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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)
hdj2009-03-26-44


__________*__________




Thursday, March 26, 2009

FORTY-FOURTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Wednesday, March 25, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
     Delegates Guthrie, Anderson, Armstead, Barker, Beach, Brown, Butcher, Canterbury, Craig, Doyle, Eldridge, Ellem, Fleischauer, Frazier, Guthrie, Hamilton, Hartman, Hatfield, Hunt, Iaquinta, Ireland, Kominar, Lane, Longstreth, Louisos, Manchin, Marshall, Martin, Miley, Moore, Morgan, Moye, Perdue, Perry, D. Poling, M. Poling, Reynolds, Rodighiero, Ross, Shook, Skaff, Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Tabb, Talbott, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by the Clerk as follows:
     H. R. 43 - "Memorializing the life of Glenn Thomas 'Tom' Searls, reporter extraordinaire, friend, Marshall University alum, and loyal West Virginian."
     Whereas, Glenn Thomas "Tom" Searls was born in 1954 in Kanawha County, the son of Glenn Cheetwood Searls and the late Carol Canterbury Searls; and
     Whereas, Glenn Thomas "Tom" Searls was raised in Marmet, West Virginia. As a youngster, he sold the WV Hillbilly and The Grit door to door and delivered The Charleston Gazette.
     Whereas, Tom was a 1972 graduate of East Bank High School and editor of the school newspaper, The Pioneer Post. He then went on to attend Marshall University, where he was student body president for two terms; and
     Whereas, Tom was a very proud native of Marmet and often referred to himself as a "Marmetian"; and
     Whereas, A man with strong political beliefs, Tom often pointed out that he was the product of a mixed marriage - his father was a Republican and his mother was a Democrat; and
     Whereas, Tom was a news hound who particularly like crime stories and in 2000 he won the Al Nakkula Award for Police Reporting, and in 2005 he was named Journalist of the Year by the West Virginia Association for Justice; and
     Whereas, Tom never let his personal beliefs get in the way of being a fair reporter; and
     Whereas, He loved history and politics and was an expert in West Virginia State and small- town politics. He was highly respected by his peers. Upon his death, he was called a "reporter's reporter" by Senator Robert C. Byrd. His reputation was of one who was tough, opinionated and passionate but always honest and fair; and
     Whereas, A Red Carpet regular, Tom had a strong taste for alcohol and tobacco. On the exterior, he was a gruff curmudgeon but on the inside he was a very caring person who was always there for his family and friends; and
     Whereas, Sadly, Glenn Thomas "Tom" Searls passed away on August 14, 2008; therefore, be it
     Resolved by the House of Delegates:
     That House of Delegates hereby memorializes the life of Glenn Thomas "Tom" Searls, reporter, friend, Marshall alum, and loyal West Virginian; and, be it
     Further Resolved, That the House of Delegates hereby extends its sincere sympathy at the passing of Glenn Thomas "Tom" Searls; and, be it
     Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the family of Glenn Thomas "Tom" Searls.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 43) to a committee was dispensed with, and it was taken up for immediate consideration.
     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. 108), and there were--yeas 94, nays 0, absent and not voting 6, with the absent and not voting being as follows:
     Absent and Not Voting: Andes, Butcher, Hutchins, Marshall, Stephens and Swartzmiller.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 43) adopted.
     Delegates Moore, Boggs, Ashley, Azinger, Frazier, Hutchins, Iaquinta, Longstreth, Marshall, Morgan, Moye, Porter and Swartzmiller offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 42 - "Recognizing and honoring David L. Lemmon, Sr. for his many years of service and dedication to the West Virginia State Police and the citizens of the State of West Virginia."
     Whereas, David Lemmon is a West Virginia native, born in Morgantown, and graduated from Morgantown High School. After high school he went on to join the Navy and served with distinction for four years in the Pacific; and
     Whereas, After returning from his tour of duty, he entered the State Police Academy and officially joined the department in 1955. Over his more than 30 years with the West Virginia State Police, David Lemmon served as a detachment commander, a sergeant and lieutenant for South Charleston and a major in internal affairs; and
     Whereas, David Lemmon was promoted to Deputy Superintendent and served in that position until his retirement in 1987; and
     Whereas, During his retirement David Lemmon remained an active participant within law enforcement, serving on numerous committees, the most notable of which worked to establish a program for eradicating methamphetamine labs within West Virginia; and
     Whereas, In 2005, Governor Manchin appointed David Lemmon as superintendent of the West Virginia State Police. Under his command, the state police focused more on drug diversion tactics with pharmaceutical crimes, created an insurance commission to deter fraud and started a sex offender registry as well as a Child Protective Unit which launched in 2006; and
     Whereas, At the time of his retirement the Child Protective Unit has interviewed 464 victims of child abuse and had made 1,071 felony arrests involving crimes against children. Also during his tenure as superintendent, felony arrests were up by 7,000 since he took office four years prior; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes and honors David L. Lemmon, Sr. for his many years of service and dedication to the West Virginia State Police and the citizens of the State of West Virginia; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to David L. Lemmon, Sr. and the Superintendent of the West Virginia State Police.
Committee Reports

     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. 3268, Long Term Care Redistribution Act,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bill (H. B. 3268) was referred to the Committee on Finance.
     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. 3336, Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3336 - "A Bill to amend and reenact §16-5K-2 and §16-5K-6, of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau for Public Health to continue providing early intervention services to families with developmentally delayed infants and toddlers but eliminates the cost-free provision; authorizes the ability to charge fees on a sliding scale and to bill third party payers; and establishes that any fees or payments by third party payers will go into the Birth to Three Fund,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 3336) to the Committee on Finance was abrogated.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2133, Increasing the penalties for discarding trash on land and in streams,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2133 - "A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for unlawful disposal of litter; increasing and requiring jail time; increasing fines; and increasing and mandating community service,"
     H. B. 2415, Identifying salvia divinorum as a hallucinogen and adding it to the list of controlled substances,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2415 - "A Bill to amend the code of West Virginia,1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful; and creating criminal penalties,"
     H. B. 2626, Requiring licensure of pharmacy benefit managers,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2626 - "A Bill to amend and reenact §33-46-2 of the Code of West Virginia, 1931, as amended, relating to the licensing and regulation of pharmacy benefit managers; clarifying the definition of third part administrator to specifically include pharmacy benefit manager; and definitions,"
     H. B. 3063, Relating to hunting, tagging and reporting bear,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3063 - "A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to hunting, tagging and reporting bear; changing and clarifying lawful weight limits; clarifying that it is unlawful to shoot at or kill any bear while it is accompanied by a cub; making it unlawful to shoot at or kill a cub regardless of its weight, if it is accompanied by another bear; and penalties,"
     And,
     H. B. 3132, Relating to pedestrians' right-of-way in crosswalks,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3132 - "A Bill to amend and reenact §17C-10-2 of the Code of West Virginia, 1931, as amended, relating to pedestrians' right-of-way in crosswalks,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine,
     H. B. 2536, Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with,
     And,
     H. B. 2561, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
     And reports the same back with the recommendation that they each do pass.
     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:
     Com. Sub. for S. B. 384, Authorizing Department of Transportation take control of certain highway emergencies,
     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 (Com. Sub. for S. B. 384) was referred to the Committee on Government Organization.
     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:
     S. B. 12, Allowing 2-year motorcycle registration period,
     And reports the same back with the recommendation that it do pass, but that it first be 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. 3278, Relating to the life and health insurance guaranty association,
     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. 3278) 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. 3288, Relating to mental health parity,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3288 - "A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance requirements to cover treatment of mental illness; providing that actual increases in costs for certain coverage determine whether cost containment measures may be applied by the insurer of certain groups; and removing certain provisions regarding small groups,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Judiciary be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 3288) to the Committee on the Judiciary was abrogated.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates as follows:
     H. B. 3083, Permitting blood donations by persons age sixteen with parental consent.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate title amendment was reported by the Clerk:
     On page one, by amending the title to read as follows:
     "A Bill to amend and reenact §16-21-1 of the Code of West Virginia, 1931, as amended, relating to donating blood by persons sixteen years of age with parental consent."
     On motion of Delegate Boggs, the House of Delegates concurred in the Senate title amendment.
     The bill, as amended by the Senate, was then put upon its passage.
     On the passage of the bill, the yeas and nays were taken (Roll No. 109), 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: Andes, Blair, Cowles, Hutchins, Marshall and Stephens.
     So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3083) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     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. 57 - "A Bill to amend and reenact §18-7a-38 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-3-1 and §18A-3-2a of said code, all relating to education generally; excluding certain coaching employment from the calculation on the limit on the number of days a Teachers Retirement System retiree may be employed; eliminating United States citizenship as a condition of certification; certificates and permits to coach in public schools; removing certain limitation on such service under certain conditions; making technical corrections; and deleting obsolete language";
which was referred to the Committee on Education.
    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. 249 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5A-5 of said code, all relating to the annual school calendar; eliminating instructional support and enhancement days; replacing the earliest starting date and the latest ending date for the instructional term with the requirement that the instructional term begin so that students receive two full weeks of instruction prior to Labor Day; encouraging the first half of the instructional term to end on or before December 23; requiring at least three of certain noninstructional days be scheduled prior to the beginning of the instructional term; requiring all six out-of-school environment days be scheduled after February 1; changing the earliest dates a county can use noninstructional days and accrued instructional time to make up canceled instructional days; requiring uniform method of cancellation notification; providing that certain cancelled instructional days be considered out-of-calendar days and requiring those days to be rescheduled; applying the 43-week limit on the beginning and ending dates of the minimum two hundred-day employment term to professional personnel and service personnel; and providing for faculty senate meetings during specified months
"; which was referred to the Committee on Education then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. For S. B. 293 - "A Bill to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to unauthorized practice of medicine and surgery or podiatry or as a physician assistant; criminal penalties; reducing the amount of fine for a person practicing on an expired, lapsed or terminated license for less than ninety days; specifying as a felony the unauthorized practice of medicine and surgery or podiatry or as a physician assistant in all other instances; and providing for enhanced criminal penalties where serious bodily injury results from such unauthorized practice"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 328 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to establishment of the West Virginia Transportation Finance Commission; definitions; creating a governing board of the commission; appointment, terms, qualifications, compensation and expenses of board members; powers and duties of the commission; creating the West Virginia Transportation Finance Commission Fund; deposits and capitalization; disbursements; subaccounts; requirements for loans and other financial assistance from the commission; requirements for applications for loans and other financial assistance and for approval of qualified projects; finance agreements; payments and repayments of loans; withholding of defaulted payments from funds allotted or payable to a defaulting government unit; annual reports to Governor and Legislature; annual audits of the commission; and assistance of the Department of Transportation to the board"; which was referred to the Committee on Government Organization then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 379 - "A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to including licensed pharmacists and pharmacies as health care providers under the provisions of the Medical Professional Liability Act; and clarifying effective date of amendments"; which was referred to the Committee on Health and Human Resources 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. 382 - "A Bill to amend and reenact §29-18-6 of the Code of West Virginia, 1931, as amended, relating to the amount of expenditure for rolling stock"; which was referred to the Committee on Finance.

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 404 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7, all relating to establishing the West Virginia Sesquicentennial Commission and a fund for commission expenses; membership; meetings; reimbursement of expenses; powers and duties of the commission; and termination of the commission
"; which was referred to the Committee on Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of 
     Com. Sub. for S. B. 453 - "A Bill to amend and reenact §24-1-9 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; recommended decisions by hearing commissioner, examiner or panel; service of decisions on parties, including by electronic transmission; and removing antiquated language"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 493
- "A Bill to amend and reenact §18-10A-15 of the Code of West Virginia, 1931, as amended, relating to changing control of the central registry for severe head injuries from the Division of Vocational Rehabilitation to the Center for Excellence in Disabilities"; which was referred to the Committee on Health and Human Resources then Government Organization.
     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. 535 - "A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended, relating to regulating time to sell alcohol in private clubs; exempting race tracks from the private club requirements; and authorizing certain counties and municipalities to designate an earlier time by ordinance"; 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 adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 17 - "Requesting the Division of Highways name bridge number 23-119-15.31 (2647) in Logan County the 'Marine Private Robert Clayton Stephenson Memorial Bridge'."
     Whereas, Robert Clayton Stephenson grew up in Chapmanville, Logan County; and
     Whereas, Robert Clayton Stephenson was an honor student at Chapmanville High School, where he was noted for his student leadership, community service and participation in numerous school groups and activities; and
     Whereas, Robert Clayton Stephenson left his studies at West Virginia University to enlist in the United States Marine Corps; and
     Whereas, Robert Clayton Stephenson made the ultimate sacrifice for his country on April 23, 1967, when he was killed in action in Quang Nam, South Vietnam; and
     Whereas, It is fitting to honor Robert Clayton Stephenson for his service to his country by naming bridge number 23-119-15.31 (2647) in Logan County the "Marine Private Robert Clayton Stephenson Memorial Bridge"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 23-119- 15.31 (2647) in Logan County the "Marine Private Robert Clayton Stephenson Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Marine Private Robert Clayton Stephenson Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Robert Clayton Stephenson.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 29 - "Requesting the Governor's assistance in securing the future use of the MARC commuter train service in Jefferson and Berkeley counties."
     Whereas, The MARC commuter train service to Washington, D. C. from Jefferson and Berkeley counties provides convenient and affordable transportation to some 550 West Virginia citizens each weekday; and
     Whereas, Those West Virginia citizens employed in the Washington, D. C. area pay West Virginia payroll withholding taxes; and
     Whereas, Those West Virginia citizens contribute approximately $40 million directly into the economy of Jefferson and Berkeley counties as well as the state as a whole; and
     Whereas, The MARC commuter train service to Jefferson and Berkeley counties has been a valuable asset for economic health and development for those counties for the last two decades; and
     Whereas, The MARC commuter train service to West Virginia has been subsidized by the Maryland taxpayers by the Maryland Road Fund; and
     Whereas, The state of Maryland is experiencing significant budget problems and has required the Maryland Transit Administration to review its future subsidy for the MARC commuter train service into West Virginia; and
     Whereas, The Maryland Transit Administration in February, 2009, added an extra fee to the West Virginia citizens boarding the MARC train in West Virginia, amounting to $2 per trip, $20 per week and $80 per month; and
     Whereas, After the imposition of the additional West Virginia ticket fees, a significant number of West Virginia citizens have stopped boarding the train in West Virginia and the total expected revenue from the ticket increase will not meet revenue expectations for the Maryland Transit Administration; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Governor's assistance in securing the future use of the MARC commuter train service in Jefferson and Berkeley counties; and, be it
     Further Resolved, That the West Virginia Division of Highways is to have the MARC commuter train service to Jefferson and Berkeley counties be made part of the statewide Intermodal Transportation Plan for West Virginia; and, be it
     Further Resolved, That the West Virginia Department of Transportation is to seek all available state and federal funds for the preservation and continuation of the MARC commuter train service; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Secretary of the Department of Transportation.

     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
     S. C. R. 32 - "Requesting the Division of Highways name bridge number 03-119-16.72 on U. S. Route 119 in Boone County the 'Brian Scott "Scotty" Ulbrich Memorial Bridge'."
     Whereas, Brian Scott "Scotty" Ulbrich was born in West Virginia and attended Lory Julian Elementary School at Julian, West Virginia, where he completed elementary education with an "A" average; and
     Whereas, Brian Scott "Scotty" Ulbrich also became a cub scout earning many medals, the most prestigious of these was his God and Me and God and Country award, and further became a boy scout; and
     Whereas, Brian Scott "Scotty" Ulbrich then entered Madison Middle School where he maintained an "A/B" grade point average; and
     Whereas, During this time, Brian Scott "Scotty" Ulbrich also became interested in rock climbing and took lessons here in West Virginia as well as in California and became a very accomplished climber; and
     Whereas, Brian Scott "Scotty" Ulbrich attended Scott High School where he played tennis and football, ran track, became a member of the National Honor Society and won many first place medals in the science and social studies fairs; and
     Whereas, Brian Scott "Scotty" Ulbrich was an avid cyclist and started riding dirt bikes at age six and was in many hill climbs. He went on to race and eventually started riding street bikes; and
     Whereas, Brian Scott "Scotty" Ulbrich was a first-degree black belt in tae kwon do karate and was a certified karate instructor, a member of the West Virginia karate team, a local, state and national champion and also held the rank in judo, aikido and iaido; and
     Whereas, Brian Scott "Scotty" Ulbrich then attended Marshall University, majoring in criminal justice. He became a member of the cheering squad his freshman year known as the "Marshall Maniacs" and would participate in various pregame and halftime shows that involved dressing up as the opposing team's mascot to get wiped out by another who was dressed in the Marshall green and white; and
     Whereas, Brian Scott "Scotty" Ulbrich felt he needed to defend our great state and nation and, therefore, enlisted in the United States Army in 2004, when he was only one semester shy of earning his undergraduate degree at Marshall University (his B. A. degree was granted posthumously on Veteran's Day, 2005); and
     Whereas, Brian Scott "Scotty" Ulbrich became a cavalry scout after completing basic training at Fort Knox, Kentucky; and
     Whereas, Brian Scott "Scotty" Ulbrich was stationed at Fort Carson, Colorado, as a member of the first platoon of Lightning Troop, Third Squadron, Third Armored Cavalry Regiment and also decorated as an expert in marksmanship, bayonette and grenades; and
     Whereas, Brian Scott "Scotty" Ulbrich's unit was shipped off to Iraq in March, 2005; and
     Whereas, Brian Scott "Scotty" Ulbrich performed many acts of heroism and bravery under fire to save his fellow men and women in uniform in Iraq, which included embarking on many missions that were of a covert nature; and
     Whereas, Brian Scott "Scotty" Ulbrich was the recipient of the Bronze Star, the Purple Heart, the Good Conduct Medal and the Army Commendation Medal; and
     Whereas, United States Army Brigadier General P. K. Keen asserted Brian Scott "Scotty" Ulbrich's attention to detail and desire to excel were known throughout the Third Armored Cavalry Regiment and Scotty's unwavering dedication, selfless service, professionalism and outstanding performance of duty left an indelible impression on his fellow soldiers and reflected a great credit upon him, the Third Armored Cavalry Regiment and the United States Army; and
     Whereas, While faithfully executing his duties to his community, state and nation, Specialist Brian Scott "Scotty" Ulbrich was killed in action on June 5, 2005, in the farmlands south of Baghdad by four improvised explosive devices while he was out of his vehicle securing a portion of a roadway so other United States troops could make it through safely; and
     Whereas, Having honorably served in the United States Army and given the ultimate sacrifice for his country, his state and fellow man, we are compelled to ensure that future generations are aware of Specialist Brian Scott "Scotty" Ulbrich's commitment to the cause of freedom; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 03-119-16.72 on U. S. Route 119 in Boone County the "Brian Scott 'Scotty' Ulbrich Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Brian Scott 'Scotty' Ulbrich Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Brian Scott "Scotty" Ulbrich and the Secretary of the Department of Transportation.
Special Calendar

Unfinished Business

     S. C. R. 8, Requesting Division of Highways name bridge in Mullens "Charles V. Stewart Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk
     An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page one, line four, after the word "number", by striking out "55-16/30-0.73 (4983)" and inserting in lieu thereof "55-16/39-0.73 (4983)".

     The resolution (S. C. R. 8) was then adopted, as amended.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     H. C. R. 15, Requesting that the West Virginia State Veterans Cemetery be named "The Donel Kinnard Veterans Cemetery"
; coming up in regular order, as unfinished business, was reported by the Clerk.
     An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page one, line ten, by striking out the resolution in its entirety and inserting in lieu thereof the following:
     "H. C. R. 15 - 'Requesting the Division of Veterans Affairs to name the new West Virginia State Veterans Cemetery to be constructed near the West Virginia State Police Academy near Institute, in Kanawha County, "THE DONEL KINNARD VETERANS CEMETERY".'
     Whereas, Donel Kinnard was born on April 5, 1936, in Logan, the son of Clifford Kinnard and Emmalene Kinnard; and     
     Whereas, Donel Kinnard was a resident of Putnam County and was married to Rebecca McCann Kinnard; and
     Whereas, Upon graduation from Milton High School, Don entered the United States Marine Corps on July 28, 1954; and
     Whereas, After twenty-two years of military service, Don retired from military service on July 27, 1974, having first served in the United States Marine Corps and then serving in the United States Navy, where he served with the UDT and the SEALS team; and
     Whereas, Donel Kinnard was the most highly decorated Veteran in Putnam County, having served 7 tours of duty in Vietnam and was a recipient of the Navy Cross, the Navy's highest medal, along with seven Purple Hearts, the Bronze Star and many other medals, commendations and citations; and
     Whereas, After retirement from the military, Don continued his outstanding service to his country and fellow citizens and veterans; he was the past state commander of the Veterans of Foreign Wars, past district commander of the VFW, past post commander of the VFW and past president of the Hurricane Lions Club; and
     Whereas, Donel Kinnard was a member of the Legion of Valor, Military Order of the Purple Heart, Veterans of Foreign Wars, American Legion, Disabled American Veterans, UDT-SEAL Association, Fleet Reserve Association, Marine Corps League, Vietnam Veterans of America and the Military Order of the Cooties; and
     Whereas, Donel Kinnard played an instrumental role in the establishment of a $32 million, one hundred twenty bed nursing facility for veterans in Clarksburg; and
     Whereas, Donel Kinnard was serving as Chairman of the West Virginia Veterans Council, Chairman of the West Virginia Veterans Nursing Home Committee and Chairman of the West Virginia Veterans Cemetery Committee; and
     Whereas, Donel Kinnard died on February 14, 2009, and before his death on February 14, 2009, Don asked that his final resting place be at the new West Virginia State Veterans Cemetery near Institute; and
     Whereas, It is fitting that the new West Virginia State Veterans Cemetery be named for Donel, in recognition of his uncommon valor and exemplary service to his country, to his fellow veterans, his community and his native state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Veterans Affairs to name the new West Virginia State Veterans Cemetery to be constructed near the West Virginia State Police Academy near Institute, in Kanawha County, 'THE DONEL KINNARD VETERANS CEMETERY'; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Donel's wife, Rebecca McCann Kinnard and other family members; Keith Gwinn, Director of the Division of Veterans Affairs and James Spears, Secretary of Military Affairs and Public Safety.
"
     The resolution (H. C. R. 15) was then adopted, as amended.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

     H. C. R. 30, The "Marine Pvt. Robert Clayton Stephenson Memorial Bridge"
; 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.

     H. C. R. 31, The "Airman First Class Christopher Burns Lester Memorial Bridge";
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.

     H. C. R. 38, The "Bob W. Bellomy Memorial Bridge";
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.

     H. C. R. 39, The "Clair Bee: Basketball Coach and Author Memorial Bridge";
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.
     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; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Third 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 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. 110), 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: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2091) 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. 2470, Exempting all schools which include grades kindergarten through twelve from paying consumer sales tax on items the school sells; 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. 111), 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: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2470) 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. 2530, Relating to further defining professional student support personnel; on third reading, coming up in regular order, was read a third time.
     Delegate Phillips requested to be excused from voting on the passage of Com. Sub. for H. B. 2530 under the provisions of House Rule 49 stating she was a school counselor.
     The Speaker refused to excuse the Lady from voting, stating that she was a member of a class of persons possibly to be affected by the passage of the bill and that she 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. 112), 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: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2530) passed.
    Delegate Boggs moved that the bill take effect July 1, 2009.
     On this question, the yeas and nays were taken (Roll No. 113), 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: Andes, Hutchins, Marshall and Stephens.
     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. 2530) takes effect July 1, 2009.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 2535, Creating a tax credit for certain solar energy systems; on third reading, coming up in regular order, was read a third time.
     Delegate Blair requested to be excused from voting on the passage of Com. Sub. for H. B. 2535 under the provisions of House Rule 49 stating his business would profit.
     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. 114), 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: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2535) 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. 2567, Relating to filing agency rules with the Secretary of State under the Administrative Procedures 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. 115), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Ellem, Sobonya and Walters.
     Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2567) 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. 2702, Relating to the Deputy Sheriff Retirement System Act; 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 Com. Sub. for H. B. 2702 under the provisions of House Rule 49 stating that his nephew was a deputy.
     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. 116), 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: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2702) 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. 2703, Relating to the State Teachers Retirement System; 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. 117), and there were--yeas 96, nays 0, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2703) 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. 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 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. 118), and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting being as follows:
     Nays: Ireland.
     Absent and Not Voting: Andes, Fleischauer, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2722) 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. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System; 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. 119), and there were--yeas 96, nays 0, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2734) 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. 2770, Relating to the Emergency Medical Services Retirement System 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. 120), and there were--yeas 96, nays 0, absent and not voting 4, with the absent and not voting being as follows:
     Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2770) 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. 2999, Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use 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. 121), and there were--yeas 87, nays 9, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Armstead, Border, Eldridge, Lane, Miller, J, Overington, Porter, Sobonya and Walters.
     Absent and Not Voting: Andes, Hutchins, Marshall and Stephens.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. For H. B. 2999) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 122), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Porter and Sobonya.
     Absent And Not Voting: Andes, Hutchins, Marshall and Stephens.
     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. 2999) 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. 2072, Relating to variable premium adjustable life insurance policies; 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. 2218, Authorizing the Department of Transportation to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2222, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Com. Sub. for H. B. 2241, Relating to credit card solicitation on college campuses; 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. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates; 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. 2464, Authorizing county commissions to designate locations for early voting other than the county courthouse or annex; 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. 2569, Creating the Juvenile Services Reimbursement Offender Fund; on second reading, coming up in regular order, was read a second time.
     At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 2569) was advanced to third reading with an amendment pending.
     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; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Spencer, the bill was amended on page five line fifty-seven, after the word "responders" and the comma, by inserting the words "Amateur Radio Operators (HAM) licensed by the Federal Communications Commission" followed by a comma.
     The bill was then ordered to engrossment and third reading.
     Com. Sub. for H. B. 2660, Expanding the definition of limited health care service; 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. 2885, Establishing a uniform credentialing form and creating a single credentialing verification organization; 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. 2926, Establishing a procedure for challenging a candidate's qualifications for elected office; 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. 3082, Relating to the gathering and reporting of foreclosure data and statistics; 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. 3105, Establishing drug free zones at regularly designated school bus stops; on second reading, coming up in regular order, was read a second time.
     At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B. 3105) was advanced to third reading with amendments pending.
     H. B. 3189, Adding members to the Capitol Building Commission; on second reading, coming up in regular order, was read a second time.
     On motion of Delegate Morgan, the bill was amended on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 8. CAPITOL BUILDING COMMISSION.
§4-8-1. Creation; composition; qualifications.
     
(a) There is a The Capitol Building Commission hereinafter referred to as the commission, which is continued, and is composed of five nine members, five of which are appointed by the Governor, with the advice and consent of the Senate.
     (b) One member is appointed by the President of the Senate, one member is appointed by the Speaker of the House of Delegates, one member is appointed by the Supreme Court of Appeals, plus the Secretary of the Department of Administration, who shall be a are all nonvoting member members.
_____
(c) Of the members appointed by the Governor, no more than three members may be of the same political party. One member shall be an architect selected from three persons recommended by the Board of Architects, one member shall be a registered professional engineer selected from three persons recommended by the Board of Engineers, one member shall be is the Commissioner of the Division of Culture and History, who is chairman the chairperson of the commission. and Two members shall be selected from the public at large."
     The bill was then ordered to engrossment and third reading.
     H. B. 3192, Requiring reports to the Governor from state agencies to be made available electronically via the internet; 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. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state; 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. 3208, Including the hours of training county board members have acquired; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

     Com. Sub. for H. B. 2687, Relating to infrastructure projects funded by the West Virginia Infrastructure Fund; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 2753, Relating to the continuation of the Design-Build Program; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 2767, Changing the membership of the PEIA Financial Board,
     Com. Sub. for H. B. 2916, Relating to the Emergency Medical Services Act; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 2957, Requiring the county extension service to collect applicable data regarding the locations of all cemeteries within West Virginia; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     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; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for H. B. 3038, Relating to the enforcement powers of the Ethics Commission; on first reading, coming up in regular order, was read a first time and then, on motion of Delegate Boggs, recommitted to the Committee on the Judiciary.
     Com. Sub. for H. B. 3076, Relating to the regulation and operation of cranes; on first reading, coming up in regular order, was read a first time and ordered to second reading.
     At 12:10 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * *

Evening Session

* * * * * * *

     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 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. 2863, Relating to construction of state utility projects,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2863 - "A Bill to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-1-5 of said code; to amend and reenact §24-2-11 of said code; to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to construction of state utility projects; putting limitations on engineering design and construction inspection fees for state and state subdivision sponsored utility construction; requiring all Water Development Authority sponsored utility projects to get authorization prior to removal of proposed customers of a project; requiring the governmental agency administering the utility project to perform an annual maintenance audit of the utility; altering the number of customers or proposed customers protesting requiring a formal hearing; reducing time periods for the Public Service Commission to review and approve certain applications by public utilities for certificate of public convenience and necessity; providing for additional members of the West Virginia Infrastructure and Jobs Development Council; and requiring a study of engineering costs by the West Virginia Infrastructure and Jobs Development Council,"
     And,
     H. B. 2807, West Virginia Geographical Information System,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2807 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B- 5, all relating to the West Virginia Geographical Information System,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 3197, Authorizing municipalities to permit nonpolice officers to issue citations for littering,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (H. B. 3197) to the Committee on Finance was abrogated.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     H. B. 3295, Relating to the West Virginia State Treasurer's Office,
     And reports the same back with the recommendation that it do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 3224, Relating to compensation for condemnation commissioners,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 3224 - "A Bill to amend and reenact §54-2-19 of the Code of West Virginia, 1931, as amended, relating to compensation for condemnation commissioners,"
     With the recommendation that the committee substitute do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers,
     H. B. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit Program,
     H. B. 3169, Providing a detailed standard of review that the county commission may apply in reviewing the findings of a fiduciary supervisor on probate matters,
     And,
     H. B. 3170, Clarifying the filing and review of the periodic accountings of conservators of incapacitated protected persons,
     And reports the same back with the recommendation that they each do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     H. B. 3270, High Technology Business Property Valuation Act,
     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. 3270) 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. 3194, Making it a misdemeanor to knowingly file false information with the Secretary of State,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3194 - "A Billo amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31B-1-114, relating to the creation of a criminal penalty for knowingly filing materially false information regarding a limited liability company with the Secretary of State,"
     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. 2538 Relating to supplemental funding for the provision of alternative programs for limited English proficient students,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2538 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-22, relating to supplemental funding for programs for students with limited English proficiency and learning English as a second language; providing framework for the distribution of appropriations of funds for the programs; requiring application by county boards to receive funding; and requiring state board rule to implement provisions,"
     H. B. 2870, Extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 2870 - "A Bill to amend and reenact §18-7D-5 and §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to extending the deadline of the buyback provision provided under the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; and similarly extending the time for loans for such buyback",
     H. B. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code,
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 2976 - "A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to the State Building Code; and requiring the State Fire Commission to promulgate rules pertaining to the State Building Code that are in accordance with certain national and international building codes and standards,"
     And,
     H. B. 3043, Clarifying that dependents must live with the employee and by prohibiting public employees hired on or after July 1, 2009, from applying credit for years of teaching service toward premiums of the Public Employees Insurance Agency,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3043 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to the prohibition of extended coverage upon retirement based upon years of service for new higher education employees beginning July 1, 2009,"
     With the recommendation that the committee substitutes each do pass.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 3146, Relating to seniority rights for school service personnel,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 3146 - "A Bill to amend and reenact §18A-4-8b of the Code of West Virginia, 1931, as amended, relating to seniority rights for school service personnel; revising criteria for consideration of applicants; and providing for assignment based on seniority in certain circumstances in certain classifications,"
     With the recommendation that the committee substitute do pass.
Messages from the Senate

    A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 153 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; repealing certain legislative rules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management fee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the control and reduction of nitrogen oxides from nonelectric-generating units as a means of mitigate transport of ozone precursors; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits, permission to commence construction and procedures for evaluation; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to repeal a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from electric-generating units; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to a mercury budget training program to reduce mercury emissions; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the State Water Pollution Control Revolving Fund; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to environmental laboratories' certification and standards of performance; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to dam safety; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment"; which was referred to the Committee on the Judiciary.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
     S. B. 425 - "A Bill to amend and reenact §46A-4-111 of the Code of West Virginia, 1931, as amended, relating to requiring disclosure of a higher annual percentage rate in any refinancing or consolidation of a nonrevolving consumer loan or consumer credit sale; and requiring a documentation of a reasonable, net tangible benefit to the borrower of any refinancing or consolidation of a nonrevolving consumer loan or consumer credit sale made under this article that is secured by residential real estate"; which was referred to the Committee on Banking and Insurance 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
     S. B. 436 - "A Bill to amend and reenact §22-3-8 of the Code of West Virginia, 1931, as amended, relating to environmental permitting of surface coal mining; and correcting antiquated language with respect to the state agencies charged with cooperating with the Department of Environmental Protection to ensure that permit applicants comply with certain fiscal and reporting requirements imposed by the state's unemployment compensation and workers' compensation laws"; 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. 648 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to requiring manual count of selected precinct during the canvas in counties using electronic voting systems; requiring county commission to select a precinct to be manually counted; and providing for full manual count under certain circumstances"; 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. 650 - "A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for accessory after the fact to certain crimes to a felony; establishing penalty; and creating exceptions"; which was referred to the Committee on the Judiciary then Finance.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Hutchins and Marshall.
     At 5:11 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 27, 2009.

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