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

House Journal


Day 00 (01-14-2009)
Day 01 (02-11-2009)
Day 02 (02-12-2009)
Day 03 (02-13-2009)
Day 06 (02-16-2009)
Day 07 (02-17-2009)
Day 08 (02-18-2009)
Day 09 (02-19-2009)
Day 10 (02-20-2009)
Day 13 (02-23-2009)
Day 14 (02-24-2009)
Day 15 (02-25-2009)
Day 16 (02-26-2009)
Day 17 (02-27-2009)
Day 20 (03-02-2009)
Day 21 (03-03-2009)
Day 22 (03-04-2009)
Day 23 (03-05-2009)
Day 24 (03-06-2009)
Day 27 (03-09-2009)
Day 28 (03-10-2009)
Day 29 (03-11-2009)
Day 31 (03-13-2009)
Day 34 (03-16-2009)
Day 35 (03-17-2009)
Day 36 (03-18-2009)
Day 37 (03-19-2009)
Day 38 (03-20-2009)
Day 41 (03-23-2009)
Day 43 (03-25-2009)
Day 44 (03-26-2009)
Day 45 (03-27-2009)
Day 48 (03-30-2009)
Day 49 (03-31-2009)
Day 50 (04-01-2009)
Day 51 (04-02-2009)
Day 52 (04-03-2009)
Day 55 (04-06-2009)
Day 56 (04-07-2009)
Day 57 (04-08-2009)
Day 58 (04-09-2009)
Day 59 (04-10-2009)
Day 60 (04-11-2009)
Day 105 (05-26-2009)
Day 106 (05-27-2009)
Day 108 (05-29-2009)
Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-03-16-34

__________*__________


Monday, March 16, 2009

THIRTY-FOURTH DAY

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


The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 13, 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 of a resolution.
Resolutions Introduced

Delegates Perry, Shaver, Hartman, Ashley, Azinger, Iaquinta, Ireland, Longstreth, Moye, Porter and Swartzmiller offered the following resolution, which was read by the Clerk as follows: H. R. 30 - "Designating March 16, 2009, as 'Corrections Day'."
Whereas, It is the mission of the West Virginia Division of Corrections to provide a safe, secure and humane correctional system for the public, staff and offenders; and
Whereas, The adult correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and
Whereas, West Virginia was ranked 40th in the nation in 2005, with an incarceration rate of 291 per 100,000 residents. That between 1995 and 2005, West Virginia had the second fastest growing prison population in the nation; and
Whereas, Commitments to the Division of Corrections grew by 5.6% in 2005, resulting in 2,605 new inmates and that parole violators comprised a high of 14.8% of all new commitments in 2005; and
Whereas, In 2005, only 4.1% of all parole violators were returning due to the commission of a new crime. That in 2004, seven out of ten new admissions were for nonviolent offenses and excluding assault, violent offenders received the longest sentences in 2004; and
Whereas, As of December, 2005, West Virginia's correctional population was over two and one-half times its size in 1993. That between 1998 and 2000, 53.2% of inmates were released on parole compared to 41.8% between 2001 and 2005 so nearly half (48.6%) of all inmates released in 2005 were granted parole. Therefore, the largest percent increase in parole grant rates occurred in 2005, with a 10.0% increase from the previous year; and
Whereas, West Virginia's correctional population is forecasted to increase at an average annual growth rate of 3.3% over the next decade and according to the forecast, the Division of Corrections can expect to receive approximately 205 additional inmates per year. Therefore, the correctional population is expected to reach 6,192 inmates in 2010 and 7,369 in 2015; and
Whereas, The information provided in this resolution will assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population as well as providing adequate pay, benefits, and a safe secure workplace for the employees in the correctional system; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates March 16, 2009, as "Corrections Day"; and, be it
Further Resolved, That the House of Delegates recognizes the exceptional service and commitment of the employees of the Division of Corrections; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Director of the Division of Corrections.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 30) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2401, Providing for the expiration of the alternative minimum tax,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2401 - "A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as amended, relating to the expiration of the alternative minimum tax; and providing for the expiration of the alternative minimum tax for tax years beginning on and after January 1, 2010,"
With the recommendation that the committee substitute 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. 2831, Treasurer's Office, selection of state depositories,
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. 2831) was referred to the Committee on the Judiciary.
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. 2920, Making a second conviction for petit larceny a felony,
And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, 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. 2920) 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. 2965, Requiring candidates for the House of Delegates and the Senate to file their announcement of candidacies with the Secretary of State,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2965 - "A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to requiring candidates for the House of Delegates and the Senate to file their announcement of candidacies with the Secretary of State,"
With the recommendation that the committee substitute 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. 2916, Relating to the Emergency Medical Services Act,
And,
H. B. 2951, Increasing the penalties for overtaking and passing a school bus stopped for the purpose of receiving or discharging children,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2916 and H. B. 2951) were each referred to the Committee on Finance.
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. 238 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-11-9a; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices generally; prohibiting discrimination based upon age or sexual orientation in housing; defining 'sexual orientation' and 'age'; creating exceptions for religious institutions and certain nonprofit organizations from the sexual orientation proscriptions of this bill when such employment comports with specific criteria; expressly authorizing dress codes; and defining 'religious institutions'"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 318 - "A Bill to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to the duties and powers of the director and officers of the West Virginia Division of Protective Services; extending division jurisdiction over state property throughout the state under certain circumstances; and clarifying that division has no responsibility for providing security for state facilities outside the Capitol Complex"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub for S. B. 375 - "A Bill to amend and reenact §5B-2A-3, §5B-2A-5, §5B-2A-6 and §5B-2A-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-3-10 of said code, all relating to the Office of Coalfield Community Development and master land use plans; defining terms; powers and duties; requiring state, local, county or regional development or redevelopment authorities to develop master land use plans; requiring mine operators to consider and acknowledge recommendations of master land use plans in community impact statements; requiring the development authorities to acknowledge the community impact statements; requiring the Office of Coalfield Community Development to assist with the development and preparation of master land use plans; providing for review and approval of master land use plans; requiring the post-mining land use proposed in reclamation plans to comport with associated master land use plans; allowing approval of noncomporting post-mining land uses; and satisfying variance requirement by compliance with master mine use plans"; which was referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Phillips, Barker, Martin, Klempa, Staggers, Brown, Talbott, Beach, Lawrence and Hall:

H. B. 3150 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to county boards of education; requiring that transportation to and from school be provided for each child that needs or desires transportation; requiring that each board establish and observe strict transportation schedules for its bussing students; and requiring that new routes scheduled limit the periods of travel"; to the Committee on Education then Finance.
By Delegates White, Kominar, Campbell and Craig:

H. B. 3151 - "A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the frequency of funding of the courtesy patrol program out of the Tourism Promotion Fund"; to the Committee on Finance.
By Delegates Caputo, Ashley, White, Kominar and Campbell:

H. B. 3152 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all relating to establishment of the Athletic Trainers Registration Act; providing for registration of athletic trainers with the Secretary of State; defining athletic training and athletic trainer; establishing the Secretary of State as agent for service of process purposes; authorizing the Secretary of State to issue subpoenas and subpoenas ducem tecum; prohibiting the advertisement or representation as an athletic trainer unless registered; providing registration and renewal requirements; providing for denial, revocation, suspension or refusal to renew registration or renewal; and allowing the Secretary of State to establish registration and renewal fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Givens, Ennis, Frazier, Iaquinta, Azinger and Ferro:

H. B. 3153 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to the personal income tax; specifying that federal civil service system retirement income derived from military retirement system pensions that have been converted to federal civil service system pensions is treated as military retirement income for purposes of the modifications to federal adjusted gross income set forth in article twenty-one, chapter eleven of this code"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hamilton, Staggers, Tabb, Barker, Canterbury, Schadler, Wooton, Fleischauer, Campbell, Blair and Ellem:

H. B. 3154 - "A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Priority Dispatch procedures that shall be adopted forthwith as a uniform body of procedures by all fifty-five county commissions and their respective 911 call centers within West Virginia"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Campbell, White and Kominar:

H. B. 3155 - "A Bill to amend and reenact §12-1A-4 and §12-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §12-1A-7 and §12-1A-8, all relating to the renewal of the West Virginia Small Business Linked Deposit Program; limiting liability of certain state agencies; penalties for violation and updating certain language within the code"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Boggs, Campbell, Caputo, Eldridge, Manchin, Pethtel, Phillips, Williams, White, Craig and Border:

H. B. 3156 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5- 10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11 and §5-10E-12; and to amend and reenact §36-8- 13 of said code, all relating to establishing the West Virginia Voluntary Employee Retirement Accounts Program in the office of the State Treasurer; establishing findings; defining terms; creating program as a body corporate; providing for liberal construction; requiring compliance with federal and state law; providing for plan administration; authorizing Treasurer to propose rules; establishing participation; requiring all federal approvals be received before operations begin; creating trust; prohibiting assignment, except for qualified domestic relations orders; authorizing investments; specifying that the corpus, assets and earnings of trust do not constitute public funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees from accounts: creating administration account; requiring that any funds appropriated by the Legislature be reimbursed; specifying the state and the Treasurer are not liable for losses; specifying certain information is confidential; requiring payroll information be provided to the Treasurer; and providing for the transfer of money from the Unclaimed Property Trust Fund for start-up of the program"; to the Committee on Finance.
By Delegates Williams and Shaver:

H. B. 3157 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c; and to amend and reenact §18-9D-3 and §18-9D-15 of said code, all relating to allowing a county board of education to enter into lease-purchase agreements and allowing the School Building Authority to provide one-time grants to a county board of education for the purpose of entering into lease-purchase agreements for the construction of school facilities"; to the Committee on Education then Finance.
By Delegates White, Boggs, Caputo, Fragale, Webster, Morgan, M. Poling, Campbell, Craig, Schadler and Rowan:

H. B. 3158 - "A Bill to amend and reenact §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-9, §8-13C-11 and §8-13C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-15-8a and §8-15-8b of said code; to amend said code by adding thereto two new sections, designated §8-15-8d and §8-15-8e; to amend and reenact §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a, §8-22-26a and §8-22-27 of said code; to amend said code by adding thereto two new sections, designated §8-22-18a and §8-22-18b; to amend said code by adding thereto a new section, designated §11-21-12i; to amend and reenact §12-4-14 of said code; to amend said code by adding thereto a new section, designated §33-2-15e; to amend and reenact §33-3-14d and §33-3-33 of said code; and to amend said code by adding thereto three new sections, designated §33-3-14e, §33-3-34 and §33-3-35, all relating to providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments"; to the Committee on Finance.
By Delegates Boggs, White, Smith, Walker and Rowan:

H. B. 3159 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to prohibiting moneys from any state fund or funding source to be expended for any abortion unless the abortion qualifies for federal funding under Medicaid"; to the Committee on Finance.
By Delegates White, Eldridge, Ashley and Craig:

H. B. 3160 - "A Bill to amend and reenact §15-2D-7 of the Code of West Virginia, 1931, as amended, relating to the Security Enforcement Fund of the Division of Protective Services; and authorizing the Director of the Division of Protective Services to assess, charge and collect fees from state spending units and private entities for law-enforcement services provided during extraordinary events"; to the Committee on Finance.
By Delegates Eldridge, Webster, Shook, Ross, Porter and Caputo:

H. B. 3161 - "A Bill to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to duties and powers of the Director and officers of the Division of Protective Services; and providing that the officers of the Division of Protective Services have the same powers of arrest and law enforcement as members of the West Virginia State Police"; to the Committee on the Judiciary.

Special Calendar

Unfinished Business

H. C. R. 17, The "War Veterans of Mercer County Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 25, Requesting that the Division of Highways relocate the marker known as the Washington Lands Marker in Moundsville; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third Reading

Com. Sub. for H. B. 2423, Relating to the Board of Medical Imaging and Radiation Therapy Technology; 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. 47), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2423) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 48), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2423) takes effect from its passage.
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. 2444, Creating the Legislative Oversight Commission on Long-Term Care; 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. 49), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2444) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 50), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2444) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2651, Repealing article regulating male breeding animals; 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. 51), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2651) 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. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984; 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. 52), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2652) 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. 2869, Lengthening the time frame for the filing of post-primary and post general campaign financial statements; 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. 53), and there were--yeas 97, nays 2, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes and Sobonya.
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2869) 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. 2904, Authorizing rules for higher education; 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. 54), and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Andes, Lane and Walters.
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2904) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 55), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2904) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2913, Relating to the Statewide Independent Living Council; 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. 56), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2913) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 57), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2913) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods; 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. 58), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2950) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
H. B. 2950 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-6c, relating to the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods; creating the Neighborhood Housing and Economic Stabilization Program; authorizing the Economic Development Authority to contract with the Housing Development Fund to administer the program and distribute funding to program participants; establishing general guidelines and priorities for funding; establishing funding for the program; and legislative findings."
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. 2969, Requiring firefighters to have annual hazardous materials training; 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. 59), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2969) passed.
Delegate Boggs moved that the bill take effect July 1, 2009.
On this question, the yeas and nays were taken (Roll No. 60), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent And Not Voting: Schoen.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2969) 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.
Second Reading

Com. Sub. for H. B. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2335, Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program"; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2691, Repealing outdated sections of West Virginia Code; on second reading, coming up in regular order, was then read a second time.
On motion of Delegate Webster, the enacting section was amended to read as follows:
"That §5-1D-11 of the Code of West Virginia, 1931, as amended, be repealed; that §5-10D-8 of said code be repealed; that §5-11-21 of said code be repealed; that §5-14-12 of said code be repealed; that §5-16-4a and §5-16-27 of said code be repealed; that §5-16B-4a of said code be repealed; that §5-16C-10 of said code be repealed; that §5-22A-15 of said code be repealed; that §5-26A-6 of said code be repealed; that §5-28-4 of said code be repealed; that §5A-3-57 of said code be repealed; that §5A-3C-16 of said code be repealed; that §5A-8-15a of said code be repealed; that §5A-11-8 of said code be repealed; that §5B-2-13 of said code be repealed; that §5B-2A-13 of said code be repealed; that §5B-2C-8 of said code be repealed; that §5C-2-6 of said code be repealed; that §5D-1-24 of said code be repealed; that §6B-2-11 of said code be repealed; that §6C-3-5 of said code be repealed; that §7-4-6a of said code be repealed; that §9A-1-2a of said code be repealed; that §10-5-6 of said code be repealed; that §11-1-8 of said code be repealed; that §12-6-20 of said code be repealed; that §12-6C-20 of said code be repealed; that §15-2-50 of said code be repealed; that §15-2D-6 of said code be repealed; that §15-2E-8 of said code be repealed; that §16-1-13a of said code be repealed; that §16-4C-5a of said code be repealed; that §16-5P-15 of said code be repealed; that §16-5Q-3 of said code be repealed; that §16-29B-28 of said code be repealed; that §16-41-7 of said code be repealed; that §17-2A-1a of said code be repealed; that §17A-2-24 of said code be repealed; that §17A-6-18b of said code be repealed; that §17B-1D-10 of said code be repealed; that §18-2F-9 of said code be repealed; that §18-9D-18 of said code be repealed; that §18-10C-3 of said code be repealed; that §18-10L-8 of said code be repealed; that §18A-3A-4 of said code be repealed; that §18B-16-6b of said code be repealed; that §19-1-3b of said code be repealed; that §19-2B-1a of said code be repealed; that §19-2F-11 of said code be repealed; that §19-23-30 of said code be repealed; that §20-1-18d and §20-1-21 of said code be repealed; that §20-2-23f of said code be repealed; that §20-5-20 of said code be repealed; that §21-1-5 of said code be repealed; that §21-9-13 of said code be repealed; that §21-11-19 of said code be repealed; that §21A-1-9 of said code be repealed; that §21A-2-9 of said code be repealed; that §22-1-4 and §22-1-7a of said code be repealed; that §22-3A-11 of said code be repealed; that §22-15A-15 of said code be repealed; that §22-20-2 of said code be repealed; that §22B-3-5 of said code be repealed; that §22C-7-4 of said code be repealed; that §22C-9-4a of said code be repealed; that §22C-11-6 of said code be repealed; that §23-5-17 and §23-5-18 of said code be repealed; that §24-1-10 of said code be repealed; that §25-1-2 of said code be repealed; that §25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5, §25-6-6 and §25-6-7 of said code be repealed; that §29-1-1b of said code be repealed; that §29-1A-5 of said code be repealed; that §29-2-10 of said code be repealed; that §29-3-31 of said code be repealed; that §29-6-5a of said code be repealed; that §29-12-12 of said code be repealed; that §29-18-24 of said code be repealed; that §29-20-7 of said code be repealed; that §29-21-3a of said code be repealed; that §29-22-26 of said code be repealed; that §30-3-18 of said code be repealed; that §30-4-30 of said code be repealed; that §30-5-25 and §30-5-29 of said code be repealed; that §30-6-32 of said code be repealed; that §30-7-17 of said code be repealed; that §30-7A-12 of said code be repealed; that §30-7B-10 of said code be repealed; that §30-8-11 of said code be repealed; that §30-9-32 of said code be repealed; that §30-12-15 of said code be repealed; that §30-13A-37 of said code be repealed; that §30-14-16 of said code be repealed; that §30-20-15 of said code be repealed; that §30-21-16 of said code be repealed; that §30-22-29 of said code be repealed; that §30-23-30 of said code be repealed; that §30-30-14 of said code be repealed; that §30-32-22 of said code be repealed; that §30-34-17 of said code be repealed; that §30-35-15 of said code be repealed; that §30-36-20 of said code be repealed; that §30-37-12 of said code be repealed; that §30-38-19 of said code be repealed; that §30-40-28 of said code be repealed; that §31-16-5 of said code be repealed; that §31A-3-5 of said code be repealed; that §33-48-11 of said code be repealed; that §48-18-134 of said code be repealed; that §48-26-1102 of said code be repealed; that §5-6-1 of said code be amended and reenacted; that §5A-1-11 of said code be amended and reenacted; that §5B-1-1a of said code be amended and reenacted; that §9-2-1a of said code be amended and reenacted; that §9-4-3 of said code be amended and reenacted; that §16-1-16 of said code be amended and reenacted; that §17-16A-3 of said code be amended and reenacted; that §17B-2-7a of said code be amended and reenacted; that §17C-15-44 of said code be amended and reenacted; that §18-10A-2 of said code be amended and reenacted; that §19-1-3a of said code be amended and reenacted; that §19-12A-3 of said code be amended and reenacted; that §22-25-13 of said code be amended and reenacted; that §22C-12-6 of said code be amended and reenacted; that §24-1-3 of said code be amended and reenacted; that §24A-1A-2 of said code be amended and reenacted; that §24E-1-11 of said code be amended and reenacted; that §30-30-3 of said code be amended and reenacted; and that §47A-1-1 of said code be amended and reenacted, all to read as follows" followed a colon.
There being no further amendments, the bill was then ordered to engrossment and third reading.
H. B. 3047, Clarifying that the Director of the Public Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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. 2839, Relating to the management of pain by physicians,
Com. Sub. for H. B. 2877, Increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol,
And,
Com. Sub. for H. B. 2985, Providing information on the West Virginia Schools for the Deaf and Blind to the guardian of a child with a visual or auditory impairment.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Schoen.
At 11:54 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 17, 2009.

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