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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)
hdj2009-03-25-43




__________*__________



Wednesday, March 25, 2009

FORTY-THIRD DAY

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

                              
     The House of Delegates met at 1:30 p.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Tuesday, March 24, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 32, Recognizing and honoring Mose A. Napier for his service and dedication as Mayor for the City of Ceredo for the last forty years,
     H. R. 38, Urging the Bureau for Medical Services to consider increasing reimbursement rates for the Medicaid Personal Care program,
     H. C. R. 30, The "Marine Pvt. Robert Clayton Stephenson Memorial Bridge",
     H. C. R. 31, The "Airman First Class Christopher Burns Lester Memorial Bridge",
     H. C. R. 38, The "Bob W. Bellomy Memorial Bridge",
     And,
     H. C. R. 39, The "Clair Bee: Basketball Coach and Author Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     At the respective requests of Delegate Boggs, and by unanimous consent, H. R. 38, The "Bob W. Bellomy Memorial Bridge", was taken up for immediate consideration and adopted.
     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. C. R. 15, Requesting that the West Virginia State Veterans Cemetery be named "The Donel Kinnard Veterans Cemetery",
     And,
     S. C. R. 8, Requesting Division of Highways name bridge in Mullens "Charles V. Stewart Memorial Bridge",
     And reports the same back, with amendment, with the recommendation that they each be adopted, as amended.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 3290, Reducing the federal adjusted gross income, for West Virginia personal income tax purposes, of poll workers that donate their earnings to qualified charities,
     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. 3290) was referred to the Committee on Finance.
     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. 3038, Relating to the enforcement powers of the Ethics Commission,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3038 - "A Bill to amend and reenact §6-6-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §6B-2-4 of said code; and to amend said code by adding thereto a new section, designated §6B-2-12, all relating generally to the enforcement powers of the Ethics Commission; authorizing the Ethics Commission to initiate removal proceedings in circuit court against a county, school district or municipal officer, who has been found to have violated the West Virginia Governmental Ethics Act; authorizing the commission to seek preliminary injunctive relief upon the filing of a verified complaint against a county, school district or municipal officer, if it has reason to believe that the public official is unlawfully expending public funds, that the local governmental body has not acted to stop the expenditure and that irreparable harm may occur if the public official is not enjoined,"
     And,
     H. B. 3076, Relating to the regulation and operation of cranes,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3076 - "A Bill to amend and reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4, and §21-3D-7 of the Code of West Virginia, 1931, as amended all relating to the regulation and operation of cranes; establishing certification renewal requirements; and adding tower cranes to the penalty section,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2957, Requiring the county extension service to collect applicable data regarding the locations of all cemeteries within West Virginia,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2957 - "A Bill to amend and reenact §19-8-1, §19-8-2 and §19-8-3 of the Code of West Virginia, 1931, as amended, relating to county extension services; requiring the collection of data regarding the locations of all cemeteries within West Virginia; requiring the information to be kept by the Historic Preservation Section of the Division of Culture and History acting as the repository for said data,"
     With the recommendation that the committee substitute do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates,
     And reports the same back with the recommendation that it do pass.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 2687, Relating to infrastructure projects funded by the West Virginia Infrastructure Fund,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2687 - "A Bill amend and reenact §31-15A-2 and §31-15A-7 of the Code of West Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia Infrastructure Fund; providing definitions; specifying that infrastructure projects providing broadband services facilities be included in infrastructure projects eligible for funding; including the feasibility of inclusion of broadband transmission lines concomitant with the construction of new roads; providing that construction of broadband transmission lines may be funded from the infrastructure road improvement reserve account within the infrastructure fund; increasing the limitation of the amount of funds which may be annually transferred to the account,"
     H. B. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2737 - "A Bill to amend and reenact §62-12-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the Administrative Director of the Supreme Court of Appeals to hire multi-judicial-circuit probation officers,"
     H. B. 2753, Relating to the continuation of the Design-Build Program,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2753 - "A Bill to amend and reenact §17-2D-2, §17-2D-3 and §17-2D-5 of the Code of West Virginia, 1931, as amended, all relating to the continuation of the Design-Build Program,"
     And,
     H. B. 2916, Relating to the Emergency Medical Services Act,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2916 - "A Bill to amend and reenact §16-4C-6, §16-4C-6b and §16-4C- 8 of the Code of West Virginia, 1931 as amended, all relating to the Emergency Medical Services Act; providing rule-making authority for fees for certification and recertification of emergency services personnel; providing for fees for certification and recertification of emergency services personnel to be deposited in the Emergency Medical Services Agency Licensure Fund; requiring applicants for certification to submit to a criminal history background check; prohibiting the release of results of criminal history background check to or by private entities; and establishing fees for certification and recertification of emergency services personnel,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Argento, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     S. B. 445, Removing conservation supervisors' election certification requirements,
     And reports the same back, with amendment, but that it first be 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. 2911, Establishing a state law-enforcement association members annual leave program,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
     At the request of Delegate Boggs, and by unanimous consent, second reference of the bill (H. B. 2911) to the Committee on Finance was dispensed with.
     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. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2747 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-3-14e, all relating to creating a temporary health information technology reinvestment fee for health insurers; providing definitions; establishing penalties for noncompliance; providing rule-making authority; providing for reduction or elimination of fees if available funds exceed necessary amounts; and establishing an effective date,"
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2767, Changing the membership of the PEIA Financial Board,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2767 - "A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the membership of the Public Employees Insurance Agency Finance Board,"
     With the recommendation that the committee substitute do pass.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 3275, Changing the date through which governmental entities are required to purchase workers' compensation,
     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. 3275) was referred to the Committee on Finance.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 2882, Transferring authority over racing, boxing, charitable bingo, raffle, games and charitable lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control Commission,
     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. 2882) was referred to the Committee on Finance.
     Chairman Moore, 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. 476, Relating to "financial institution" definition,
     And,
     S. B. 503, Defining "sound financial condition",
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (S. B. 476 and S. B. 503) were each 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. 3046, Clarifying provisions relating to the appointment, qualifications, powers and duties of the Director of the General Services Division,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference to the Committee on the Judiciary be dispensed with, and that the bill be referred to the Committee on Finance.
     In the absence of objection, reference of the bill (H. B. 3046) to the Committee on the Judiciary was abrogated, and the bill was then referred to the Committee on Finance.
Resolutions Introduced

     Delegates Hamilton, M. Poling and Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 47 - "Requesting the U.S. Route 33 overpass of West Virginia Route 20 at the North Locust Street Exit at Buckhannon, otherwise known specifically as bridge number 49-33-5.05, be named the 'PFC Ronald "Ronnie" Dean, USMC, Memorial Bridge'."
     Whereas, Ronnie was born May 31, 1946, in Buckhannon, the third child of Winston and Margaret Dean; and
     Whereas, Ronnie graduated from Buckhannon Upshur High School in 1967, was a member of the Buckhannon Upshur Buccaneer Band for four years, as its bass drummer; and
     Whereas, After graduation, Ronnie married Linda Cornell on July 21, 1967, and also drove a truck for Martin Oil Company in Buckhannon before reporting for basic training at Parris Island, South Carolina in September, 1967; and
     Whereas, Ronnie was transferred to Camp Lejune, North Carolina on October 1, 1967, for advanced combat training and later was transferred to Camp Pendleton, California on January, 1968; and
     Whereas, Ronnie was then transferred to serve within the Republic of South Vietnam starting February 12, 1968; and
     Whereas, Upon arrival in South Vietnam, Ronnie served with Company C, First Engineering Battalion, First Marine Division; and
     Whereas, Ronnie made the ultimate sacrifice for the ideals and freedoms of his community, state and nation when he was killed in action by a mine explosion on April 21, 1968; and
     Whereas, Ronnie's service to this nation not only involved the ultimate sacrifice, but also being the recipient of many awards, including the National Defense Medal, Marksman Badge, Vietnam Service Award, a posthumous Purple Heart and two ribbons awarded by the Republic of South Vietnam; and
     Whereas, The service of PFC Ronald "Ronnie" Dean during the Vietnam War, and his death on the battle field exemplifies the courage and bravery of West Virginians in time of war and his service and sacrifice should not go unnoticed; it should serve as an example to each of us that "freedom is not free" and, that even when contrary to one's religious beliefs, duty to country and defense of country and freedom is sometimes necessary and required; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name the U.S. Route 33 overpass of West Virginia Route 20 at the North Locust Street Exit at Buckhannon, otherwise known specifically as bridge number 49-33-5.05, the "PFC Ronald 'Ronnie' Dean, USMC, Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be the "PFC Ronald 'Ronnie' Dean, USMC, Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the family of Ronald "Ronnie" Dean.
     Delegates Brown, Argento, Blair, Boggs, Canterbury, Caputo, Duke, Ellem, Ennis, Fragale, Givens, Hall, Hamilton, Hartman, Iaquinta, Ireland, Klempa, Kominar, Lawrence, Longstreth, Mahan, Manchin, Martin, McGeehan, C. Miller, J. Miller, Moore, Phillips, D. Poling, Porter, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Sobonya, Sumner, Talbott, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 41 - "Recognizing the work of The West Virginia Behavioral Healthcare Providers Association and the West Virginia Association of Alcoholism and Drug Abuse Counselors in providing for a safe, productive and healthy workforce for the State of West Virginia."
     Whereas, One in five families in the State of West Virginia is directly affected by addiction and some one hundred sixty thousand West Virginia citizens are dependent on alcohol or another drug; and
     Whereas, Direct and indirect costs attributable to alcohol and other drug use in West Virginia are $1.86 billion or $1,033 per resident; and
     Whereas, The Journal of American Medicine reported in January 2009 that the rate of fatal overdose from opiate drugs in West Virginia is more than twice that of the national average; and
     Whereas, More than half of all of West Virginia's prison inmates were under the influence of drugs or alcohol when they were arrested; therefore, be it    
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes The West Virginia Behavioral Healthcare Providers Association and the West Virginia Association of Alcoholism and Drug Abuse Counselors and seeks to aid these organizations in obtaining funding through the American Recovery and Reinvestment Act of 2009 passed by the United States Congress in February of this year; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor, the Secretary of the Department of Health and Human Resources, the Commissioner of the Division of Corrections, the Chairperson of the West Virginia Behavioral Healthcare Providers Association's Substance Abuse Committee and the President of the West Virginia Association of Alcoholism and Drug Abuse Counselors.
Special Calendar

Third Reading

     Com. Sub. for H. B. 2411, Requiring that workplace fatalities be reported to the Division of Labor; 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. 94), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: McGeehan.
     Absent And Not Voting: Hartman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2411) 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. 2413, Changing the upper age restriction for new police hires in municipalities; 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. 95), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent And Not Voting: Hartman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2413) 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. 2547, Relating to pawnbrokers obtaining a signed statement affirming ownership from a seller or pledgor on all sale or pawn transactions; 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. 96), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent And Not Voting: Hartman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2547) 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. 2557, Relating to the enforcement of new motor vehicle warranties; on third reading, coming up in regular order, was read a third time.
     Delegates Ellem and C. Miller requested to be excused from voting on the passage of Com. Sub. for H. B. 2557 under the provisions of House Rule 49.
     The Speaker refused to excuse the members from voting, stating that they were a member of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 97), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
     Absent And Not Voting: Hartman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2557) 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. 2739, Enhancing the service and enforcement of domestic violence protective orders issued by state courts; 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. 98), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
     Nays: Ireland.
     Absent And Not Voting: Hartman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2739) 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. 2757, Relating to financial audits of insurers; 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. 99), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent And Not Voting: Fleischauer, Hartman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2757) 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. 2771, Relating to the West Virginia Alcohol and Drug-Free Workplace 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. 100), and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Azinger, Cowles, Evans, Michael, J. Miller, Overington and Schadler.
     Absent And Not Voting: Hall, Hartman, Susman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2771) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegate Susman announced that she was absent on today when the vote was taken on Roll Nos. 100, and that had she been present, she would have voted "Yea" thereon.
     Delegate Blair asked and obtained unanimous consent that the remarks of Delegate Klempa regarding Com. Sub. for H. B. 2771, Relating to the West Virginia Alcohol and Drug-Free Workplace Act, be printed in the Appendix to the Journal.
     At 3:18 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * *

Evening Session

* * * * * * *

Special Calendar

-Continued-

Third Reading

     H. B. 2884, Long-Term Care Partnership 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. 101), and there were--yeas 90, nays 1, absent and not voting 9, with the nays and absent and not voting being as follows:
     Nays: McGeehan.
     Absent And Not Voting: Doyle, Fragale, Hutchins, Marshall, Romine, Skaff, Stephens, Susman and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2884) 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. 2958, Increasing the fines for a trespassing conviction pursuant to certain circumstances; 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. 102), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:
     Absent And Not Voting: Hutchins, Marshall, Romine, Skaff, Stephens and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2958) 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. 3011, Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program; on third reading, coming up in regular order, was read a third time.
     Delegate Armstead requested to be excused from voting on the passage of H. B. 3011 under the provisions of House Rule 49 stating that a family member is involved in rehabilitation services.
     The Speaker refused to excuse the Gentleman from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 103), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Anderson and Schoen.
     Absent And Not Voting: Hutchins, Marshall, Romine, Skaff, Stephens and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 3011) 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. 3086, Permitting home incarceration supervisors to carry handguns in the course of their official duties; 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. 104), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows:
     Nays: Doyle and Wells.
     Absent And Not Voting: Hutchins, Marshall, Romine, Skaff, Stephens and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3086) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Reordering of the Calendar

     Delegate
Boggs announced that the Committee on Rules had transferred Com. Sub. for H. B. 3158, on third reading, House Calendar, to the Special Calendar.
Special Calendar

-Continued-

Third Reading

     
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; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.
     The Clerk then reported an amendment by Delegates White, Boggs, Caputo and Campbell which sought to amendment the bill on page thirty, section fourteen, line eight, etc.
     Unanimous consent having been obtained, the foregoing amendment was withdrawn.
     The Clerk then reported a substitute amendment by Delegates White, Boggs, Caputo, Campbell, Kominar, Varner, Anderson, Ashley, Border, Evans and Shott as follows:
     On page fourteen, section two, line sixteen, following the words "fully funded is three", by striking out the words "fifty percent or less" and inserting in lieu thereof the words "less than one hundred percent".
     On page thirty, section fourteen, line eight, following the word "municipality" and the semicolon, by inserting the word "and".
     On page thirty, section fourteen, beginning on line nine, by striking out subdivision (2) in its entirety and renumbering the remaining subdivision accordingly.
     On page thirty-one, section fourteen, beginning on line thirty-two, by striking out subdivision (2) in its entirety and renumbering the remaining subdivisions accordingly.
     On page thirty-two, section fourteen, line fifty-four, following the words "State Treasurer", by striking out the period and inserting the words "or the Municipal Pensions Oversight Board" followed by a period.
     On page thirty-three, section fourteen, line sixty, following the words "determined by the", by inserting the words "State Treasurer or the".
     On page thirty-seven, section fourteen, line one hundred thirty-five, following the word "chapter" and the semicolon, by inserting the word "and".
     On page thirty-nine, section fourteen, line one hundred seventy-five, following the word "bonds" and the semicolon, by striking out the word "and".
     On page thirty-nine, section fourteen, beginning on line one hundred seventy-six, by striking out subdivision (9) in its entirety.
     On page forty-two, section fourteen, beginning on line two hundred twenty-six, by striking out subsections (c), (d) and (e) in their entirety, and relettering the remaining subsections accordingly.
     On page forty-four, following line two hundred sixty-seven, by inserting a new section to read as follows:
§8-13C-15. Matching funds to reduce the unfunded actuarial accrued liability of policemen's and firemen's pension and relief funds.

__(a) There is hereby created in the State Treasury a nonexpiring special revenue fund designated the "West Virginia Municipal Pensions Matching Fund" which shall be administered by the West Virginia Municipal Pensions Oversight Board solely for the purposes as provided in this section. The fund shall consist of all moneys deposited pursuant to section seventeen, article three, chapter sixty of this code. All earnings shall accrue to and be retained by the fund.
__(b) Beginning July 1, 2009, the Municipal Pensions Oversight Board shall annually invest the collections of the fund with the West Virginia Investment Management Board or the Board of Treasury Investments.
__(c) No allocations or distributions may be made from the fund before January 1, 2015. After December 31, 2014, the Municipal Pension Oversight Board shall in each calendar year distribute one-fifth of the moneys in the fund, as determined as of January 1 of the calendar year, to eligible municipal policemen's or firemen's pension and relief funds, subject to provisions in section eighteen-b, article twenty-two, chapter eight of this code for the purposes and upon the conditions set forth in this section.
__(d) The annual allocations and distributions of the moneys in the fund shall be made only to qualifying municipalities that, for the calendar year, have dedicated the proceeds of a pension relief municipal occupational tax, a pension relief municipal sales and service tax, a pension relief municipal use tax or any other tax, or any combination of those taxes, or funding from any other source available to the qualifying municipality, solely for the purposes set forth in section nine of this article and expends the same for those purposes. For purposes of this section, "qualifying municipality" means any municipality, as defined in section two, article one of this chapter:
__(A) In which the weighted average of the percentages to which its policemen's and firemen's pension and relief funds are fully funded is less than one hundred percent on the date of the most recent actuarial valuation of the funds made under section twenty, article twenty-two of this chapter, next preceding the municipality's annual application for a distribution of funds under this section; and
__(B) That has satisfied the requirements set forth in section eleven of this article.
__(e) Except as otherwise provided in this paragraph, annual allocations and distributions of moneys in the fund shall be made on a pro rata basis based upon the corresponding municipalities' average number of members who worked at least one hundred hours per month and average monthly number of retired members. An allocation and distribution made under this section shall be used by the municipality solely for the purposes of section nine of this article. The distributions shall be provided on a matching basis so that the amount of an allocation from the fund to a municipality may not exceed the amount of the revenues the municipality applies for those purposes from its funding source or sources as described in subsection (d) of this section.

  On page fifty-eight, section eight-e, beginning on line nine, by striking out subsections (b) and (c) in their entirety and inserting in lieu thereof the following:
  "(b) A length of service awards program is qualified for purposes of this section if approved by the State Insurance Commissioner. The State Insurance Commissioner shall approve a length of service awards program if:
__(1) A volunteer or part volunteer fire company or department submits, or if the program is being provided to a group, the volunteer and part volunteer fire companies and departments participating in the group submit to the State Insurance Commissioner, in the manner and form prescribed by the State Insurance Commissioner, an application for approval of the program, together with such documents and other information relating to the program as the State Insurance Commissioner may determine to be necessary to perform the duties prescribed under this section and section thirty-five, article three, chapter thirty-three of this code;
__(2) In consultation with the State Fire Marshal and such others as the State Insurance Commissioner may deem necessary, the State Insurance Commissioner determines the provider of the program is licensed to provide the program under chapter thirty-three of this code; and
__(3) The State Insurance Commissioner determines the program is in the best interests of the member beneficiaries of the program.
__(c) The State Insurance Commissioner may refuse or revoke approval of a length of service awards program if the program or its provider is not in compliance with any applicable federal or state law.
"
  On page sixty-five, section sixteen, on line ninety-two, following the words "adjusted salary" and the period, by striking out the remainder of the section.
  On page seventy-five, section eighteen-a, on line one hundred thirty-four, following the words "this article", by striking out the period and inserting a colon and the words, "Provided, That no provision of this subsection may be construed to authorize the board to contract with other state boards or state agencies to otherwise perform the duties or exercise the responsibilities imposed upon the board by this code", followed by a period.
  On page one hundred twenty, section twenty-three-a, beginning on line twelve, following the word "physicians", by striking out the comma and the words "one to be chosen by the applying member and paid by the board of trustees and the other".
  On page one hundred thirty-four, section twenty-six-a, beginning on line one hundred forty- seven, following the words "paid to date" and the period, by striking out the remainder of the subsection.
  On page one hundred sixty-one, section fourteen-e, line four, following the words "tax equal to", by striking out the words "one and twenty", and inserting in lieu thereof the words "seventy-five".
  On page one hundred sixty-four, section fourteen-e, beginning on line fifty-five, by striking out subdivision (3) in its entirety and renumbering the remaining subdivision accordingly.
  On page one hundred sixty-six, section fourteen-e, beginning on line one hundred, following the words "Security Fund", by striking out the words "in an amount equal to sixty-two and five tenths of one percent, together with any interest or other earnings thereon, of the amount of the additional premium tax collected during the preceding calendar year", and inserting in lieu thereof the words "in an amount equal to the amount of the additional premium tax collected during the preceding calendar year, together with any interest or other earnings thereon,".
 On page one hundred eighty, section thirty-five, beginning on line one, by striking out section (a), (b) and (c) in their entirety, and relettering the remaining subsections accordingly.
 On page one hundred eighty-two, section thirty-five, beginning on line forty-one, by striking out the words "(d) All money from the policy surcharge shall be collected by the commissioner, transferred into a special revenue fund to be administered by the State Treasurer, designated the "Volunteer Firefighters Length of Service Awards Program Fund," which is hereby created, and expended for the purposes provided in this section in accordance with subsection (e) of this section" and the period, and inserting in lieu thereof the words "(a) There is hereby created in the state treasury a special revenue fund to be administered by the State Treasurer, designated the "Volunteer Firefighters Length of Service Awards Program Fund." The fund shall consist of all moneys deposited pursuant to section seventeen, article three, chapter sixty of this code. The moneys of the fund shall be expended solely for the purposes provided in this section in accordance with subsection (b) of this section", followed by a period.
 On page one hundred eighty-three, section thirty-five, line fifty-three, following the words "in subsection", by striking out the subdivision designation "(e)" and inserting in lieu thereof the subdivision designation "(b)".
 On page one hundred eighty-three, section thirty-five, line sixty-four, by striking out the words "Fire Marshal" and inserting in lieu thereof the words "Insurance Commissioner".
 On page one hundred eighty-three, section thirty-five, line sixty-six, by striking out the words "Fire Marshal" and inserting in lieu thereof the words "Insurance Commissioner".
 On page one hundred eighty-three, section thirty-five, beginning on line sixty-eight, following the words "State Treasurer to", by striking out the remainder of the subdivision and inserting in lieu thereof the words "an account designated by the State Insurance Commissioner."
 On page one hundred eighty-seven, following line one hundred and thirty-one, by inserting a new section to read as follows:
"CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3. SALES BY COMMISSIONER.
"
§60-3-17. Regulations as to handling and depositing of moneys collected; monthly remittances; remittances to the West Virginia Municipal Pensions Matching Fund and the Volunteer Firefighters Length of Service Awards Program Fund beginning July 1, 2009; criminal penalty.

     
(a) The commissioner, with the approval of the state treasurer, shall prescribe regulations for the handling and depositing of all moneys collected by the commissioner. All receipts accruing to and available for the general revenue fund in excess of the requirements of the operating fund, the requirements of subsection (b) of this section, and the license fee and additional sales tax imposed by the provisions of this chapter shall be remitted by the commissioner to the state treasury monthly within fifteen days next after the end of each calendar month.
     (b) Beginning July 1, 2009, from the moneys collected annually by the commissioner in excess of the requirements of the operating fund, $9 million of the excess amount shall be remitted by the commissioner to the state treasury and deposited by the state treasurer into the West Virginia Municipal Pensions Matching Fund established in section fourteen-e, article three, chapter thirty-three of this code, and $6 million of the excess amount shall be remitted by the commissioner to the state treasury and deposited by the state treasurer into the Volunteer Firefighters Length of Service Awards Program Fund established in section thirty-five, article three, chapter thirty-three of this code. After the requirements of the operating fund have been met, the amounts required by this subsection shall be remitted by the commissioner to the state treasury monthly within fifteen days next after the end of each calendar month and deposited in pro rata amounts into those two funds.
_____
(c) If the commissioner fails to remit such moneys to the state treasury within the time specified in accordance with the provisions of this section, he the commissioner shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $1,000."
     And,
     On page seven, amending the enacting section to read as follows:
     "That §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-9, §8-13C-11 and §8-13C-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §8-13C-15; that §8-15-8a and §8-15-8b of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §8-15-8d and §8-15-8e; that §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a, §8-22-26a and §8-22-27 of said code be amended and reenacted; that said code be amended by adding thereto two new sections, designated §8-22-18a and §8-22-18b; that said code be amended by adding thereto a new section, designated §11-21-12i; that §12-4-14 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §33-2-15e; that §33-3-14d and §33-3-33 of said code be amended and reenacted; that said code be amended by adding thereto three new sections, designated §33-3-14e, §33-3-34 and §33-3-35; and that §60-3-17 of said code be amended and reenacted, all to read as follows" followed by a colon.
     On the adoption of the amendment, Delegate Anderson demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 105), 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: Marshall, Romine, Stephens and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.
     The Clerk next reported a prefiled amendment by Delegates Shott and Cowles.
     Unanimous consent having been obtained, the foregoing amendment was withdrawn.
     There being no further amendments, and having been engrossed, the bill was then read a third time.
     Delegate Border requested to be excused from voting on the passage of H. B. 3158 under the provisions of House Rule 49, stating that members of his family were both volunteer and paid firefighters.
     Delegate Tabb also requested to excused from voting stating that he was a volunteer firefighter.
     The Speaker refused to excuse the Gentlemen from voting, stating that they were a member of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no direct personal or pecuniary interest therein.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 106), and
there were--yeas 90, nays 6, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Andes, Armstead, Carmichael, Cowles, Lane and Overington.
     Absent And Not Voting: Marshall, Romine, Stephens and Walters.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3158) passed.
     On motion of Delegate White, the title of the bill was amended to read as follows:
     Com. Sub. for H. B. 3158 - "A Bill to amend and reenact §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-9, §8-13C-11 and §8-13C-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-13C-15; to amend and reenact §8-15-8a and §8-15-8b of said code; to amend said code by adding thereto two new sections, designated §8-15-8d and §8-15-8e; to amend and reenact §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a, §8-22-26a and §8-22-27 of said code; to amend said code by adding thereto two new sections, designated §8-22-18a and §8-22-18b; to amend said code by adding thereto a new section, designated §11-21-12i; to amend and reenact §12-4-14 of said code; to amend said code by adding thereto a new section, designated §33-2-15e; to amend and reenact §33-3-14d and §33-3-33 of said code; to amend said code by adding thereto three new sections, designated §33-3-14e, §33-3-34 and §33-3-35; and to amend and reenact §60-3-17 of said code, all relating to providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments generally; revising the conditions upon which municipalities may impose pension relief occupational taxes, pension relief sales and service and pension relief use taxes, and may issue bonds, dedicated solely to reducing the unfunded actuarial accrued liability of the municipality's policemen's and firemen's pensions and relief funds; modifying requirements for bonds issued by a municipality to eliminate the unfunded actuarial accrued liability; creating new West Virginia Municipal Pensions Matching Fund to which the alcohol beverage control commissioner is directed to transfer funds; providing for the investment, allocation and distribution of state funds on a matching fund basis for the purpose of reducing the unfunded actuarial accrued liability of policemen's and firemen's pension and relief funds; establishing eligibility for allocation and distribution of matching funds; adding requirements for eligibility for allocations to volunteer fire companies and departments from the Fire Protection Fund; providing for the disposition of assets and moneys derived from allocations from the Fire Protection Fund upon the sale of the assets by a volunteer fire company or department or the withdrawal of its certification; requiring sworn statements of expenditures or reports from volunteer fire companies and departments receiving allocations from the Fire Protection Fund to be filed with the Legislative Auditor; providing for disposition of funds withheld from distribution for failure to file the statements or reports; establishing criminal penalties; establishing eligibility criteria for volunteer fire companies and departments to receive funds allocated from the Volunteer Firefighters Length of Service Awards Program Fund; revising calculation of overtime for compensation and average adjusted salary for new employees who are members of municipal policemen's and firemen's pensions and relief systems; requiring additional duties of municipal policemen's and firemen's pensions and relief fund trustees; establishing the West Virginia Municipal Pensions Oversight Board; specifying powers, duties, liabilities and compensation of oversight board members; requiring reporting on local pension funds' investment returns; creating the West Virginia Municipal Pensions Security Fund; transferring certain duties from the State Treasurer to the oversight board and providing for efficient transition; requiring municipal contributions on a monthly basis; requiring deposits of certain revenues within five days of receipt; increasing employee contributions to the pension and relief funds for new employees to nine and one-half percent of salary and for current members to eight and one-half percent of salary; requiring the increased contributions as a condition of eligibility to receive certain insurance premium tax revenues; reducing time to qualify for insurance premium tax revenues allocation; providing for annual actuarial report, for periodic review of the actuarial process and for periodic actuarial audit; setting minimum standards for annual municipality contributions to pension funds; establishing target funding ratios of eighty, ninety and one hundred percent of unfunded liabilities; establishing amortization periods; eliminating alternative funding method; providing for contract actuary; establishing actuarial process; requiring reports; authorizing local pension boards of trustees to investment with the state Investment Management Board and Board of Treasury Investments; requiring compliance with the Uniform Prudent Investor Act; revising restrictions and conditions of authorized investments by municipal trustees; requiring reporting of municipal trustees' investment policy; requiring reporting of fees and transactions costs; providing for disability examinations; requiring completion of investigation of charge and any implementation of disciplinary action by board of trustees prior to consideration of disability retirement; authorizing light-duty work at discretion of the municipality and the employee; revising calculation of and requirements for supplemental benefits; providing for reinstatement to employment and payments of assessments for those returning from military service; establishing deduction of insurance premium surcharges assessed for volunteer fire companies and departments for state personal income tax purposes; requiring study of casualty and surety insurance by insurance commissioner; repeal of current fire and casualty insurance additional premium tax provisions; continuation and increase of fire and casualty insurance additional premium tax solely for municipality's policemen's and firemen's pensions and relief system and reallocation of the tax collections; providing amortization schedule for plans with funding level of at least one hundred ten percent; repeal of current fire and casualty insurance premium surcharge provisions; continuation of fire and casualty insurance premium surcharge solely for volunteer fire companies and departments; civil penalties for failure to collect the premium surcharge; allocating and distributing the surcharge collections; creating new Volunteer Firefighters Length of Service Awards Program Fund to which the alcohol beverage control commissioner is directed to transfer funds; providing for the allocation and distribution of state funds to volunteer fire companies and departments for the purpose of defraying the cost of participation in length of service awards programs; providing duties and expense allowance for State Treasurer and State Insurance Commissioner; imposing requirements for the use of distributed allocations; and providing disposition of undistributed portion of the funds."
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 107), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Carmichael.
     Absent And Not Voting: Marshall, Romine, Stephens and Walters.
     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. 3158) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     Com. Sub. for H. B. 2091, Requiring public notice of state plan amendments prior to submission and increasing the membership of the Medicaid Advisory Board; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Webster, the bill was amended on page seven, section nine, line ninety-one following the words "close of", by striking out the word "the" and inserting in lieu thereof the words "a thirty day".
     The bill was then ordered to engrossment and third reading.
     Com. Sub. for H. B. 2470, Exempting all schools which include grades kindergarten through twelve from paying consumer sales tax on items the school sells; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2530, Relating to further defining professional student support personnel; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2535, Creating a tax credit for certain solar energy systems; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Schoen, the bill was amended on page two, section one, line two, following the word "property", by inserting the words "located in West Virginia and."
     The bill was then ordered to engrossment and third reading.
     Com. Sub. for H. B. 2567, Relating to filing agency rules with the Secretary of State under the Administrative Procedures Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2702, Relating to the Deputy Sheriff Retirement System Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2703, Relating to the State Teachers Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     H. B. 2722, Providing a one hundred dollar tax credit to certain businesses that are required to reprogram its cash registers because of a change in the food tax; on second reading, coming up in regular order, was read a second time.
     Delegate Blair moved to amend the bill on page two, section ten-b, line one, following the figure "2009", by inserting the words "and, retroactive to January 1, 2006" and a comma.
     And,
     On page three, section eleven-c, line one, following the figure "2009", by inserting the words "and, retroactive to January 1, 2006" and a comma.
     The question before the House being the amendment offered by Delegate Blair, the same was put and did not prevail.
     There being no further amendments, the bill was then ordered to engrossment and third reading.
     H. B. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2770, Relating to the Emergency Medical Services Retirement System Act; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2999, Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2072, Relating to variable premium adjustable life insurance policies,
     Com. Sub. for H. B. 2218, Authorizing the Department of Transportation to promulgate legislative rules,
     Com. Sub. for H. B. 2222, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
     Com. Sub. for H. B. 2241, Relating to credit card solicitation on college campuses,
     Com. Sub. for H. B. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates,
     Com. Sub. for H. B. 2464, Authorizing county commissions to designate locations for early voting other than the county courthouse or annex,
     Com. Sub. for H. B. 2569, Creating the Juvenile Services Reimbursement Offender Fund,
     Com. Sub. for H. B. 2621, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency,
     Com. Sub. for H. B. 2660, Expanding the definition of limited health care service,
     Com. Sub. for H. B. 2885, Establishing a uniform credentialing form and creating a single credentialing verification organization,
     Com. Sub. for H. B. 2926, Establishing a procedure for challenging a candidate's qualifications for elected office,
     Com. Sub. for H. B. 3082, Relating to the gathering and reporting of foreclosure data and statistics,
     Com. Sub. for H. B. 3105, Establishing drug free zones at regularly designated school bus stops,
     H. B. 3189, Adding members to the Capitol Building Commission,
     H. B. 3192, Requiring reports to the Governor from state agencies to be made available electronically via the internet,
     Com. Sub. for H. B. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state,
     Com. Sub. for H. B. 3208, Including the hours of training county board members have acquired,
     And,
     H. B. 3340, Relating to entry into a data state compact among the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education.
     Delegates Hutchins and Skaff announced that they were absent on today when the votes were taken on Roll Nos. 101 through 104, and that had they been present, they would have voted "Yea" thereon.
     Delegate Doyle announced that he was absent on today when the vote was taken no Roll No. 101, and that had he been present, he would have voted "Yea" thereon.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     Com. Sub. for S. B. 239, Allowing majority vote for certain metro government approval,
     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 (Com. Sub. for S. B. 239) 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:
     Com. Sub. for S. B. 418, Relating to municipalities' fee requirements,
     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 (Com. Sub. for S. B. 418) 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:
     Com. Sub. for S. B. 339, Exempting certain licensed medical professionals from county hiring prohibition,
     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 (Com. Sub. for S. B. 339) was referred to the Committee on the Judiciary.
     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, Longstreth, Manypenny, Moore, Moye, Pethtel, Ross, Susman, Duke, Evans Hamilton, Rowan, Shott and Sumner:

     H. C. R. 48
- "Requesting that the Joint Committee on Government and Finance authorize the study of changes that can be made to the Underpayment of Estimated Income Tax Penalty to provide financial relief to our senior citizens, as well as possible education techniques and simplified forms that can be administered to make our senior citizens aware of tax benefits that are currently available."
     Whereas, Currently, a taxpayer may be charged the Underpayment of Estimated Income Tax Penalty if he or she did not have enough West Virginia state income tax withheld or pay enough estimated tax by certain due dates; and
     Whereas, If the difference between the total taxes owed to the state and the taxes withheld from income checks is more than $600, then the penalty must be paid; and
     Whereas, Senior citizens most often fall victim to the Underpayment of Estimated Income Tax Penalty because of income tax due as a result of Social Security income; and
     Whereas, According to the West Virginia State Tax Department, even an increase in the penalty threshold from $600 to $800 would alleviate more than 1,000 seniors from this undue burden, while only costing the state $160,000; and
     Whereas, Senior citizens are consistently faced with increasing costs, be it food, gas or healthcare, and never see an increase in benefits; and
     Whereas, Some seniors are unaware of tax relief that they are currently eligible for; and
     Whereas, There may be a means to better educate our seniors on the best way for them to access information that may prove to be financially beneficial when filing and paying taxes; and
     Whereas, The West Virginia State Tax Department has expressed a willingness to work with the Legislature to simplify alternative property tax breaks, including the two new alternatives that will become available in 2009; and
     Whereas, It is in our state's best interest to exhaust all avenues to ensure that our seniors receive all possible financial relief so that they can experience a moral and financial victory and continue to lead a high quality of life; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study changes that can be made to the Underpayment of Estimated Income Tax Penalty to provide financial relief to our senior citizens, as well as possible education techniques and simplified forms that can be administered to make our senior citizens aware of tax benefits that are currently available; 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 Legislative 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.
     The Speaker then referred the resolution to the Committee on Rules.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Walters.
Remarks of Members

     Delegate Williams addressed the House regarding H. R. 38, Urging the Bureau for Medical Services to consider increasing reimbursement rates for the Medicaid Personal Care program, and at the conclusion of such remarks, Delegate Perdue asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
     Delegate Craig addressed the regarding the Federal Clean Water Act and recent occurrences in Washington, D.C., and at the conclusion of such remarks, Delegate Caputo asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
     Delegate Caputo asked and obtained unanimous consent that the question and answer dialog which ensued between Delegate Spencer and Delegate White relative to 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, be printed in the Appendix to the Journal.
     At 5:56 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 26, 2009.

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