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House Journal


Day 00 (01-14-2009)
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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)
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Day 24 (03-06-2009)
Day 27 (03-09-2009)
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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)
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Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-03-17-35

__________*__________

Tuesday, March 17, 2009

THIRTY-FIFTH DAY

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

          
     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Monday, March 16, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

     Delegates Eldridge, Anderson, Andes, Argento, Armstead, Azinger, Barker, Blair, Boggs, Border, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Craig, Crosier, Doyle, Ellem, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, McGeehan, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith, Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 32 - "Requesting the Governor to create the 'Mountaineer Freedom Medal' which will be awarded to the families of soldiers killed during hostile operations, to honor those gallant soldiers who have fought and gave the ultimate sacrifice for our freedom in the United States' war on terror."
     Whereas, The fallen soldier Lance Corporal Juston Thacker and his loving family are the inspiration and driving force behind the creation of the "Mountaineer Freedom Medal"; and
     Whereas, Lance Corporal Juston Thacker was killed in a fire fight in Afghanistan on July 6, 2004; and
     Whereas, The family of Juston Thacker feels it is important to show our soldiers how much we truly care about them by creating the "Mountaineer Freedom Medal" to honor all our men and women who so valiantly serve our state and country by giving the ultimate sacrifice; and
     Whereas, Hospital Corpsman 3rd Class, Brian McKinney, a friend of Lance Corporal Juston Thacker, from Rock, West Virginia designed the "Mountaineer Freedom Medal" using his own pain of losing comrades in Afghanistan and Iraq as his emotional inspiration; and
     Whereas, Hospital Corpsman 3rd Class Brian McKinney designed the medal to include a kneeling soldier, with tears in his eyes and an American Flag at his back, which represents that he knows what he is fighting for; a funeral for a fallen soldier; and finally a hill in the background, on the right side of which are graves of fallen soldiers and on the left side of which are the souls of those fallen soldier and at the center is a gate with light brightly shining through the gate; and
     Whereas, Hospital Corpsman 3rd Class Brian McKinney chose to include the words "For those who gave all", to represent those who gave their all for our freedom and the West Virginia moto "Montani Semper Liberi"; and
     Whereas, The State of West Virginia has an excellent reputation in the military and our men and women serve our state and country with pride; and
     Whereas, This is the states opportunity to recognize our fallen heroes by presenting their families with the "Mountaineer Freedom Medal"; therefore, be it
     Resolved by the House of Delegates:
     That the Governor of the State of West Virginia create the "Mountaineer Freedom Medal" to honor our heroes who were killed during hostile operations by awarding their families with the medal; and, be it
     Further Resolved, That the Governor is hereby requested to commission an artist to create a mold of Hospital Corpsman 3rd Class Brian McKinney's drawing for us as the "Mountaineer Freedom Medal"; and, be it
     Further Resolved,
That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, Sharon Bowling, mother of Lance Corporal Juston Thacker, Hospital Corpsman 3rd Class Brian McKinney and Delegate Jeff Eldridge.
     Delegates Eldridge, Anderson, Argento, Azinger, Barker, Beach, Boggs, Border, Butcher, Campbell, Cann, Caputo, Craig, Crosier, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Klempa, Kominar, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Ross, Rowan, Schadler, Shaver, Shook, Skaff, Smith, Staggers, Stephens, Stowers, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 33 - "Requesting that the West Virginia Legislature commemorate the achievements of Patrick 'Pat' White and request the West Virginia University Athletic Department to retire his West Virginia Mountaineer football jersey number five."
     Whereas, Patrick "Pat" White, of Daphne, Alabama, one of the former leaders of the West Virginia University Mountaineer football team, had achieved heights of success on the football field seldom seen before in the history of college football; and
     Whereas, The Mountaineer football team has been a source of great pride for West Virginians throughout the years; and
     Whereas, The people of West Virginia take their team's triumphs and setbacks as their own, in times of hardship and prosperity; and
     Whereas, Patrick White displayed uncommon intensity and determination in preparing for the challenge of leading the Mountaineer football team on many successful endeavors on the football field that inspired his teammates, delighted his fans, and frustrated his opponents, and thereby earned the admiration and gratitude of his fellow West Virginians; and
     Whereas, Among many of his accomplishments as a member of the Mountaineer football team include becoming:
     (1) A finalist for the 2007 and 2008 Heisman Trophy;
     (2) The 2007 Gator Bowl MVP Award recipient;
     (3) The 2008 Fiesta Bowl MVP Award recipient;
     (4) The 2008 Meineke Car Care Bowl Player of the Game Award recipient;
     (5) The Big East Offensive Player of the Year in 2006 and 2007;
     (6) A Johnny Unitas Golden Arm Award finalist in 2008;
     (7) The first and only NCAA quarterback to win four consecutive bowl games as a starter;
     (8) Sixth in NCAA history for most career victories as a starting quarterback;
     (9) The all-time leader in NCAA quarterback rushing yards; and
     (10) The all-time leader in touchdowns for any position in the Big East; and
     Whereas, Patrick White, while wearing West Virginia University football jersey number five, brought great honor to himself, his university, and the State of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the West Virginia Legislature congratulates Patrick White for the many accolades he and his teammates achieved throughout his football playing career at West Virginia University; and,
     Commends Patrick White for demonstrating throughout his football playing career the best qualities of teamwork, dedication, and sportsmanship; and, be it
     Further Resolved, That the West Virginia University Athletic Department enshrine Patrick White's accomplishments by retiring his jersey number five; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Patrick White, as well as to the Director of the West Virginia University Athletic Department.
     Delegate Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 34 - "Requesting the Joint Committee on Government and Finance to study deer/vehicle collisions (DVC) in West Virginia and establish public-private partnerships between the State and insurance companies to address and reduce DVC and to fund DVC countermeasures."
     Whereas, DVC across the United States, including West Virginia, are a significant and increasing safety problem; and
     Whereas, Nationwide, an estimated 1.5 million DVC occur annually, resulting in $1 to $2 billion in economic losses (e.g., insurance claims, property damage, time off work, etc.) twenty-nine thousand personal injuries, and more than two hundred human fatalities; and
     Whereas, In West Virginia, the number of white-tailed deer reportedly killed by vehicles annually has risen substantially from just over two thousand in 1978 to just over nineteen thousand in the year 2007; and
     Whereas, The DVC problem and its potential countermeasures are complex, interdisciplinary issues with significant transportation safety implication; and
     Whereas, Numerous methods have been used to minimize DVC, include, in vehicle technologies, deer whistles, roadway lighting, speed limit reductions, deicing salt alternatives, deer- flagging models, intercept feeding, passive deer crossing signs, dynamic deer crossing signs and sensors, roadside reflectors and mirrors, deer repellants, deer herd reduction, public information and education, roadside vegetation management, exclusionary fencing, wildlife crossings and roadway maintenance, design and planning policies; and
     Whereas, The efficacy of many of these DVC countermeasures have proven to be ineffective. However, some of these measures show promise and should be more fully evaluated using science based, research methodologies; and
     Whereas, The complexity and interdisciplinary nature of the DVC problem and its countermeasures requires adequate research, funding, development of effective partnerships and appropriate exchange of information and technology; therefore, be it
     Resolved by the Legislature of West Virginia:

     That the Joint Committee on Government and Finance is hereby requested to study deer/vehicle collisions (DVC) in West Virginia and establish public-private partnerships between the state and insurance companies to address and reduce DVC and to fund DVC countermeasures; and, be it
     Further Resolved, That representatives from Rahall Appalachian Transportation Institute at Marshall University, Division of Forestry and Natural Resources at West Virginia University, West Virginia Office of the Insurance Commissioner, West Virginia Department of Transportation, and West Virginia Division of Natural resources and insurance companies from the state be appointed to serve on a committee charge with investigating the wide range of issues, concerns and contributing factors associated with DVC in West Virginia; and, be it
     Further Resolved, That the committee prepare recommendations designed to effectively reduce DVC and fund DVC countermeasures in West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates C. Miller, Sobonya, Stephens, Reynolds, Craig and Morgan offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 35 - "Requesting the Division of Highways name bridge number 06-07-0.40 (3633) on Nine Mile Road, County Route 7, Lesage, the 'Pvt. Russell Curtis Knight Memorial Bridge Bronze Star Recipient, WW II Veteran'."
     Whereas, Private Russell Curtis Knight was born in Cabell County, West Virginia and was a farmer before enlisting in the United States Army; and
     Whereas, Private Russell Curtis Knight served his country during World War II with honor and distinction earning a Bronze Star, the EAME Campaign Ribbon, Expert Infantry Badge and a Purple Heart for wounds received in battle near Artena, Italy on June 1, 1944; and
     Whereas, Private Russell Curtis Knight was honorably discharged on January 11, 1945 after serving one and one-half years; and
     Whereas, Private Russell Curtis Knight lived the remainder of his life in West Virginia where he passed away on April 4, 1971; and
     Whereas, Having honorably served and sacrificed for his country, his state and fellow man we are compelled to ensure that future generations are aware of Private Russell Curtis Knight's commitment to the cause of freedom; therefore, be it
     Resolved by the House of Delegates:
     That the Division of Highways is hereby requested to name bridge number 06-07-0.40 (3633) on Nine Mile Road, County Route 7, Lesage, the "Pvt. Russell Curtis Knight Memorial Bridge Bronze Star Recipient, WW II Veteran"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Pvt. Russell Curtis Knight Memorial Bridge Bronze Star Recipient, WW II Veteran"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Private Russell Curtis Knight's family and the Secretary of the Department of Transportation.
     Delegates J. Miller, Anderson, Andes, Ashley, Azinger, Blair, Border, Cann, Canterbury, Carmichael, Cowles, Ellem, Evans, Michael, C. Miller, Overington, Porter, Romine, Rowan, Schadler, Shott, Sumner, and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 36 - "Requesting the Joint Committee on Government and Finance to join President Obama, forty other States of our Union, and the District of Columbia in recognizing the importance of charter schools by implementing a study of Charter School legislation in the State of West Virginia."
     Whereas, Charter Schools are recognized by many as the most powerful and promising education reform movement in decades; and
     Whereas, Education reform through Charter Schools is a paradigm shift in the way we educate our students by placing more power, authority, and accountability in the schools at the local level, with the central goal to help schools produce higher student achievement; and
     Whereas, Charter Schools are public schools; and
     Whereas, Over forty states and the District of Columbia currently authorize Charter Schools, emphasizing increased school autonomy and shared decision-making with teachers, parents, students and community members; and
     Whereas, Charter Schools operating nationally are experiencing higher student performance, more efficient use of resources, increased skills and satisfaction in school administrators and teachers, and greater community involvement; and
     Whereas, Several chapters of the American Federation of Teachers, such as those in Houston and Dallas, have started Charter Schools, and the National Education Association has allocated $1.5 million to help members start Charter Schools; and
     Whereas, Charter Schools are a bipartisan initiative; and
     Whereas, President Obama has promised double funding for the Federal Charter School Program to increase accountability for Charter Schools; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to review, examine and study implementing Charter Schools, together with the legislation and regulation necessary for the implementation of the same, with the goal of providing at least one Charter School in each county of West Virginia by 2012; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendation; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     On motions for leave, joint resolutions were introduced, read by it their titles and severally referred as follows:
     By Delegates Doyle and Longstreth:
     
H. J. R. 22 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article IX thereof, by adding thereto a new section, designated section fourteen, relating to county commission elections; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
     And,
     By Delegate Lane:
     
H. J. R. 23 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, Article X thereof, relating to changing the homestead exemption, for citizens of this state who are sixty-five years of age or older or are permanently and totally disabled, from exempting the first $20,000 of assessed valuation of any real property to exempting the first fifty percent of the average sale of real property in the county over the five years preceding the assessment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
     Delegates Manypenny and Ennis offered the following resolution, which was read by the Clerk as follows:
     H. R. 31 - "Congratulating the Grafton High School Bearcats Football Team on winning the 2008 WVSSAC AA Football Championship."
     Whereas, The Grafton High School Bearcats Football Team won the 2008 AA Football Championship with a 56 to 25 score over Magnolia High School; and
     Whereas, The Grafton High School Bearcats Football Team set three records in the championship game with Damon Waters rushing for a AA State Championship game record of 276 yards while scoring four touchdowns; the Bearcats had 27 first downs, a new record; and a new rushing record for a AA Championship game of 390 yards; and
     Whereas, The win in the championship game avenged the only regular season loss of the Bearcats at the hands of the Magnolia High School Blue Eagles during the last week of the regular season by a score of 29 to 24; therefore, be it
     Resolved by the House of Delegates:
     That the House hereby congratulates The Grafton High School Bearcats Football Team for winning the 2008 WVSSAC AA Football Championship; and, be it
     Further Resolved, That the House commends the Grafton High School Bearcats Football Team, coach and members for their record breaking accomplishment; and, be it
     Further Resolved, That the Clerk of the House prepare a copy of this resolution for Head Coach Mark Yoho, his assistant coaches, other staff members and each member of the Grafton High School Bearcats Football Team.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 31) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Mr. Speaker, Mr. Thompson, and Delegates Perdue, Reynolds, Sobonya and Stephens offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 32 - "Recognizing and honoring Mose A. Napier for his service and dedication as Mayor for the City of Ceredo, West Virginia for the last forty years."
     Whereas, Mose Napier was born, raised, and lived in Ceredo his entire life; and
     Whereas, Ceredo in the 1960's was just sort of a wide spot in the main road, with one policeman who was on call 24/7 and Ceredo had no direction, or long range plans for improvements; and
     Whereas, Mose Napier, just out of college and after serving his Country in the Army, decided that perhaps he could be elected Mayor and with the help of a positive Council begin to drag Ceredo into the twentieth century and began forty years of growth and improvements; and
     Whereas, Under the direction of Mayor Napier the sidewalks and streets were improved. The City Police Officers are Academy trained. Ceredo has one of the finest Volunteer Fire Departments in the Country with a new garage that houses the best in fire trucks, ambulances with the latest life saving equipment; and
     Whereas, With the direction of Mayor Napier the city began a beautification committee. This committee inspired everyone to keep their homes and businesses neat and clean with a lot of flowers; and
     Whereas, Mayor Napier and the city purchased land for the C-K Middle School, High Rise for the Elderly, Paul Billups Memorial Park, Soft Ball Field, Veterans Memorial, walking track and Amphitheater. The park has become a hub for the community and the surrounding area; and
     Whereas, The Mayor and council founded a Museum to house a large petroglyph pulled from the Ohio River in 1975. Since then a new Museum has grown to hold a history of not only Ceredo, the surrounding area, but of our State and also our Nation; and
     Whereas, The last great building project for the Mayor and the city was a new City Hall. It houses the Mayor's office, Council Chambers, the Town Clerk, and the business office for the water company and a satellite office for the accessor of Wayne County; and
     Whereas, The Mayor decided in 1997 that the citizens needed a newspaper to keep them informed as to the happenings in town, hence the New Crescent was born. The paper is delivered free to all homes and businesses in town with bundles going to businesses out of town; and
     Whereas, The city has grown from a one man police department to a well trained department of ten, a well equipped Street Department of twelve employees; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes and honors Mose A. Napier for his service and dedication as Mayor for the city of Ceredo, West Virginia for the last forty years; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Mose A. Napier and to the City Council of the City of Ceredo, West Virginia.
     Delegates Michael, Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Boggs, Border, Brown, Butcher, Campbell, Canterbury, Caputo, Cowles, Craig, Crosier, Duke, Ellem, Evans, Ferro, Fleischauer, Fragale, Frazier, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Mahan, Manypenny, Marshall, Martin, McGeehan, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Porter, Romine, Ross, Rowan, Schoen, Shaver, Shott, Smith, Sobonya, Staggers, Sumner, Talbott, Walker, Webster and Williams offered the following resolution, which was read by the Clerk as follows:
     H. R. 33 - "Commending the West Virginia Division of Forestry for its commitment to the West Virginia Tree Farm Program and congratulating them for their Centennial Anniversary."
     Whereas, The West Virginia Division of Forestry, the former Game & Fish Commission, began its dedication to the protection and improvement of West Virginia's forestlands in 1909; and
     Whereas, The West Virginia Division of Forestry has continued this dedication to the health and sustainability of West Virginia's forestland through its support of and leadership to the West Virginia Tree Farm Program since its inception in 1948; and
     Whereas, The West Virginia Division of Forestry foresters provide a valuable service to the citizens of this state and the nearly 260,000 private forest landowners through their outreach and conservation programs that improve the water, wood, wildlife and recreational value of the forestlands of West Virginia; and
     Whereas, The West Virginia Division of Forestry foresters promote sustainable forest management by providing valuable assistance and certification to the forest landowners in the West Virginia Tree Farm Program; and
     Whereas, The West Virginia Division of Forestry serves an invaluable role in perpetuating the growth and health of West Virginia's 12 million acres of forestland; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates commend and congratulate the West Virginia Division of Forestry for its 100 years of service to the citizens of this state and its dedication to the West Virginia Tree Farm Program as it continues to strive to sustain and improve the water, wildlife, wood and recreational value of the forest lands of West Virginia, and extend our best wishes for another successful 100 years of service to the State of West Virginia; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to State Forester, C. Randy Dye, West Virginia Division of Forestry.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 33) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Delegates Boggs, Argento, Beach, Brown, Canterbury, Cowles, Ennis, Klempa, Pethtel, Ross, Shook, Skaff and Swartzmiller offered the following resolution, which was read by the Clerk as follows:
     H. R. 34 - "Honoring professional licensed land surveyors and declaring the week of March 15th, West Virginia Professional Surveyor's Week."
     Whereas, There are 1200 professional surveyors in the State of West Virginia; and
     Whereas, The nature of surveying has changed dramatically since the founding of our State and its no longer limited to the description and location of land boundaries; and
     Whereas, Various types of land surveys, through the use of sophisticated equipment and techniques, are important to the use of our bodies of water, the development of engineering and construction projects, activities such as aircraft navigation and disaster response, mapping and charting our political and property boundaries, as well as commercial activities involving our natural resources; and
     Whereas, The role of the surveyor has been, and remains, of vital importance in the commerce and development of the State of West Virginia; and
     Whereas, Since the colonial days of this Nation, surveyors have been leaders in the community, Statesmen, influential citizens and shapers of cultural standards; and
     Whereas, Former surveyors include George Washington, Thomas Jefferson and Abraham Lincoln; and
     Whereas, It was the work of the surveyor that determined the boundaries of land that, during the Civil War, became the State of West Virginia; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby honors the professional licensed land surveyors and declares the week of March 15th, West Virginia Professional Surveyor's Week; and, be it
     Further Resolved, That the House of Delegates invites all West Virginians to pay tribute to professional surveyors and their contributions to society; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the West Virginia Society of Professional Surveyors and all members of the Board of Directors.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 34) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

     Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration:
     H. R. 27, Urging West Virginia's congressional delegation to support legislature that would require satellite companies to offer local channels,
     H. C. R. 28, The "Sgt. Daniel Pesimer Memorial Bridge Killed in Vietnam, 1968",
     And,
     H. C. R. 29, The "Arden Cogar, Sr. Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 3008, Relating to the Model Health Plan for Uninsurable Individuals Act,
     And,
     H. B. 3043, Clarifying that dependents must live with the employee and by prohibiting public employees hired on or after July 1, 2009, from applying credit for years of teaching service toward premiums of the Public Employees Insurance Agency,
     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. 3008 and H. B. 3043) were each referred to the Committee on Finance.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 2072, Relating to variable premium adjustable life insurance policies,
     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. 2072) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     S. B. 284, Relating to Viatical Settlements Act,
     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 (S. B. 284) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 3018, Relating to training of insurance producers selling long-term care products,
     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. 3018) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 2346, Providing that the PEIA Finance Board may make optional plans available as an IRS plan or as part of the preferred provider benefits,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 2346) was referred to the Committee on Finance.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 2723, Authorizing municipalities to provide administrative procedures for the assessment and collection of delinquent municipal fees,     
     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. 2723) was referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 2932, Requiring the approval of board of health rules relating to tobacco use in public or private places,
     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. 2932) was referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 2767, Changing the membership of the PEIA Financial Board,        
     And,
     H. B. 2957, Requiring the county extension service to collect applicable data regarding the locations of all cemeteries within West Virginia,
     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 Government Organization.
     In accordance with the former direction of the Speaker, the bills (H. B. 2767 and H. B. 2957) were each referred to the Committee on Government Organization.
     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. 2742, Repealing outdated provisions from the WV Code relating to vinegars,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2742 - "A Bill to repeal §19-22-1, §19-22-2, §19-22-3, §19-22-4, §19- 22-5, §19-22-6 and §19-22-7 of the Code of West Virginia, 1931, as amended, relating to vinegars,"
     And,
     H. B. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2968 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-5c, relating to requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems,"
     With the recommendation that the committee substitutes 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. 2541, Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those animals,
     And reports the same back with the recommendation that it do pass.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 2027, Relating to the regulations for opioid treatment facilities,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2027 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-19a-1, §11-19a-2, §11-19a-3, 11-19a-4 and §11-19a- 5, all relating to creating an excise tax on methadone in the amount of $1.00 per daily dose per patient being treated for opioid addiction,"
     With the recommendation that the committee substitute do pass.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 2908, Raising the age of consent that a minor may refuse health treatment,
     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. 2908) was referred to the Committee on the Judiciary.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 3083, Permitting blood donations by persons age sixteen with parental consent,
     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 the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (H. B. 3083) to the Committee on the Judiciary was abrogated.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine,
     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. 2485) was referred to the Committee on the Judiciary.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 3126, Requiring the DHHR to annually review and adjust rates it pays to care providers,
     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. 3126) was 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
     S. B. 344 - "A Bill to amend and reenact §27-7-4 of the Code of West Virginia, 1931, as amended, relating to authorizing mental hygiene commissioners to sign readmission orders"; 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
     S. B. 445 - "A Bill to amend and reenact §19-21A-6 of the Code of West Virginia, 1931, as amended, relating to removing the certification requirements for election of conservation supervisors"; which was referred to the Committee on Agriculture then the Judiciary.
Petitions

     Delegate Campbell presented a petition signed by residents of Greenbrier County, relating to a petition for reform of the law regarding annexation without election; which was referred to the Committee on Judiciary.
     Delegate M. Poling presented a petition signed by 405 residents of the state, in support of a Surface Owner's Bill of Rights; which was referred to the Committee on the Judiciary

Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate McGeehan:

     H. B. 3162 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f, relating to prohibiting coverage for abortions under insurance plans provided under the Public Employees Insurance Act"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Ashley:

     H. B. 3163 - "A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to limitations on enforcement of judgments generally; and providing that the limitation on child support is tolled until the last child that is subject of an income withholding order reaches eighteen years of age or is legally emancipated"; to the Committee on the Judiciary.
By Delegates Stephens, D. Poling, Swartzmiller and Perry:

     H. B. 3164 - "A Bill to amend and reenact §17-22-1, §17-22-6, §17-22-7, §17-22-8, §17-22-9, §17-22-10, §17-22-11 and §17-22-13 of the Code of West Virginia, 1931, as amended, all relating to amending restrictions on outdoor advertising of businesses located on real property owned or leased by the business advertised"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Duke, J. Miller and Tabb:

     H. B. 3165 - "A Bill to repeal §47-19-1, §47-19-2, §47-19-3, §47-19-4, §47-19-5, §47-19-6, §47-19-7 and §47-19-8 of the Code of West Virginia, 1931, as amended, all relating to repeal this article which allows a business to acquire a license to sell drug paraphernalia, which eliminates a conflict within the code"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates J. Miller, Sumner, Cowles, Andes and C. Miller:

     H. B. 3166 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to state personal income tax credit for persons paying for qualified medical expense or health insurance for themselves, spouse or dependent"; to the Committee on Banking and Insurance then Finance.
By Delegates Perry, White, Fragale, Caputo, Hatfield, Guthrie, Schadler and Hamilton:

     H. B. 3167 - "A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to decreasing the student to nurse staffing ratio; expanding coverage to all school grades; and eliminating a county's ability to contract out nursing services"; to the Committee on Education then Finance.
By Delegates Overington, Duke, Blair, J. Miller and Tabb:

     H. B. 3168 - "A Bill to amend and reenact chapter 83, Acts of the Legislature, regular session, 1970, relating to changing the Martinsburg public library to the Martinsburg-Berkeley County Public Library; to create a library board with the power to operate the said public library; and to provide a stable method of financing the operation of the Martinsburg-Berkeley County Public Library"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Webster, Wooton, Shook, Fleischauer, Miley, Manchin, Ellem, Frazier, Lane and Shott:

     H. B. 3169 - "A Bill to amend and reenact §44-2-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-3A-2 of said code, all relating to providing a standard of review that the county commission may apply in reviewing the findings or orders of a fiduciary supervisor or fiduciary commissioner on probate matters"; to the Committee on the Judiciary.
By Delegates Webster, Wooton, Shook, Fleischauer, Miley, Manchin, Ellem, Frazier, Lane and Shott:

     H. B. 3170 - "A Bill to amend and reenact §44A-2-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44A-3-11 of said code, all relating to clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons"; to the Committee on the Judiciary.
By Delegates White, Kominar and Perry:

     H. B. 3171 - "A Bill to amend and reenact §29-12A-16 of the Code of West Virginia, 1931, as amended, relating to if any group of two or more political subdivisions establish and maintain a self-insurance pool the operation of such a pool will constitute doing insurance business and will be governed by the insurance laws of the State of West Virginia"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Hatfield, Perdue, Smith and Brown:

     H. B. 3172 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-2-7, relating to increasing compensation of employees of the Mildred Mitchell-Bateman Hospital and the William R. Sharpe, Jr. Hospital"; to the Committee on Health and Human Resources then Finance.
By Delegates D. Poling, Hamilton and Caputo:

     H. B. 3173 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-13, relating to overtime and holiday pay for classified employees; and providing for additional payment for weekend and holiday work"; to the Committee on Education then Finance.
By Delegate Morgan:

     H. B. 3174 - "A Bill to amend and reenact §3-6-2 of the Code of West Virginia, 1931, as amended, relating to the form of general election ballots"; to the Committee on the Judiciary.
By Delegates Klempa, D. Poling, Swartzmiller and Perry:

     H. B. 3175 - "A Bill to amend and reenact §29-18-6 of the Code of West Virginia, 1931, as amended, relating to the amount of expenditure for rolling stock"; to the Committee on Finance.
By Delegates Miley, Webster, Fleischauer, Susman, Guthrie, Barker and Caputo:

     
H. B. 3176 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-7A-1, §22-7A-2, §22-7A-3, §22-7A-4, §22-7A-5, §22-7A-6, §22-7A-7 and §22-7A-8, all relating to the production of oil and gas; enacting the surface owners protection act; creating certain duties owed by oil and gas operators to surface owners; requiring notice to the surface owner when oil and gas operations are initiated; providing for an agreement between surface owners and operators regarding use of the land; and requiring a bond or other surety in certain circumstances"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Miley:

     H. B. 3177 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to banning abortions in instances when the unborn child is capable of survival if delivered; and providing a criminal penalty for violation"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Michael, Hartman, Ross, Morgan, Armstead, Kominar, Varner, Williams and Azinger:

     H. B. 3178 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and §55-7E-6, all relating to filing of claims for asbestos; disclosures regarding existing and anticipated claims involving asbestos bankruptcy trusts; defendants' rights in asbestos action to require claimant to show cause regarding additional bankruptcy trust claims; certification of cause of action by court; discovery of materials from bankruptcy trusts; value of trust claims; sanctions for noncompliance; and rights of setoff"; to the Committee on the Judiciary.
By Delegate Brown:

     H. B. 3179 - "A Bill to amend and reenact §11-13X-3, §11-13X-5, §11-13X-6, §11-13X-8, §11-13X-9 and §11-13X-13 of the Code of West Virginia, 1931, as amended; all relating generally to the West Virginia Film Industry Investment Act; clarifying definitions; stating the amount of credit allowed in specified percentages; clarifying contradictory requirements to claim credit; clarifying language relating to use of credit and transfer process; clarifying language to protect transferees; authorizing issuance of rules by the Secretary of Commerce for administration of the film credit; and making amendments retroactively applicable to taxable years beginning after December 31, 2007"; to the Committee on Finance.
By Delegates Stowers, Williams, Hutchins, Barker, Craig, Marshall, Perry, Eldridge and Frazier:

     
H. B. 3180 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code; all relating to pupil teacher ratios by providing for additional payment to classroom aides in prekindergarten or kindergarten classes for any pupils over the twenty maximum pupil-teacher ratios; to establish a pupil-teacher ratios of twenty to one in all prekindergarten classes; employment and compensation of school service personnel by creating two new job titles 'bus operator II' and 'bus operator III'; the employment and compensation of school service personnel by increasing the service personnel pay scales; upgrading the pay grades of certain aids, bus operators, cooks and custodians; and use of seniority in certain positions"; to the Committee on Education then Finance.
By Delegates Moore and Shook:

     H. B. 3181 - "A Bill to amend and reenact §31A-2A-1 of the Code of West Virginia, 1931, as amended, relating to providing that the definition of 'financial institution' includes regulated consumer lenders, residential mortgage lenders, brokers and servicers, licensed money services businesses and all entities which are by law under the jurisdiction and supervision of the Commissioner of Banking"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Miley and Kominar:

     H. B. 3182 - "A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of membership plans by consumer lenders; defining membership plans; specifying conditions for sale of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Brown, Staggers, Marshall, Hatfield, Mahan, Susman, Longstreth, Webster, Spencer and M. Poling:

     
H. B. 3183 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-22a, relating to requiring all state boards, commissions, committees or councils to be gender balanced and to have proportionate representation of minorities in the state"; to the Committee on Government Organization then Finance.
By Delegates Boggs, Webster, Kominar and Swartzmiller:

     H. B. 3184 - "A Bill to amend and reenact §61-3-12 and §61-3-29 of the Code of West Virginia, 1931, as amended, all relating to establishing a criminal penalty for entry upon any property owned or leased by a public utility or a company engaged in the production or transmission of natural gas; increasing from a misdemeanor to a felony the penalty for damage or destruction of real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, stormwater, telecommunications and cable service"; to the Committee on the Judiciary.
By Delegates Marshall, Fleischauer, Shook and Beach:

     H. B. 3185 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit judge to the seventeenth judicial circuit"; to the Committee on the Judiciary then Finance.
By Delegates Pethtel and M. Poling:

     H. B. 3186 - "A Bill to amend and reenact §18A-3-2b of the Code of West Virginia, 1931, as amended, relating to teacher induction; mentor teacher stipend; enforcement of teacher mentor provisions; teacher mentor selection; limited authority to select teacher from a different school; and summer academy for beginning teachers"; to the Committee on Education then Finance.
By Delegates D. Poling:

     H. B. 3187 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to prohibiting the Department of Health and Human Resources from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fleischauer, Marshall, Beach, Shook, Fragale, Frazier, Manypenny, Miley, Perry, Staggers and Williams:

     H. B. 3188 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-2D-1, §18B-2D-2, §18B-2D-3 and §18B-2D-4, all relating to the Higher Education Merit Screening Advisory Committee, legislative findings; creation of the Higher Education Merit Screening Advisory Committee; purpose, composition and terms of the committee; meetings and quorum; compensation and expenses; powers and duties of the committee"; to the Committee on Education then Finance.
By Delegates Morgan, Boggs, Caputo, Fragale, White, Webster and M. Poling:

     H. B. 3189 - "A Bill to amend and reenact §4-8-1 of the Code of West Virginia, 1931, as amended, relating to adding members to the Capitol Building Commission"; to the Committee on Government Organization.
By Delegates Spencer, Campbell and Williams:

     
H. B. 3190 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-9a, relating to the purchase of previous service of eligible emergency medical service officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS)"; to the Committee on Pensions and Retirement then Finance.

Special Calendar

Third Reading

     Com. Sub. for H. B. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules; 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. 61), 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. 2225) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 62), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: Lane.
     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. 2225) take 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. 2335, Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program"; 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. 63), 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. 2335) 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. 2691, Repealing outdated sections of West Virginia Code; 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. 64), 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. 2691) passed.
     On motion of Delegate Webster, the title of the bill was amended to read as follows:
     Com. Sub. for H. B. 2691 - "A Bill to repeal §5-1D-11 of the Code of West Virginia, 1931, as amended; to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of said code; to repeal §5A-3-57 of said code; to repeal §5A-3C-16 of said code; to repeal §5A-8-15a of said code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 of said code; to repeal §7-4-6a of said code; to repeal §9A-1-2a of said code; to repeal §10-5-6 of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal §15-2E-8 of said code; to repeal §16-1-13a of said code; to repeal §16-4C-5a of said code; to repeal §16-5P-15 of said code; to repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said code; to repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code; to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of said code; to repeal §18-9D-18 of said code; to repeal §18-10C-3 of said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code; to repeal §18B-16-6b of said code; to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11 of said code; to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21 of said code; to repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of said code; to repeal §21A-2-9 of said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4 of said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal §23-5-17 and §23-5-18 of said code; to repeal §24-1-10 of said code; to repeal §25-1-2 of said code; to repeal §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; to repeal §29-1-1b of said code; to repeal §29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal §29-3-31 of said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of said code; to repeal §29-21-3a of said code; to repeal §29-22-26 of said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal §30-6-32 of said code; to repeal §30-7-17 of said code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal §30-8-11 of said code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said code; to repeal §30-13A-37 of said code; to repeal §30-14-16 of said code; to repeal §30-20-15 of said code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to repeal §30-23-30 of said code; to repeal §30-30-14 of said code; to repeal §30-32-22 of said code; to repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to repeal §31-16-5 of said code; to repeal §31A-3-5 of said code; to repeal §33-48-11 of said code; to repeal §48-18-134 of said code; to repeal §48-26-1102 of said code; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §9-4-3 of said code; to amend and reenact §16-1-16 of said code; to amend and reenact §17-16A-3 of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22-25-13 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; to amend and reenact §30-30-3 of said code; to amend and reenact §47A-1-1 of said code, all relating to removing non- utilized code sections."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     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 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. 65), and there were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
     Nays: 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 (H. B. 3047) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third 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.
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. 2401, Providing for the expiration of the alternative minimum tax,
     H. B. 2920, Making a second conviction for petit larceny a felony,
     And,
     Com. Sub. for H. B. 2965, Requiring candidates for the House of Delegates and the Senate to file their announcement of candidacies with the Secretary of State.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Schoen.
     Delegate Campbell addressed the House regarding the firing of a beekeeper inspector within the Department of Agriculture.
     At the conclusion of Delegate Campbell's remarks, Delegate Armstead asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
     At 12:30 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 18, 2009.

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