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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)
hdj2009-03-19-37


__________*__________







Thursday, March 19, 2009

THIRTY-SEVENTH DAY

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



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 18, 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 and consideration of resolutions.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, and Delegates Armstead, Anderson, Ashley, Azinger, Blair, Boggs, Border, Canterbury, Caputo, Carmichael, Cowles, Duke, Ellem, Evans, Fragale, Hamilton, Hatfield, Ireland, Lane, Marshall, McGeehan, C. Miller, Morgan, Overington, Paxton, Perdue, M. Poling, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner, Talbott, Webster and White offered the following resolution, which was read by the Clerk as follows:
H. C. R. 40 - "Celebrating the life and lamenting the death of Cecil H. Underwood, the youngest and oldest Governor of the State of West Virginia, former member and Minority Leader of the House of Delegates from the County of Tyler, longtime community leader, loving father and grandfather, devoted public servant, and a great asset to his State and Country."
Whereas, Cecil H. Underwood was born on November 5, 1922, in the small community of Josephs Mills in Tyler County, the youngest of five children of Silas H. and Della Forrester Underwood; and
Whereas, In 1944, one year following his graduation from Salem College, Cecil entered politics at the age of 22 when he successfully ran as a Republican for the West Virginia House of Delegates representing Tyler County. He served in the House for twelve years, becoming Minority Leader in 1949. After eight years in that post, he announced his run for Governor on January 4, 1956; and
Whereas, Cecil Underwood was elected Governor in 1956 at the age of thirty-four, the youngest person ever elected Governor of West Virginia; and
Whereas, Cecil Underwood recognized the impact of a modern highway system on the American way of life and broke ground on sections of Interstate 64 in 1957 and Interstate 77 and Interstate 81 in 1958 to become known as the "Father of West Virginia's Interstate Highway System"; and
Whereas, During his first term as Governor, Cecil Underwood also reduced costs by mandating the competitive bidding process for all state purchases, established the Department of Mental Health, continued the nonviolent desegregation of the state's schools, advocated an organized civil service and retirement pension system, and developed the State Temporary Employment Program, or STEP, to provide assistance to coal miners laid off as machines replaced manual labor; and
Whereas, Always a futurist who saw advancements in technology as a way to provide opportunities for the people of West Virginia, Cecil Underwood proposed a plan for the gasification of coal through the use of nuclear energy in 1960; and
Whereas, In 1996, Cecil Underwood was elected the 32nd Governor of West Virginia on his seventy-fourth birthday to become the oldest person ever elected governor in West Virginia; and
Whereas, During his second term, Cecil Underwood dedicated his endless energy and intellect to ensuring that jobs were created, roads built and paved, and technology implemented in schools and senior centers to help West Virginia's citizens realize their dreams here in his beloved state; and
Whereas, Always a teacher, Cecil Underwood began his career as a high school biology teacher and, after his last term in office, was an adjunct professor at Marshall University. He received a BA from Salem College and an MA from West Virginia University. He was working on a Ph.D. in political science at West Virginia University when he decided to abandon the degree and run for governor in 1956; and
Whereas, During the time between his terms as governor, Cecil Underwood was President of Bethany State College and worked at Island Creek Coal Company, Monsanto Corporation and New York Life Insurance Company; and
Whereas, Cecil Underwood was predeceased by the love of his life, Hovah Hall Underwood, in 2004 following fifty-six years of marriage; and
Whereas, Cecil and Hovah were the proud parents of two daughters, Cecilia and Sharon, and a son, Craig, all of whom survive him. He is also survived by six grandchildren, Chris, Coleman, Mary, Quintin, Jordan and Myles; and
Whereas, Cecil Underwood was a man of integrity, wit and humor who enjoyed his service to his fellow West Virginians and inspired others to follow his example of honesty and public service; and
Whereas, As a further and lasting legacy, Cecil and Hovah Underwood directed that their bodies be donated to science so that, even in death, they continued to serve their fellow West Virginians; and
Whereas, Cecil Underwood was a gentleman, a statesman, an educator and a first class leader who served the State of West Virginia with honor and dignity and dedicated his entire life to the causes of people around him, it is the resolved sense of this Legislature that the life and death of Cecil H. Underwood must not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature acknowledges the extraordinary and exemplary life of Cecil H. Underwood, educator, businessman and public servant, who touched the lives of countless West Virginians; a man who loved his family and the State of West Virginia; that this House collectively celebrates, honors and remembers his commitment to public service and to the people of the State of West Virginia while solemnly noting his death, and hereby enrolls his life in the history of the Legislature of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to his children, Cecilia Underwood Baker, Sharon Underwood, and Craig Underwood; and, be it
Further Resolved, That the Clerk of the House of Delegates also cause a certified copy of this resolution to be placed in the Division of Archives and History.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 40) to a committee was dispensed with, and it was taken up for immediate consideration and put upon its adoption.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 69), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Mahan, Walters and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 40) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegates Boggs, Azinger, Beach, Brown, Butcher, Campbell, Canterbury, Crosier, Ellem, Ennis, Evans, Ferro, Fragale, Frazier, Hamilton, Hartman, Iaquinta, Klempa, Louisos, Manypenny, Marshall, Michael, Moore, Morgan, Perry, Ross, Shaver, Spencer, Stowers, Swartzmiller, Talbott and Walker offered the following resolution, which was read by the Clerk as follows:
H. R. 36 - "Urging the U.S. Congress to enact the Education Begins at Home Act."
Whereas, West Virginia faced serious challenges regarding the well-being of our children including one of the nation's highest rates of child abuse and neglect; and,
Whereas, In-Home Family Education programs help address these challenges by providing voluntary parenting education and support to vulnerable families with very young children through home visits, and helping parents understand their role as their child's first and most important teacher; and,
Whereas, In-Home Family Education programs provide information and support in such areas as prenatal care, child health, early learning and literacy, and child development and behavior; and,
Whereas, Research indicates that a comprehensive statewide system of In-Home Family Education in West Virginia could save $250 million per year by reducing the number of low birth weight babies, increasing immunizations rates, and reductions in child maltreatment; and,
Whereas, The Centers for Disease Control & Prevention has stated that "up to 40% of all child maltreatment could be prevented if home visiting was widely available" and the National Conference of State Legislatures has concluded that nationally "the predominant and most thoroughly researched child abuse prevention strategy is early childhood home visitation"; and,
Whereas, On June 18, 2008 the Education and Labor Committee of the U.S. House of Representatives recommended passage of the bi-partisan Education Begins at Home Act that would authorize $400 million over three years in grants from the U.S. Department of Health and Human Services to states for voluntary early childhood home visiting programs; and,
Whereas, The Education Begins at Home Act has bi-partisan support being sponsored by Senator Kit Bond (R-MO), Senator Jay Rockefeller (D-WV) and 32 members of the U.S. Senate, as well as 67 members of the U.S. House of Representatives; and,
Whereas, President Barack Obama and Vice President Joe Biden also co-sponsored the Education Begins at Home Act as U.S. Senators and have pledged to expand home visiting services to assist approximately 570,000 first-time mothers each year; and,
Whereas, In-Home Family Education programs are currently serving families in only 22 West Virginia counties and many more families could benefit greatly from these services; and,
Whereas, Statewide expansion of these effective programs will be enhanced and expedited with the support of federal funding through passage of the Education Begins at Home Act; and,
Whereas, Expansion of these programs has been endorsed by leading state and national organizations including, but not limited to, the American Academy of Pediatrics, Imagine West Virginia, Prevent Child Abuse America, TEAM for West Virginia Children, Voices for America's Children, and the West Virginia Center on Budget & Policy; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby urges the U.S. Congress to enact the Education Begins at Home Act, and provide funding to states for voluntary In-Home Family Education programs; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to members of the West Virginia congressional delegation, the Speaker of the U.S. House of Representatives, the Majority Leader and Minority Leader of the U.S. House of Representatives, the Majority Leader and Minority Leader of the U.S. Senate, and the President of the United States.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 36) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Armstead, Lane and Walters offered the following resolution, which was read by the Clerk as follows:
H. R. 37 - "Recognizing and honoring Command Sergeant Major Stephen D. Blake, the top soldier of the United States Army Sustainment Command."
Whereas, Like thousands of young West Virginians, Command Sergeant Major Stephen D. Blake, enlisted in the United States Army following his graduation from high school; and
Whereas, During his twenty-seven years of distinguished service in the United States Army, Command Sergeant Major Blake has served in a number of key enlisted leadership positions; and
Whereas, Command Sergeant Major Blake is a soldier's soldier who has risen through the ranks and currently serves as Command Sergeant Major of the United States Army Sustainment Command at Rock Island, Illinois, a position he has held since June 2008; and
Whereas, Command Sergeant Major Blake has completed overseas tours of duty in Germany and Korea as well as combat tours in Southwest Asia during both Operations Desert Shield/Desert Storm and Operation Iraqi Freedom, and a tour in Afghanistan in support of Operation Enduring Freedom; and
Whereas, Command Sergeant Major Blake graduated from Class 53 of the United States Army Sergeants Major Academy at Fort Bliss, Texas, in 2003, and his military training has also included the Air Assault School, Primary Leadership Development Course, and First Sergeants Course. Command Sergeant Major Blake was named the distinguished graduate from his class in both the Basic and Advanced Non-Commissioned Officers Courses and he also holds an Associates Degree in Business Management from Excelsior College; and
Whereas, As the Battalion Command Sergeant Major of the 101st Sustainment Brigade at Fort Campbell, Kentucky, Command Sergeant Major Blake developed a new convoy standing operating procedure (SOP), using the Center for Army Lessons Learned Web site to gather the most recent tactics, techniques, and procedures used by units operating in Iraq. The SOP difficulty and intensity of the training were confidence builders for Operation Iraqi Freedom veterans and new soldiers alike; and
Whereas, Command Sergeant Major Blake's awards and decorations include the Bronze Star (three awards); the Legion of Merit; the Defense Meritorious Service Medal; the Meritorious Service Medal (five awards); the Army Commendation Medal (nine awards); the Army Achievement Medal (nine awards); the Good Conduct Medal (eight awards); the National Defense Service Medal with Star; the Southwest Asia Service Medal with three stars; the Iraq, Afghanistan, Global War on Terrorism and Korean Defense service Medals; the NCO Professional Development Ribbon with Numeral Four; the Army Service Ribbon; the Overseas Service Ribbon with Numeral Three; the NATO Medal; Kuwait Liberation Medals from the governments of Saudi Arabia and Kuwait; the Air Assault Badge; and three Meritorious Unit Commendations. He is also a recipient of the Ordnance Order of Samuel Sharpe, an award which recognizes those individuals who have served the United States Army Ordnance Corps with demonstrated integrity, moral character and professional competence over a sustained period of time and whose selfless contributions to the Corps stand out in the eyes of their seniors, peers and subordinates alike; and
Whereas, Command Sergeant Major Stephen D. Blake is a native of Tyler Mountain, Kanawha County, and the son of Mrs. Adelia L. Blake and the late Mr. Charles K. Blake; and
Whereas, Command Sergeant Major Blake is married to the former Karen Marie Riley, and they are the parents of two children, Amber and Joshua; and
Whereas, As evidenced by our state motto, "Montani Semper Liberi", West Virginians value freedom and Command Sergeant Major Blake has dedicated his life to preserving and protecting our freedom; and
Whereas, It is because of Command Sergeant Major Stephen D. Blake and the many dedicated men and women of our Armed Forces that our great nation is protected; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes and honors Command Sergeant Major Stephen D. Blake for his service to our country; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the family of Command Sergeant Major Stephen D. Blake.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 37) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
S. B. 346, Correcting code reference related to bear tagging,
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 (S. B. 346) was referred to the Committee on the Judiciary.
Chairman Argento, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 2358, Including a tax checkoff option for Jackson's Mill 4-H Camp,
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. 2358) was referred to the Committee on Finance.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 3063, Relating to hunting, tagging and reporting bear,
And reports the same back, with a title 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. 3063) was referred to the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2781, Providing a tax credit to sawmills that become certified in the Leadership in Energy and Environmental Design Green Building Rating System,
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. 2781) was referred to the Committee on Finance.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2686, Requiring twenty consecutive minutes for meal breaks and fifteen minute rest periods for employees during each four hours of work,
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. 2686) was referred to the Committee on the Judiciary.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business, has had under consideration:
S. B. 306, Increasing pipeline companies' special license fees to Public Service Commission, 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 (S. B. 306) was referred to the Committee on Finance.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit Program,
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. 3155) 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. 2858, Requiring insurance coverage for autism spectrum disorder,
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. 2858) was 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. 2457, Requiring group insurance companies and third party administrators to furnish claims experience to policyholders,
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. 2457) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3074, Allowing the Secretary of State to notify people with delinquent taxes by certified mail,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3074 - "A Bill to amend and reenact §11-6-23 of the Code of West Virginia, 1931, as amended, relating to notice of delinquent taxes by certified mail,"
With the recommendation that the committee substitute do pass, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3074) to the Committee on the Judiciary was abrogated.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers,
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. 2964) was referred to the Committee on the Judiciary.
Chairman Argento, from the Committee on Agriculture, submitted the following report, which was received:
H. B. 2843, Relating to commercial dog breeding operations,
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. 2843) was referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2820, Highways, use of state road rights of way,
And,
H. B. 3132, Relating to pedestrians' right-of-way in crosswalks, certificate may not be required to appear before any assessor for renewal,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2820 and H. B. 3132) were each 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. 2863, Relating to construction of state utility projects,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2863) was referred to the Committee on Government Organization.
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. 3079, Changing the definition of "health care provider " and "drug" for the purpose of consumers sales tax, and exempting from the consumers sales tax drugs purchased by veterinarians to be dispensed by prescription for the treatment of animals,
And,
H. B. 3172, Increasing the compensation for employees of the Mildred Mitchell-Bateman Hospital and the William R. Sharpe, Jr. Hospital,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 3079 and H. B. 3172) were each 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. 3082, Relating to the gathering and reporting of foreclosure data and statistics,
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. 3082) 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. 2986, Imposing a tax of up to $100 per $100,000 on the transfer of real estate within the incorporated limits of any municipality,
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. 2986) 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. 3039, Providing reduced rates for low-income residential customers of privately owned water utilities,
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. 3039) 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. 2464, Authorizing county commissions to designate locations for early voting other than the county courthouse or annex,
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. 2464) 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. 3034, Giving county litter control officers the authority to issue citations for not having proof of proper disposal of garbage,
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. 3034) was referred to the Committee on the Judiciary.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2924, Relating to qualified military service for public employees retirement benefits,
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. 2924) was referred to the Committee on Finance.
On motion for leave, a resolution was introduced (Originating in the Committee on Senior Citizen Issues and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Williams, Ennis, Argento, Butcher, Hatfield, Manchin, Manypenny, Marshall, Moore, Moye, Perdue, Pethtel, D. Poling, Ross, Stephens, Susman, Rowan, Evans, Azinger, Duke, Hamilton, Shott and Sumner:

H. R. 38 - "Urging the Bureau for Medical Services to consider increasing reimbursement rates for the Medicaid Personal Care program and Waiver Homemaker services."
Whereas, West Virginia has the highest per capita percentage of person sixty years of age and older; and
Whereas, The aging population will continue to increase annually until the year 2020; and
Whereas, The aging population lives longer and is more active as a generation; and
Whereas, The cost of nursing home care and other long term care is prohibitive; and
Whereas, When these individuals do need certain levels of care, it is most desirable to maintain these individuals in their homes and provide necessary in-home services to maintain their health, safety and well-being; and
Whereas, The county aging programs administered by the Bureau of Senior Services administer Medicaid Personal Care services and Waiver Homemaker services to thousands of elderly West Virginians; and
Whereas, This service is essential to the health, safety and well-being of West Virginia senior citizens; and
Whereas, Medicaid Personal Care costs these programs $16.50 - $17.00 per hour; and
Whereas, The Waiver Homemaker program currently costs $18.00 per hour; and
Whereas, Because the goal of maintaining our seniors in their own homes is greatly served by these programs, a rate increase to $20.00 per hour for Medicaid Personal Care and Waiver Homemaker is necessary and desirable; and
Whereas, The Committee on Senior Citizen Issues hereby does endorse, encourage and recommend an increase in the reimbursement rates for Medicaid Personal Care and Waiver Homemaker programs; and therefore be it
Resolved by the Legislature of West Virginia:
That the 79th Legislature of the State of West Virginia hereby respectfully urges the Bureau for Medical Services to consider increasing reimbursement rates for the Medicaid Personal Care program and Waiver Homemaker services; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Chair of the House Committee on Finance, the Chair of the Senate Committee on Finance, the Governor of the State of West Virginia, and the Secretary of the Department of Health and Human Services.
The Speaker then referred the resolution to the Committee on Rules.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 3190, Allowing the purchase of service credit for those emergency services officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS),
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. 3190) 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, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 280 - "A Bill to repeal §28-5B-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §25-7-1, §25-7-2, §25- 7-3, §25-7-4, §25-7-5, §25-7-6, §25-7-7, §25-7-8, §25-7-9, §25-7-10, §25-7-11, §25-7-12, §25-7-13, §25-7-14, §25-7-15, §25-7-16, §25-7-17, §25-7-18 and §25-7-19, all relating to enacting the Correctional Industries Act of 2009; modernizing the provisions of the Prison-Made Goods Act of 1939; authorizing the creation of prison industries enhancement programs provided by Title 18 U. S. C. 1761(c); and updating certain terms"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 302 - "A Bill to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for all parking violations"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 321
- "A Bill to amend and reenact §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the Code of West Virginia, 1931, as amended, all relating generally to the certificate of need process; eliminating certain services of certificate of need review; defining terms; raising the expenditure minimum amount for a capital expenditure and major medical equipment threshold; eliminating archaic language; providing for legislative rule-making authority; setting forth standards for when certain ambulatory health care facilities are not subject to certificate of review; providing that electronic health records are not subject to certificate of review; providing that nonhealth-related projects are subject to certificate of review; and modifying the fee structure for certificate of review by setting forth a capitated amount for certificate of need fees"; which was referred to the Committee on Health and Human Resources then Government Organization.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Overington, Blair, Sobonya, Duke, Lane and J. Miller:

H. B. 3230 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2a, relating to requiring that the redistricting office of the Joint Committee on Government and Finance plan and propose congressional and legislative districts; providing specific criteria that the redistricting office must observe in proposing district mappings; requiring the redistricting office to advertise a proposed draft map of districts to the public; requiring the redistricting office to recommend redistricting plan to the Legislature; requiring the full Legislature to vote on plan ratification; providing for subsequent submissions of plans and vote by Legislature; requiring that commission certify to the Secretary of State that its final proposal for district boundaries is in accordance with Constitutional and legal requirements; and prohibiting certain persons from influencing or attempting to influence district mapping proposals of the redistricting office"; to the Committee on the Judiciary then Finance.
By Delegates Perdue, Boggs, Hatfield, Staggers, Moore, Moye and Rodighiero:

H. B. 3231 - "A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year"; to the Committee on Government Organization then Finance.
By Delegates Lawrence, Cowles, Tabb, Doyle, Duke, Blair and Overington:

H. B. 3232 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2 and §29-18A-3, all relating to creating the 'Commuter Rail Access Act'; allowing railroads in West Virginia which charge track access fees for any daily railroad commuter service in West Virginia a tax credit to the railroad against the corporate net income tax equal to access fees lost in lieu of other payment"; to the Committee on Finance.
By Delegates Miley, Campbell, Shook, Wooton, Hamilton and Ellem:

H. B. 3233 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5, §1-7-6 and §1-7-7, all relating to the freedom of religion of West Virginia"; to the Committee on the Judiciary.
By Delegates Hall, Eldridge, Walker, Skaff and Stowers:

H. B. 3234 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to requiring that fetal models be displayed in public schools"; to the Committee on Education then the Judiciary.
By Delegates Canterbury, Azinger and Evans:

H. B. 3235 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2A-10, relating to prohibiting the use of calculators for teaching purposes in grades K through eight"; to the Committee on Education.
By Delegates Canterbury and Campbell:

H. B. 3236 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-15, relating to authorizing counties to create urban growth boundaries; definition; and providing for implementation of zoning within these boundaries"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Canterbury:

H. B. 3237 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-11A-12b, relating to making it an unfair trade practice to refuse to refill a propane gas tank; and providing that the penalties of the Unfair Trade Practices article apply"; to the Committee on the Judiciary.
By Delegate Canterbury:

H. B. 3238 - "A Bill to amend and reenact §5A-3C-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-5-14 of said code, all relating to requiring brand pharmaceuticals manufacturers and pharmacies to allow patients to return unused prescriptions and over-the-counter medicines for safe disposal"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Canterbury:

H. B. 3239 - "A Bill to amend and reenact §17C-1-2, §17C-1-3, and §17C-1-65 of the Code of West Virginia, 1931, as amended, to include medical scooters within the definition of'motor vehicle' for purposes of driving under the influence"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates White and Kominar:

H. B. 3240 - "A Bill to amend and reenact §17F-1-2 of the Code of West Virginia, 1931, as amended, relating to the authority of the Commissioner of Motor Vehicles to approve all-terrain vehicle rider safety awareness courses; authorizing the commissioner to issue certificates of completion; limiting the liability of the commissioner and state institutions of higher education which operate, own, train or promote all-terrain vehicle rider safety awareness courses approved by the commissioner"; to the Committee on the Judiciary.
By Delegate Lane:

H. B. 3241 - "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to requiring municipalities that impose user fees to impose that fee on all persons residing within the municipality; allowing exemptions; providing a notification requirement; and prohibiting municipalities from imposing user fees on certain persons who reside outside the municipality"; to the Committee on Political Subdivisions then Finance.
By Delegates Walker and D. Poling:

H. B. 3242 - "A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to changing the buyback calculation in the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System voluntary transfer"; to the Committee on Pensions and Retirement then Finance.
By Delegate Duke:

H. B. 3243 - "A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to the consumer sales and service tax on motor vehicles"; to the Committee on Finance.
By Delegates Boggs, Caputo, Williams, Manypenny and Azinger:
H. B. 3244
- "A Bill to amend and reenact §17C-19-3 of the Code of West Virginia, 1931, as amended, relating to when a person arrested for a suspended or revoked driver's license must be taken immediately before a magistrate or court"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 3245
- "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended, relating to providing that any service in the United States Armed Forces up to two years is credited service toward retirement for members of the Public Employees Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Webster, Fleischauer, Frazier, Miley, Perry, Staggers and Susman:
H. B. 3246 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §41-3-6a, relating to the nonexoneration of the secured debt of a decedent unless the will specifically provides for its exoneration"; to the Committee on the Judiciary.
Special Calendar

Unfinished Business

H. C. R. 24, Declaring the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2009; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

Com. Sub. for H. B. 2401, Providing for the expiration of the alternative minimum tax; 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. 70), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Mahan, Walters and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2401) 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. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit larceny; 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. 71), and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Eldridge, Sobonya, Stowers and Wooton.
Absent And Not Voting: Ashley, Mahan, Walters and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2920) 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. 2920 - "A Bill to repeal §61-11-20 of the Code of West Virginia, 1931, as amended, relating to crimes and their punishment; and eliminating the felony conviction for a second or subsequent conviction of petit larceny."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2952, Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 72), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Mahan, Walters and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2952) 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. 2965, Requiring candidates for the House of Delegates and the Senate to file their announcement of candidacies with the Secretary of State; 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. 73), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Mahan, Walters and Webster.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2965) 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. 2027, Creating an excise tax on methadone,
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,
Com. Sub. for H. B. 2742, Repealing outdated provisions from the WV Code relating to vinegars.
Com. Sub. for H. B. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Miley, the bill was amended on page two, section five-c, line seven, following the words "as established by", by striking out the remainder of line seven and all of lines eight through eleven and inserting in lieu thereof the following:
"the National Fire Protection Association Standard 58; and
(2) Training standards and qualifications for persons who install or maintain liquefied petroleum gas systems as established by the National Propane Gas Association's Certified Employee Training Program."
There being no further amendments, the bill was then ordered to engrossment and third reading.
H. B. 3083, Permitting blood donations by persons age sixteen with parental consent; 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:
S. B. 329, Updating terms in Personal Income Tax Act,
S. B. 410, Updating terms in Corporation Net Income Tax Act,
Com. Sub. for H. B. 2566, Expanding applicability of increased penalties for crimes against certain protected persons,
Com. Sub. for H. B. 2690, Updating language pertaining to indemnity for the death of diseased or infected animals,
Com. Sub. for H. B. 2836, School Innovation Zones Act,
H. B. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety,
Com. Sub. for H. B. 3158, Providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments,
And,
H. B. 3229, Relating to creation of the Science and Research Council.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Ashley, Mahan, Walters and Webster.
Remarks of Members

Delegate Eldridge addressed the House regarding H. B. 2918, Banning the sale of "Barbie " dolls and other dolls that influence girls to be beautiful, and at the conclusion of his remarks, Delegate Stowers asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Delegate Hunt addressed the House regarding marketing and production of "Barbie" dolls , particularly by slave child labor in foreign countries, and at the conclusion of his remarks, Delegate Argento asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 12:46 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 20, 2009.

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