campbell and Canterbury:

H. B. 3017 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9l, relating to exempting church or religious organization retail sales of clothing and clothing accessories from the consumers sales tax; authorizing the Tax Commissioner to designate the exemption as a per se exemption, thus exemption certificates would not be required"; to the Committee on Finance.
By Delegates Perry, Hartman, Shook, Schoen, Reynolds and Walters:

H. B. 3018 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-8a, relating to training of insurance producers selling long-term care products; setting minimum standards for long-term care training; and mandating that certain records be retained by companies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Hall:

H. B. 3019 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to obscene, anonymous, harassing and threatening communications by computer; penalty"; to the Committee on the Judiciary then Finance.
By Delegates White, Campbell, Perry and Shook:

H. B. 3020 - "A Bill to amend and reenact §5-16-12a of the Code of West Virginia, 1931, as amended, relating to the requirement that employers provide reasonable documentation to the Director of the Public Employees Insurance Agency"; to the Committee on Government Organization.
By Delegates Schadler, J. Miller, Andes, Staggers, Moore and Rowan:

H. B. 3021 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5W-1, §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16-5W-6, §16-5W-7, §16-5W-8, §16-5W-9, §16-5W-10 and §16-5W-11, all relating to permitting medicine aides who are certified to administer certain drugs in licensed nursing homes; setting forth the qualifications of certified medicine aides; establishing training curricula and competency evaluations for certified medicine aides; requiring that a facility's records that authorizes certified medicine aides be available for inspection; requiring facilities that permit certified medicine aides to administer drugs to have an administrative monitoring system; permitting the setting and collecting of fees; and authorizing rulemaking"; to the Committee on Health and Human Resources then Finance.
By Delegates Hatfield, Guthrie, Perdue, Brown, Hunt, Skaff, Spencer, Wells, Campbell and Canterbury:

H. B. 3022 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L-5, §16-2L-6 and §16-2L-7, all relating to the creation of a medical home health care plan for uninsured adults providing primary and preventive care; the plan's cost would not exceed $40 per month per subscriber, medical home participating providers would be paid a capitation payment per member per month; funding to be provided by the State of West Virginia, the uninsured adult and his or her employer; providing the Director of the Public Employees Insurance Agency with the authority to develop the plan and to promulgate regulations, policies and procedures; providing for requirements for participating health care providers; and providing the Public Employees Insurance Agency with the authority to suspend, revoke or nonrenew participating providers' participation agreements"; to the Committee on Health and Human Resources then Finance.
By Delegates Brown, Martin, Argento, Paxton, M. Poling, D. Poling, Moye, Moore, Fleischauer, Manypenny and Rodighiero:

H. B. 3023 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-5A-1, §22-5A-2, §22-5A-3, §22-5A-4, §22-5A-5, §22-5A-6, §22-5A-7, §22-5A-8, §22-5A-9, §22-5A-10 and §22-5A-11; to amend and reenact §22-6-6 of said code; to amend and reenact §22-7-3, §22-7-5 and §22-7-7 of said code; and to amend said code by adding two new sections, designated §22-7-5a and §22-7-9 of said code; all relating to rights, administration and enforcement of oil and gas wells; and surface owner bill of rights"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates White and Campbell:

H. B. 3024 - "A Bill to amend and reenact §11-6I-3 and §11-6I-5 and of the Code of West Virginia, 1931, as amended; to amend and reenact §11-10-5e of said code; to amend said code by adding thereto a new section, designated, §11-10-25; to amend and reenact §11-13Q-22 of said code; to amend and reenact §11-15-3c of said code; to amend said code by adding thereto a new section, designated §11-15-9l; to amend and reenact §11-21-21, §11-21-22, §11-21-23 and §11-21-24 of said code; to amend and reenact §11-24-3a and §11-24-4b of said code; and to amend and reenact §21A-6-1c of said code, all relating to taxation; specifying authority of the Tax Commissioner to designate tax division documents that may be sent by personal service, United States Postal Service, regular mail, certified mail or registered mail or other means; specifying statutory burden of proof and presumption against tax exemptions; specifying inflation adjustment for certain economic opportunity tax credit entitlement requirements; specifying exclusion of sales and use of certain motor vehicles and certain trailers and classes of vehicle and vehicular apparatus from state consumers sales and use tax on certain vehicles; specifying exclusion of sales and use of certain motor vehicles and certain trailers and classes of vehicle and vehicular apparatus from municipal and local consumers sales and service tax and use tax, or special downtown redevelopment district excise tax, or special district excise tax, and other sales taxes; authorizing discretionary designation of per se exemptions from the consumers sales and service tax and use tax by the Tax Commissioner; specifying a technical correction, correcting the reference to the licensing provision from chapter eleven to chapter seventeen-a; specifying exclusion of federal alternative minimum income tax payers from eligibility for property tax payment deferment and assessor's denial of deferment; disqualifying persons who pay the federal alternative minimum income tax in specified years from qualification for the senior citizen's tax credit under chapter eleven, article twenty-one of the West Virginia Code: disqualifying persons who pay the federal alternative minimum income tax in specified years from qualification for the low income family tax credit; disqualifying persons who pay the federal alternative minimum income tax in specified years from qualification for the refundable tax credit for real property taxes paid in excess of four percent of income; specifying that senior citizen property tax relief credit is not authorized for tax years beginning on or after January 1, 2009; defining terms; specifying treatment of certain income and deduction items for certain regulated investment companies and real estate investment companies; authorizing state income tax withholding from the individual's payment of unemployment compensation; and specifying effective dates"; to the Committee on the Judiciary then Finance.
By Delegate Hall:
H. B. 3025 - "A Bill to amend and reenact §18-5-4 of the Code of West Virginia, 1931, as amended, relating to compensation of members of county boards of education"; to the Committee on Education then Finance.
By Delegates Overington, Andes, Cowles, J. Miller, Porter, Walters, Blair, Sobonya, Schadler, Louisos and C. Miller:

H. B. 3026
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-24a, relating to personal income tax; and authorizing a two- tiered tax credit for parents or legal guardians who provide their children with either home or private schooling."; to the Committee on Education then Finance.
By Delegate Brown (By Request):
H. B. 3027
- "A Bill to amend and reenact §11-22-1 and §11-22-2 of the Code of West Virginia, 1931, as amended, all relating to providing for an excise tax on the recordation of mortgages and deeds of trust"; to the Committee on the Judiciary then Finance.
By Delegates Kominar and Varner:
H. B. 3028 - "A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, relating to the reporting of certain geologic information obtained incidental to oil and gas drilling; requiring the filing of reports with the Department of Environmental Protection and the State Geological and Economic Survey; providing for the delivery of core samples and well cuttings to the State Geological and Economic Survey; and assuring the confidentiality of reports and other information provided"; to the Committee on Government Organization then the Judiciary.
By Delegate Brown (By Request):
H. B. 3029
- "A Bill to amend and reenact §33-11A-11 of the Code of West Virginia, 1931, as amended, relating to insurance; and requiring a notice of availability of owner's title insurance in connection with a loan"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Craig:
H. B. 3030
- "A Bill to amend and reenact §61-3-41 of the Code of West Virginia, 1931, as amended, relating to special railroad police"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Fleischauer, Caputo, Brown, Miley, Perdue, Hutchins, Shook, White and Manchin:

H. B. 3031 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-5-9; and to amend said code by adding thereto a new section, designated §18B-1-12, all relating to the protection of the academic speech of professional educators"; to the Committee on Education then the Judiciary.
By Delegates Fleischauer, Caputo, Brown, Marshall, Hatfield, Guthrie, Miley, Susman, Perdue, Frazier and Stowers:

H. B. 3032 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to providing that all employees have the right to review and copy the contents of their personnel file"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Barker, Talbott, Canterbury, Longstreth, Fragale, Wells, Lawrence and Perdue:

H. B. 3033 - "A Bill to amend and reenact §22-5-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22-5A-1, §22-5A-2 and §22-5A-3, all relating to the strengthening of vehicle emission standards"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Fragale:
H. B. 3034
- "A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended, relating to giving county litter control officers the authority to issue citations for not having proof of proper disposal of garbage and for creating, contributing or allowing an open dump to exist"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates White, Campbell and Shook:
H. B. 3035 - "A Bill to amend and reenact §33-16D-16 of the Code of West Virginia, 1931, as amended, relating to notice to in-state medical providers of the participation provisions of the small group health benefit plan: to the Committee on Banking and Insurance then Finance.
By Delegate Schoen:
H. B. 3036
- "A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to notice and publication requirements for expungement petitions"; to the Committee on the Judiciary.
By Delegates Fleischauer, Manypenny, Brown, Beach, Susman, M. Poling, Hampton,
Staggers, Talbot, Tabb and Hatfield:
H. B. 3037 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto thirteen new sections, designated §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35, §22-15A-36, §22-15A-37, §22- 15A-38, §22-15A-39, §22-15A-40, §22-15A-41 and §22-15A-42, all relating to establishing a returnable beverage container deposit program"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Armstead, Ashley, White, Campbell, Fleischauer, Brown, Wells,
Hunt and Staggers:
H. B. 3038 - "A Bill to amend and reenact §6B-2-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6B-2-12, all relating generally to the enforcement powers of the Ethics Commission; authorizing the Ethics Commission to initiate removal proceedings in circuit court against locally elected or appointed public officials, including a public official of any political subdivision thereof, who has been found to have violated the West Virginia Governmental Ethics Act; authorizing the commission to seek preliminary injunctive relief upon the filing of a verified complaint against local elected or appointed public officials, including a public official of any political subdivision thereof, if it has reason to believe that the public official is unlawfully expending public funds, that the local governmental body has not acted to stop the expenditure and that irreparable harm may occur if the public official is not enjoined"; to the Committee on the Judiciary.
By Delegates Kominar, Varner, Wooton, Brown, Eldridge and Perdue:
H. B. 3039 - "A Bill to amend and reenact §11-13-3f of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13F-1 of said code; to amend and reenact §11-24-11 of said code; to amend and reenact §24-2A-2 of said code; to amend and reenact §24-3-2 of said code; and to further amend said code by adding thereto a new section, designated §24-2A-5, all relating to reduced rates for low-income residential customers of privately owned water utilities"; to the Committee on Political Subdivisions then Finance.
By Delegate Hall:
H. B. 3040 - "A Bill to amend and reenact §33-41-8 of the Code of West Virginia, 1931, as amended, relating to expanding the insurance fraud unit"; to the Committee on Government Organization then the Judiciary.
By Delegates Martin, Argento and D. Poling:
H. B. 3041 - "A Bill to amend and reenact §29-6-24 of the Code of West Virginia, 1931, as amended, relating to clarifying provisions relating to postings of job openings after a vacancy is created"; to the Committee on Government Organization.
By Delegate Wooton:
H. B. 3042
- "A Bill to amend and reenact §22-15-7 of the Code of West Virginia, 1931, as amended, relating to changing the amount of residential solid waste that may be disposed of in a landfill free of charge from one truckload to five hundred pounds"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates White, Campbell, D. Poling and Shook:
H. B. 3043
- "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to the terms of participation in the Public Employees Insurance Agency of dependent children and employees hired on or after July 1, 2009, upon retirement"; to the Committee on Banking and Insurance then Finance.
By Delegates Hatfield, Guthrie, Mahan, Eldridge and Brown:
H. B. 3044 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to unauthorized practice of medicine and surgery or podiatry or as a physician assistant; criminal penalties; reducing the amount of fine for a person practicing on an expired, lapsed or terminated license for less than three months; specifying as a felony the unauthorized practice of medicine and surgery or podiatry or as a physician assistant in all other instances; and providing for enhanced criminal penalties where serious bodily injury results from such unauthorized practice"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Hall:
H. B. 3045 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to establishing the 'West Virginia Volunteer Firefighter Length of Service Act'; and providing retirement benefits for volunteer firefighters"; to the Committee on Finance.
By Delegates Morgan, Martin and D. Poling:
H. B. 3046 - "A Bill to amend and reenact §5A-4-1 of the Code of West Virginia, 1931, as amended, relating to clarifying provisions relating to the appointment, qualifications, powers and duties of the Director of the General Services Division"; to the Committee on Government Organization then the Judiciary then Finance.
By Delegates White, Campbell, D. Poling and Shook:
H. B. 3047 - "A Bill to amend and reenact §5-16-16 of the Code of West Virginia, 1931, as amended, relating to the ability of Public Employees Insurance Agency to enter into capitated provider arrangements for the provision of primary health care services"; to the Committee on Health and Human Resources then Finance.
By Delegates White, Campbell, D. Poling and Shook:
H. B. 3048
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-24a, relating to additional fees to employer for paper transactions with the Public Employees Insurance Agency"; to the Committee on Government Organization then Finance.
By Delegates Martin and Argento:
H. B. 3049 - "A Bill to amend and reenact §5A-7-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Chief Technology Officer to receive confidential records and have access to an agencies' database which may contain confidential information, while accepting the responsibility to safeguard this information as defined by applicable law; and providing a penalty"; to the Committee on Government Organization then the Judiciary.
By Delegates J. Miller, Blair, Overington and Cowles:
H. B. 3050 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-6-14a, relating to disclosure by a judicial officer of campaign contributions"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Manchin and Longstreth:
H. B. 3051 - "A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to providing veterans' death certificates to families and funeral directors at no cost"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Morgan and D. Poling:
H. B. 3052 - "A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to providing veterans' death certificates to families and funeral directors at no cost"; to the Committee on Government Organization then Finance.
By Delegates Morgan, Martin, Argento and D. Poling:

H. B. 3053 - "A Bill to amend and reenact §29-6-5 of the Code of West Virginia, 1931, as amended, relating to the functions of the Division of Personnel"; to the Committee on Government Organization then Finance.
By Delegates Martin and Argento:

H. B. 3054 - "A Bill to amend and reenact §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6 and §5A-10-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5A-10-12 and §5A-10-13, all relating to the Real Estate Division of the Department of Administration and the powers and duties of acquiring and disposing of real property, contracting for third-party real estate services and billing spending units for the actual costs of such third-party services; excepting the deposit of revenues derived from wireless communication tower leases on property subject to a pledge of its revenues in connection with a bond issue into the General Revenue Fund; and creating a special revenue fund for the acquisition of real property and payment of associated costs"; to the Committee on the Judiciary then Finance.
By Delegates Eldridge, Argento, Shaver, Kominar, Barker and Ross:

H. B. 3055 - "A Bill to amend and reenact §22-3-8 of the Code of West Virginia, 1931, as amended, relating to environmental permitting of surface coal mining and correcting antiquated language with respect to the state agencies charged with cooperating with the Department of Environmental Protection to ensure that permit applicants comply with certain fiscal and reporting requirements imposed by the state's unemployment compensation and workers' compensation laws"; to the Committee on the Judiciary then Finance.
By Delegates Phillips and Hall:

H. B. 3056 - "A Bill to amend and reenact §29-1-8 of the Code of West Virginia, 1931, as amended, relating to removing language that prohibits the state from using a county's General Revenue Fund for historic preservation"; to the Committee on Government Organization then Finance.
By Delegates Lawrence, Tabb, Skaff, Romine, Smith, Fragale and Williams:

H. B. 3057 - "A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004"
; to the Committee on the Judiciary.
House Calendar

Second Reading

S. B. 403, Making supplemental appropriation from State Road Fund to Department of Transportation; on second reading, coming up in regular order, was read a second time and ordered to third reading.
The following bills, on second reading, coming up in regular order, were read a second time and ordered to engrossment and third reading.
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.
At 11:45 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 11, 2009.

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