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House Journal


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hdj2009-03-11-29


__________*__________




Wednesday, March 11, 2009

TWENTY-NINTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, March 10, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 2952, Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2952) 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. 2651, Repealing article regulating male breeding animals,
And,
H. B. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984,
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. 2788, Protecting incapacitated persons and the elderly,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2788 - "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 one new section, designated §61-2-29a, all relating to protecting incapacitated adults; defining terms; establishing and revising criminal penalties for neglect and abuse causing injury, serious injury or death of an incapacitated adult; and revising current penalties for misappropriation or misuse of funds or assets of an incapacitated adult,"
With the recommendation that the committee substitute 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. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems,
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 the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2968) was referred to the Committee on the Judiciary.
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. 2753, Relating to the continuation of the Design-Build Program,

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. 2753) 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. 2091, Requiring public notice of state plan amendments prior to submission and increasing the membership of the Medicaid Advisory Board,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2091) was referred to the Committee on the Judiciary.
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. 2913, Relating to the Statewide Independent Living Council,
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. 2969, Requiring firefighters to have annual hazardous materials training,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2969 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended, relating to requiring personnel engaged in hazardous substance emergency response activities to attend annual hazardous substance training,"
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organizations has had under consideration:
H. B. 2423, Relating to the Board of Medical Imaging and Radiation Therapy Technology,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2423 - "A Bill to amend and reenact §30-23-4, §30-23-5, §30-23-6, §30-23-9, §30-23-10, §30-23-13, §30-23-14, §30-23-16, §30-23-17 and §30-23-19 of the Code of West Virginia, 1931, as amended, all relating to the Board of Medical Imaging and Radiation Therapy Technology,"
And,
H. B. 2444, Creating the Legislative Oversight Commission on Long-Term Care,
And reports back a committee substitute therefor, with a same title, as follows:
Com. Sub. for H. B. 2444 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29J-1, §16-29J-2, §16-29J-3, §16-29J-4 and §16-29J-5, all relating to the creation of the Legislative Oversight Commission on Long-Term Care, establishing membership, responsibilities, giving subpoena power, and establishing reporting requirements,"
With the recommendation that the committee substitutes each 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. 2555, Establishing the West Virginia Sesquicentennial of the American Civil War Commission and Fund,
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. 2555) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2904, Authorizing rules for higher education,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2904 - "A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing rules for higher education; authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education; and authorizing rules regarding Guidelines for Governing Boards in Employing and Evaluating Presidents, Employing and Evaluating Presidents, the Medical Student Loan Program, the West Virginia Higher Education Grant Program, the Research Trust Fund Program, Accountability System, Performance Indicators,"
With the recommendation that the committee substitute do pass.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a report from the Joint Committee on Government and Finance, which was as follows:
Joint Committee on Government and Finance

West Virginia Legislature

State Capitol

Charleston, WV


March 9, 2009


West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:

The Joint Committee on Government and Finance submits this report on studies and other matters it authorized to be made between the 2008 and 2009 regular sessions of the Legislature.

A.
The Joint Committee on Government and Finance authorized the following subcommittees:


  1. Agriculture and Agri-business Committee

2.Joint Committee on Technology
3.Legislative Intern Committee
4.
Parks, Recreation and Natural Resources Subcommittee

5.
Post Audits Subcommittee


B.
The Joint Committee on Government and Finance authorized the following interim study committees:


1.Select Committee A - Committee on Children, Juveniles and other Issues
2.Select Committee B - Veterans' Issues
3.Select Committee C - Infrastructure
4.Select Committee D - Health
Select Committee D - Health (Subcommittee Certificate of Need)

5.Select Committee E - Broadband
6.
Select Committee F - Volunteer Fire Departments

7.
Select Committee on PEIA, Seniors and Long Term Care


C.
The Joint Committee on Government and Finance received reports from the following:


1.Agriculture & Agribusiness Committee
2.Joint Standing Committee on Finance
3.Forest Management Review Commission
4.Joint Standing Committee on Government Organization
5.Legislative Oversight Commission on Health and Human Resources Accountability

6.Commission on Interstate Cooperation
7.Parks, Recreation and Natural Resources Subcommittee
8.Joint Standing Committee on Pensions and Retirement
9.Select Committee B - Veterans' Issues

10.Select Committee C - Infrastructure
11.
Select Committee D - Health

12.
Select Committee E - Broadband

13.
Select Committee F - Volunteer Fire Departments

14.
Legislative Oversight Commission on Workforce Investment for Economic Development


D.
The Joint Committee on Government and Finance received statutorily required reports from the following:


1.
Joint Commission on Economic Development

2.Forest Management Review Commission
3.
Legislative Oversight Commission on Health and Human Resources
4.
Commission on Interstate Cooperation


E.
The Joint Committee on Government and Finance assigned studies to its subcommittees and to statutory committees/commissions as follows:


1.
Joint Commission on Economic Development

Tourism opportunities in less-developed counties
West Virginia Tax increment Financing Act
Development of clean coal technologies such as coal liquefaction
Development of an inter-modal transportation facility to promote economic development in Southern West Virginia

Creating a means by which effectiveness of economic development incentives can be measured

Alternative funding methods for highways maintenance and construction
Economic and environmental impact of the coal industry

2.
Legislative Oversight Commission on Education Accountability


Promise scholarship program
Improve school health

3.Legislative Oversight Commission on Health and Human Resources Accountability

Existing autism service
West Virginia's response to the problem of substance abuse
Public health impact of DEP rules

4.
Select Committee A - Committee on Children, Juveniles and other Issues


Current trends in juvenile crime and the impact of "boot camp" and "scared straight" disciplinary programs in reducing juvenile crime

Safety of social workers, child protection workers and others going into private homes to provide state services

Operation of the State Domestic Violence Reporting Database

5.Select Committee B - Veterans' Issues

Veterans' eligibility for Veterans Memorial Monument

6.
Select Committee C - Infrastructure


Cost benefit analysis of engineering services and engineer retention within the West Virginia Department of Highways

Condition, fitness and safety of bridges in the state

7.Select Committee E - Broadband

Elimination of wireless coverage dead spots

8.Select Committee F - Volunteer Fire Departments

Recruitment and retention of volunteer firefighters
Recruitment, retention and value of volunteer firefighters in the State of WV
Meeting and conference rights for members of certain fire departments

9.Select Committee on PEIA, Seniors and Long Term Care

Utilizing social work services in public schools
Undertake a study of long-term care as it relates to the number of state residents in out-of-state long-term health facilities

Feasibility of establishing a Silver Alert notification network for missing elderly citizens in West Virginia

Increasing real estate taxes are having on the middle class, elderly and disabled citizens of this state and to study the effects on education and county and municipal services funding of limiting the increases of real property assessments and levy rates


10.Joint Legislative Oversight Commission on State Water Resources

Improve the state's efforts to better promote the availability of safe drinking water projects funding

Mitigation practices and resources in wetland areas
Feasability of requiring residential, business and industrial water connections along newly established waterlines

Impact of Chesapeake Bay restoration

F.
The Joint Committee on Government and Finance referred adopted study resolutions and other areas of study as listed below to the following standing committees it authorized to meet between the 2008 and 2009 regular sessions of the Legislature:


1.
Joint Standing Committee on Education


Education Subcommittee A - Public Education

Daily physical education classes
Promoting a safe and productive learning environment
Condition, role and function of county boards of education
Teachers mentor programs

Education Subcommittee B - Higher Education

Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College

Establishing education goals and objectives for 2020
Regarding higher education, overseeing development of rules on: Accounting provisions, Financing and benchmarks and indicators

Promise scholarship program

Education Subcommittee C - Public School Finance

Providing supplemental state aid for the instruction of English as a second language

Funding mechanism to increase the salaries of teachers and school service personnel

Public school support
Funding mechanism to increase the salaries of teachers and school service personnel


Committee on Higher Education Capitol Project and Facilities Subcommittee

Authorizing Marshall University and West Virginia University to manage certain real property

Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College


2.Joint Standing Committee on Finance

Finance Subcommittee A

Monitor TDC to TRS Merger

Evaluation of Enterprise Resource Planning System (replacement for state financial platform)

Convention and visitors bureaus
Impact of changing the funding formula for local health department services
Lyme disease bill
Fairs and Festivals distributions

Finance Subcommittee B

Simplified tax structure for communications
Property tax assessment and appeals system
Monitor water trust fund and new reclamation fund tax
Distribution of Lottery/Gaming revenues
Tax Issues Generally
Home Rule Impact on State Revenues

Finance Subcommittee C

Short and long term road funding needs
Short and long term state water and sewer infrastructure needs
Short and long term other post-retirement benefit funding needs

3.Joint Standing Committee on Government Organization

Government Organization Subcommittee A

Four day work week consisting of ten hour days for city, county and state employees

Adoption of green building standards
Impact of climate change
Weatherization program under the Department of Energy

Government Organization Subcommittee B

Relating to osteopathic physician and surgeon licensing requirements
Authority and structure of professional regulatory boards
Law governing the West Virginia Board of Pharmacy
Law governing the West Virginia Board of Occupational Therapy
Law governing the Board of Registration for Sanitarians
Law governing the Board of Barbers and Cosmetologists
Law governing the Board of Registration for Foresters
Law governing the West Virginia Board of Veterinary Medicine
Inclusion of athletic trainer licensure and regulation under the laws governing the West Virginia Board of Physical Therapists


Government Organization Subcommittee C

Whether the West Virginia Partnership to promote community well-being established by Executive Order 8-04 should be codified

Professional Employer Organization (PEO) sponsorship of and involvement in employee health plans and other issues related to the operation of PEO's

Television cable company oversight

Government Organization Subcommittee D

Impact on private businesses of state contracts awarded to the West Virginia Association of Rehabilitation Facilities

Policies and procedures for awarding vendor preferences in state purchasing contracts

Advisability and feasibility of the creation of a new professional licensure category of marriage and family therapy

Structure and organization of the West Virginia Racing Commission, Athletic Commission and Lottery

WV 211 Program

4.Joint Standing Committee on the Judiciary

Judiciary Subcommittee A

Sequestration of greenhouse gases

Administration and enforcement of oil and gas wells relating to the rights of surface owners

Severance tax effects on natural gas and oil industry
Existing law and regulation of oil and gas drilling by the State of West Virginia regarding the balance of existing rights between surface owners and operators and what mechanisms now exist or can be enacted in law so that the rights of both parties and the public are recognized

Feasibility of requiring legislative rules to be filed electronically
Alternate process for Rule-Making Review

Judiciary Subcommittee B

Litter and landfill avoidance, beverage container recycling and litter control systems

Municipal, county and legislatively created park commissions' liability for recreational activities

Increase in the prevalence of coal workers' pneumoconiosis
Feasibility of providing for the motor vehicle registration and licensing of mini trucks for restricted use on public roads and highways

Feasability of election day registration and its potential impact on elections and on voter turnout in the state of West Virginia


Judiciary Subcommittee C

Pharmacy Data Mining
Joint parenting
Creation of a system of data collection to allow a factual analysis of the West Virginia Court System

Alcohol and drug mental health courts
Establishing drug and mental health courts in each judicial district
Judicial elections
Changing the charge of underage drinking from a status offense to a juvenile delinquent offense


5.Joint Standing Committee on Pensions and Retirement

Universal voluntary accounts program

Armed forces retirement service credit

Emergency Medical Services Retirement System
Creation of a new retirement system for correctional officers
Financial stability and investment strategies of the police and fire pension funds

G.
The Joint Committee on Government and Finance also received monthly and quarterly status reports on the following:


Lottery

State's General Revenue Fund
Unemployment Compensation Trust Fund
Public Employees Insurance Agency
Board of Risk and Insurance Management
Children's Health Insurance Program
Leasing Report, Department of Administration
Department of Health and Human Resources
Medicaid
Investment Management Board
Pharmaceutical Cost Management Council
Workers' Compensation
Board of Treasury Investments

Post audit reports released by the Post Audits Subcommittee are on file in the Post Audit Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's Office.
Respectfully submitted on behalf of the Joint Committee on Government and Finance,

Aaron Allred,
Legislative Manager

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. 243 - "A Bill to repeal §13-1-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §13-1-4, §13-1-14, §13-1-15, §13-1-15a, §13-1-16, §13-1-17, §13-1-19 and §13-1-21 of said code, all relating to updating the code for consistency with the current practices and procedures required for issuing general obligation bonds through competitive sale and the West Virginia Constitution; providing that the issuer is not required to designate the series of bonds in the election order; providing that the bond resolution does not have to set forth the date of issuance, the denominations of the bonds, the medium with which the bonds are payable or the terms of redemption; allowing issuers to establish a maximum rate of interest in the bond resolution; allowing issuers to make semiannual payments on principal and interest; lengthening the time an issuer is required to begin making debt service payments by a year from the date of issuance; requiring issuers to register bonds and eliminating reference to coupon bonds; allowing issuers to accept electronic bids; and allowing an issuer to publish an abbreviated sale of notice when advertising the sale of bonds"; which was referred to the Committee on Finance.
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
S. B. 251 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5, §13-2H-6, §13-2H-7, §13-2H-8, §13-2H-9, §13-2H-10 and §13-2H-11; and to amend and reenact §29-22C-27 of said code, all relating to the authorization of municipalities, county commissions and certain boards of education to issue revenue bonds secured by lottery revenue for the purpose of acquiring or constructing public projects"; which was referred to the Committee on Political Subdivisions then Finance.
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
S. B. 262 - "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"; which was referred to the Committee on Government Organization then Finance.
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. 277 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1-2b, relating to creating a single dwelling residential housing index and multiplier; requirements for the Tax Commissioner; contents of the index and multiplier; and reporting requirement"; which was referred to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 329 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of 'federal adjusted gross income' and certain other terms in the West Virginia Personal Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
S. B. 410 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of 'federal taxable income' and certain other terms used in the West Virginia Corporation Net Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions"; which was referred to the Committee on Finance.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, and Delegates Ennis, Azinger, Beach, Brown, Butcher, Cann, Canterbury, Caputo, Evans, Ferro, Fragale, Frazier, Givens, Hartman, Hutchins, Klempa, Kominar, Manypenny, McGeehan, Michael, Moore, Pethtel, Ross, Shook, Spencer, Talbott, Varner and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 24 - "Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2009."
Whereas, Lyme disease is a multisystem disease caused by a corkscrew shaped bacteria and is transmitted by infected ticks that are carried by squirrels, deer, birds and other forms of wildlife and domestic animals into the back yards and homes of the citizens of West Virginia, as well as outlying fields and forests where they work and seek recreation; and
Whereas, The reported cases of Lyme disease in West Virginia increased three hundred percent from twenty-eight cases in 2006 to eighty-four cases in 2007. Lyme disease mimics many other diseases and is called the second "great imitator" after syphilis. Patients are often misdiagnosed with more familiar conditions including chronic fatigue, fibromyalgia, multiple sclerosis, Lou Gherig's disease or Parkinson's disease, for which there is no cure, only palliative remedies. Manifestations of cognitive and memory impairment from neurological Lyme disease are commonly misdiagnosed as depression or other mental conditions; and
Whereas, Lyme disease is a developing epidemic that presents a major health threat to all West Virginians and as the ticks that transmit this disease are most active in Spring and early Summer, when people are most likely to be outdoors, the peak time for contracting the disease is between April and June, hence the reason for designating May as Lyme Disease Awareness Month; therefore, be it
Resolved by the Legislature of West Virginia:
That the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2009.
Delegates Varner and Ferro offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 25 - "Requesting that the Division of Highways relocate, if permitted by state and federal law, the marker known as the Washington Lands Marker, along State Route 2, in lower Moundsville, West Virginia, currently located about two hundred feet south of the Moundsville Country Club, to an area within state right-of-way directly east and across State Route 2 from its current location."
Whereas, This marker known as the Washington Lands Marker along State Route 2, in lower Moundsville, West Virginia, about two hundred feet south of the Moundsville Country Club; and
Whereas, This marker is a heavy cast iron marker placed at its current location circa mid- 1800's, to commemorate the fact that area of land was once owned by a man who became the Commander in Chief of the Continental Army and our first President of the United States, by the name of George Washington; and
Whereas, Said marker as of late has fallen into disrepair, with undesirable vegetation obscuring the view of said marker from State Route 2; and
Whereas, Although said marker is along the state right-of-way, various citizens of advancing years of the Washington Lands area have found it more difficult as time progressed to gain access to the marker for required upkeep; and
Whereas, Even without the undesirable vegetation, it is very difficult for any motorist traversing that particular stretch of State Route 2 to view this historical marker; and
Whereas, Many various citizens of the area have expressed a great interest in having the marker moved over State Route 2 and directly east from its current location to allow said citizens to perform necessary upkeep of the marker, including the clearing of undesirable vegetation and the planting of particular plants for the beautification of said marker; and
Whereas, Upon moving this marker over State Route 2 and directly east from its current location, yet remain within state right-of-way, this marker would become visible to motorists along State Route 2; and
Whereas, Many members of the local community would enjoy the pleasantry this beautification project would provide to said motorists, the local community and its citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to relocate the marker known as the Washington Lands Marker, along State Route 2, in lower Moundsville, West Virginia, currently located about two hundred feet south of the Moundsville Country Club, to an area within state right- of-way directly east and across State Route 2 from its current location; 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 Wanda DeTemple, President, Washington Lands Garden Club, RR 4, P.O. Box 298A, Moundsville, West Virginia 26041-9426.
Delegate Guthrie offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Requesting the Division of Highways name the 36th Street Bridge, Charleston, West Virginia, otherwise identified as bridge 20-60/20-0.14, number 2565, as the 'Bob Basil Memorial Bridge."
Whereas, Robert "Bob" Wayne Basil was born on the Fourth of July, 1926, to Goldie Brinkman and Martin Basil; and
Whereas, As a natural patriot, upon his graduation in 1944 from Davis & Elkins High School, he joined the United States Navy and served two years in the Pacific; and
Whereas, After earning a degree in business administration from Davis & Elkins College in 1950, Bob Basil embarked on a thirty-five year career in public service, with positions in the West Virginia State Office of the Budget, Auditor, and Legislative Auditor; and
Whereas, During legislative sessions, he served as Clerk of the House Finance Committee; and
Whereas, Bob Basil served under eight chairs of the House Finance Committee and seven speakers of the House of Delegates. During his tenure in state government, he served under nine Governors; and
Whereas, For twenty years after his retirement in 1988, Bob Basil continued to volunteer his time to the House Finance Committee during legislative sessions; and
Whereas, Former House Speaker Robert Kiss said the impact of Bob Basil's knowledge was immeasurable. "Bob's knowledge of the budget, indeed the donation of his time, was instrumental in training several decades of house finance chairs, all of whom will miss him dearly"; and
Whereas, Bob Basil was affectionately known to many at the State Capitol as "Budget Analyst Extraordinaire"; and
Whereas, Bob Basil was recognized in 1996 by the House of Delegates for his service and was named "Outstanding West Virginian" by then-Governor Gaston Caperton; and
Whereas, A noted gardener and genuine friend, Bob Basil was also known for his generous heart and spirited humor; and
Whereas, Bob Basil always found time to explain the budget process to new members of the Legislature and especially to new members of the Finance Committee; and
Whereas, The State of West Virginia sustained a great loss with the passing of Bob Basil on July 10, 2008, at Hubbard House, Charleston, West Virginia, due to pancreatic cancer; and
Whereas, Bob Basil is survived by his wife of fifty-seven years, Eileen Knapp Basil; daughter, Mary Jane Sullivan and her husband Jay, of Boca Raton, Florida; grandchildren, Jamie Sullivan and Kelly (Walter) Burton; and great-grandson, Walter "Beau" Burton, IV, all of Florida; sister Effie Kniley; and brother Jack Basil, both of Elkins; therefore, be it
Resolved by the House of Delegates:
That it is fitting, to honor Robert "Bob" Wayne Basil for his service to the State of West Virginia by naming said bridge otherwise identified as bridge 20-60/20-0.14, number 2565, as the "Bob Basil Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying said bridge as the "Bob Basil Memorial 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 the Department of Transportation and to the family of Robert "Bob" Wayne Basil.
Delegates Moore, White, Phillips and Hall offered the following resolution, which was read by the Clerk as follows:
H. C. R. 27 - "Requesting the Division of Highways to name the bridge on County Route 7 at Capels, in McDowell County, number 24-7-12.17 the 'Eugene Collins Memorial Bridge'."
Whereas, Eugene Collins was a resident of Capels in McDowell County and an employee of the coal mines for 30 years; and
Whereas, Eugene Collins was one of thirteen brothers and sisters; and
Whereas, Eugene Collins was a veteran of the United States Army and a member and served as Deacon of the Royal Baptist Church for many years and had served on various committees throughout the County; and
Whereas, Eugene Collins was a caring and loving husband to his very devoted wife, Geneva Franklin Collins for 61 years. He was also the best dad in the world to all his children, and the best grandparent to his grandchildren and great grandchildren; and
Whereas, Eugene Collins was dedicated to his Church, kept the community's best interests at heart and was well liked and respected. Deacon Collins will be remembered for the friendly greetings and smiles he gave to others; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests the Division of Highways to name the bridge on County Route 7 at Capels, in McDowell County, number 24-7-12.17 the "Eugene Collins Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends 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 family of Deacon Eugene Collins, the Commissioner of Highways, and the McDowell County Commission.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 27) to a committee was dispensed with, taken up for immediate consideration and adopted.
Delegates Andes, Ireland, Border, Anderson, Armstead, Walters, Romine, Duke, Carmichael, Evans, Cowles, Craig, Schadler, Ashley, Beach, Crosier, Michael, Overington, Blair, Shott and J. Miller offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 26 - "Expressing the will of the House of Delegates requesting that West Virginia's Congressional delegation oppose legislation that disenfranchises workers by removing their right to a private ballot union election."
Whereas, The right to a private secret ballot when voting on external representation is fundamentally inherent in our representative Republic and shall not be infringed upon; and
Whereas, Passing the Employee Free Choice Act (EFCA) will replace a federally supervised private ballot election with a system that facilitates coercion and intimidation, known as "card check", whereby employees publically sign cards to vote for unionization; and
Whereas, Seventy-nine percent of the American people support a worker's right to a federally supervised secret ballot election when deciding whether or not to join a union; and
Whereas, The tripartisan agreement to oppose the EFCA is overwhelming: seventy-seven percent of Republicans, eighty-two percent of Democrats and seventy-nine percent of Independents believe in protecting private ballots; and
Whereas, The Chairman of the U. S. House of Representatives Education and Labor Committee, Representative Miller (D-CA), and staunch supporter of the American "card check" bill, sent a letter to Mexican government officials that stated: "We feel that the private ballot is absolutely necessary in order to ensure workers are not intimidated into voting for a union they may otherwise not choose"; and
Whereas, The EFCA's mandatory binding arbitration provisions deny workers the right to participate in the collective bargaining process between employees and the union; therefore, be it
Resolved by the House of Delegates:
That the West Virginia House of Delegates finds that the so-called "card check" legislation such as the Employee Free Choice Act is detrimental to the rights of workers and is offensive to democratic principles, we urge all five members of the West Virginia Congressional delegation support worker freedom by opposing the EFCA, any of its components or similar bills in 2009 and future years; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to United States Senators Robert C. Byrd and John D. Rockefeller IV, Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Rodighiero and Reynolds:

H. B. 3058 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-24, relating to eliminating the use of light plastic bags"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Shook:

H. B. 3059 - "A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to exempting federal, state, county or private investigators from prosecution for stalking due to performing lawful investigations involving surveillance activities"; to the Committee on the Judiciary.
By Delegates Rodighiero, Reynolds, Eldridge, Hatfield, Perdue and Butcher:

H. B. 3060 - "A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the establishment of new methadone treatment programs and clinics in this state except for programs and clinics operated as comprehensive community mental health centers by the Division of Health or local nonprofit organizations; requiring all private and community mental health center methadone treatment programs to monitor each patient's pharmacy registry each month"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Ross:

H. B. 3061 - "A Bill to amend and reenact §16-13A-7 of the Code of West Virginia, 1931, as amended, relating to increasing the spending limits on contracts involving the expenditure by a public service district for construction work or for the purchase of equipment and improvements, extensions or replacements, without seeking competitive bids"; to the Committee on the Judiciary then Finance.
By Delegates Ellem, Hamilton, D. Poling, Anderson, Varner, Talbott and Argento:

H. B. 3062 - "A Bill to amend and reenact §20-2-54 of the Code of West Virginia, 1931, as amended, relating to license for privately owned commercial shooting preserves; and providing that the amount of required acreage for bird hunting preserves may be one hundred acres"; to the Committee on Natural Resources then the Judiciary.
By Delegates Talbott, Argento and Shaver:

H. B. 3063 - "A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to hunting, tagging and reporting bear; changing and clarifying lawful weight limits and removing 'cub' from weight limits in connection with the lawful killing of bear"; to the Committee on Natural Resources then the Judiciary.
By Delegates Evans, Wells, Azinger and Crosier:

H. B. 3064 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to county boards of education regulating athletic and other extracurricular activities of secondary schools; and requiring the promulgation of rules providing that persons sixty- five years of age or older may be admitted to such activities without charge or payment of admission fees"; to the Committee on Education then Finance.
By Delegates Moore, Perry, Shook and Reynolds:

H. B. 3065 - "A Bill to amend and reenact §46A-4-111 of the Code of West Virginia, 1931, as amended, relating to the requirement of a disclosure of a higher annual percentage rate in any refinancing or consolidation of a nonrevolving consumer loan or consumer credit sale and the requirement of a documentation of a reasonable, net tangible benefit to the borrower of any refinancing or consolidation of a nonrevolving consumer loan or consumer credit sale made under this article that is secured by residential real estate;" to the Committee on Banking and Insurance then the Judiciary.
By Delegates Morgan, Stephens, Martin, Talbott, Butcher, Argento and D. Poling:

H. B. 3066 - "A Bill to amend and reenact §21-3C-10a of the Code of West Virginia, 1931, as amended, relating to elevator safety; and clarifying the supervision requirements for elevator apprentices"; to the Committee on Government Organization.
By Delegate Fragale:

H. B. 3067 - "A Bill to amend and reenact §60-6-1 and §60-6-6 of the Code of West Virginia, 1931, as amended, relating to adding language to the existing code to allow owners of warehouses which are customs bonded warehouses or such other warehouses which are approved by the Alcohol Beverage Control Commissioner to store and transport into, out of and within the state alcoholic liquors, wine, beer or nonintoxicating beer not held or intended for retail or use within the state"; to the Committee on the Judiciary.
By Delegate Carmichael:

H. B. 3068 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-22b, relating to establishing that spring gobbler hunting season begins on the second Monday of April every year"; to the Committee on Natural Resources then the Judiciary.
By Delegates Eldridge, Ellem, Moore, Border, Cowles, Rowan, Reynolds and Rodighiero:

H. B. 3069 - "A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to providing medical and nonmedical exemptions from mandatory immunizations for school children; requiring parental or guardian affidavit of conscientious or religious belief; requiring parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations; providing that the affidavit be provided before the exemption may apply; providing rule-making authority to the Commissioner of the Bureau for Public Health; and providing that the Legislature has the sole authority to add or delete required vaccinations or exemptions for school attendance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Fragale:

H. B. 3070 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-20-32, relating to allowing nonprofit organizations to hold up to two charitable Texas hold'em tournaments per year"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Beach, Shook, Marshall and Martin:

H. B. 3071 - "A Bill to amend and reenact §29-3-5 of the Code of West Virginia, 1931, as amended, relating to providing that all fire alarm systems, including all components, shall be electronically supervised. However, existing lodging and rooming houses as defined by the State Fire Code, shall be permitted to use low-power wireless supervision in accordance with Standard 6.16 of the National Fire Protection Association's National Fire Code and otherwise permitted by successive provisions within The National Fire Codes"; to the Committee on the Judiciary then Finance.
By Delegates Craig, Morgan, Ashley, Campbell, Butcher, Armstead and White:

H. B. 3072 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-21-9b, all relating to providing a full tax deduction for the purchase of a new automobile in the tax year 2009; and providing an exemption from the sales tax for the purchase of a new vehicle in the tax year 2009"
; to the Committee on Finance.
By Delegate Shott:

H. B. 3073 - "A Bill to amend and reenact §11-22-1 of the Code of West Virginia, 1931, as amended, relating to exempting the transfer of property from an individual to a wholly-owned corporation or wholly-owned limited liability company from the excise tax on property transfers"; to the Committee on the Judiciary then Finance.
By Delegate Miley:

H. B. 3074 - "A Bill to amend and reenact §11-6-23 of the Code of West Virginia, 1931, as amended, relating to notice of delinquent taxes by certified mail"; to the Committee on Government Organization then the Judiciary.
By Delegate Reynolds:

H. B. 3075 - "A Bill to amend and reenact §5-2-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-5S-11 of said code, all relating to the Secretary of State being the person in charge of administrative duties regarding the Silver Haired Legislature, instead of the West Virginia Bureau of Senior Services. " to the Committee on Senior Citizen Issues then Government Organization.
By Delegates Martin, Walker, Butcher, D. Poling, M. Poling, Boggs, Perry, Caputo, Hamilton and Ellem:

H. B. 3076 - "A Bill to amend and reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4, §21- 3D-7 and §21-3D-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §21-3D-5a, §21-3D-5b, §21-3D-6a, §21-3D-6b and §21-3D-6c, all relating to the regulation and operation of cranes; establishing certification renewal requirements; requiring the display of licenses; establishing complaint process, hearing procedures and judicial review"; to the Committee on the Judiciary.
By Delegate Perry:

H. B. 3077 - "A Bill to repeal §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5, §33-16F-6, §33-16F-7 and §33-16F-8 of said code; and to amend said code by adding two new sections, designated §33-16F-9 and §33-16F-10, all relating to health insurance; requiring the Insurance Commissioner to invite carriers and other entities to submit proposals for affordable health insurance plans; defining terms; specifying that plans do not create an entitlement; establishing eligibility and standards for such plans; providing for evaluation of the plans and reports to the Legislature; providing for continuation of existing limited benefit plans; and authorizing emergency legislative rules"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley, Perdue and Longstreth:

H. B. 3078 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4, §47-25-5, §47-25-6, §47-25-7, §47-25-8, §47-25-9, §47-25-10, §47-25-11, §47-25-12 and §47-25-13, all relating to establishing a cigarette fire safety standard for cigarettes sold in the state; setting a reduced cigarette ignition propensity performance test and standard; requiring compliance certification by manufacturers; requiring certain packaging markings; establishing penalties; establishing a special penalty fund; providing the State Fire Marshall with rule-making authority; authorizing the sale of existing inventory; permitting manufacturers to sell noncompliant cigarettes to other states and foreign countries; preemption of local regulations; and the establishment of effective dates"; to the Committee on the Judiciary then Finance.
By Delegates Guthrie, Campbell, White, Hatfield and Perdue:

H. B. 3079 - "A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all relating to the definition of 'health care provider'; and the definition of 'drug', to exempt from the consumers sales tax drugs purchased by veterinarians to be dispensed upon prescription for the medical treatment of animals"; to the Committee on Health and Human Resources then Finance.
By Delegates White, Campbell and Kominar:

H. B. 3080 - "A Bill to amend and reenact §11-6I-3 and §11-6I-5 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 §11-15-9m; 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.

House Calendar

Third Reading

S. B. 403, Making supplemental appropriation from State Road Fund to Department of Transportation; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken (Roll No. 32), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Cowles.
Absent And Not Voting: Ashley, Carmichael, Mahan, Schoen and Walters.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 403) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 33), 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: Ashley, Mahan, Schoen and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 403) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
H. B. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails; 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. 34), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Ashley, Frazier, Mahan, Schoen and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2404) passed.
On motion of Delegate Webster, the title of the bill was amended to read as follows:
H. B. 2404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-5f, relating to reimbursement to the regional jail authority for medical services provided to persons held in regional jails."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2539, Authorizing professional licensing boards to combine administrative staff functions; 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. 35), 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: Ashley, Mahan, Schoen and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2539) 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. 2684, West Virginia Drug Offender Accountability and Treatment Act; 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. 36), 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: Ashley, Mahan, Schoen and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2684) 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. 2719, Relating to the sale and distribution of craft beer; 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. 37), and there were--yeas 79, nays 17, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Azinger, Blair, Duke, Ennis, Evans, Ireland, Lane, Louisos, C. Miller, Overington, Porter, Romine, Shott, Sobonya, Sumner and Walker.
Absent And Not Voting: Ashley, Mahan, Schoen and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2719) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2801, Updating language and making technical changes and clarifications of the West Virginia Board of Medicine
; 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. 38), 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: Ashley, Mahan, Schoen and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2801) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 39), 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: Ashley, Mahan, Schoen and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2801) takes effect July 1, 2009.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2795, Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age,
Com. Sub. for H. B. 2869, Lengthening the time frame for the filing of post-primary and post general campaign financial statements,
H. B. 2931, Removing a severance tax on timber for tax years 2010 through 2013,
And,
H. B. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Ashley, Mahan, Schoen and Walters.
At 11:44 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 12, 2009.

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