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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)
hdj2009-04-03-52


__________*__________




Friday, April 3, 2009

FIFTY-SECOND 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 Thursday, April 2, 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. C. R. 44, The "SFC Jaime Scott Nicholas Memorial Highway",
And reports the same back, with amendment, with the recommendation that it be adopted, as amended.
At the request of Delegate Boggs, and by unanimous consent, the resolution was taken up for immediate consideration.
An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on pages one, lines nine, seventeen and twenty-one, and on page two, lines fifteen and nineteen, preceding "SFC", by inserting the words"Green Beret".
And,
On page one, line ten, and on page two, lines nine and twenty-two, preceding the word "Sergeant", by inserting the words "Green Beret".
The question now being on the adoption of the resolution, as amended, Delegate Boggs demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 242), 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: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 44) 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.
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. 57, Requesting the Governor adopt a "West Virginia Coal Miner Appreciation Day" in the State of West Virginia,
And reports the same back with the recommendation that it be adopted.
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. 472, Revising certain outdoor advertising restrictions,
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. 472) was referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
Com. Sub. for S. B. 470, Regulating all-terrain vehicles on Hatfield-McCoy Trail,
And.
Com. Sub. for S. B. 398, Imposing certain restrictions on graduated driver's licenses,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 470 and Com. Sub. for S. B. 398) were each 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:
Com. Sub. for S. B. 631, Relating to certain insurance policy cancellation,
And reports the same back, with title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 631) was referred to the Committee on the Judiciary.
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. 425, Disclosing certain refinanced loan's higher annual percentage rate,
And reports the same back, with title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 425) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities,
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 Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 493) to the Committee on Government Organization was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B 634, Relating to certain volunteering physicians' liability,
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. 634) was referred to the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
S. B. 556, Relating to defensive driving course points deduction,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (S. B. 556) was referred to the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 595, Relating to assignment of child support obligations,
And reports the same back, with amendment, with the recommendation that it do pass, 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:
S. B. 476, Relating to "financial institution" definition,
S. B. 490, Authorizing Mercer County Commission appoint emergency operations center board,
S. B. 503, Defining "sound financial condition",
S. B. 632, Requiring insurers share certain information with Bureau for Medical Services,
And,
S. B. 764, Providing race election results certification procedure,
And reports the same back with the recommendation that they each do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
S. B. 669, Extending Preventative Care Pilot Program,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
In the absence of objection, reference of the bill (S. B. 669) to the Committee on Government Organization was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 419, Creating Healthy Lifestyles Restaurant Calorie Posting Program,
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. 419) was referred to the Committee on Government Organization.
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. 424, Converting financial institution to state-chartered bank,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 424) to the Committee on the Judiciary was abrogated.
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:
Com. Sub. for S. B. 532, Creating WV SAFE Mortgage Licensing Act,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 532) to the Committee on the Judiciary was abrogated.
On motion for leave, a resolution was introduced (Originating in the Committee on Energy, Industry and Labor, Economic Development and Small Business and reported with the recommendation that it be adopted), which was read by its title, as follows:
Delegates Kominar, Barker, Brown, Butcher, Caputo, Fleischauer, Guthrie, Klempa, Mahan, Manypenny, Marshall, Martin, Paxton, Shaver, Skaff, Walker, Andes, Blair, Hamilton, McGeehan, C. Miller, Schoen, Shott and Sobonya:

H. C. R. 68 - "Requesting the Joint Committee on Government and Finance to make a study of the impact of creating incentives supporting the development of a productive coal to liquid plant or plants in West Virginia."
Whereas, Significant research has gone into alternative energy measures to help our state and nation achieve energy independence; and
Whereas, Among those alternative energy opportunities, coal-to-liquid technology represents a promising opportunity to aid in the energy independence of the state and nation; and
Whereas, West Virginia, with its proven reserves of coal, has a unique opportunity to take advantage of the recent developments in increased efficiencies of coal-to-liquid technology; and
Whereas, Expediting the implementation of coal-to-liquid technology transcends the obvious benefits of greater employment and economic development, as it will also increase the energy independence of the nation; and
Whereas, It is in the best interest of its citizens that this state establish as a principle that coal-to-liquid technology to be a high priority for the state's development, as it would stimulate the economy of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the impact of creating incentives supporting the development of a productive coal to liquid plant or plants in West Virginia; and, be it
Further Resolved,
That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Energy, Industry and Labor, Economic Development and Small Business and reported with the recommendation that it be adopted), which was read by its title, as follows:
Delegates Kominar, Barker, Butcher, Caputo, Fleischauer, Guthrie, Klempa, Mahan, Manypenny, Marshall, Martin, Paxton, Shaver, Skaff, Walker, Andes, Blair, Hamilton, McGeehan, C. Miller, Schoen, Shott and Sobonya:

H. C. R. 69 - "Requesting the Joint Committee on Government and Finance study the feasibility of the utilization of the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program with the West Virginia 'Verifying Legal Employment Status of Workers' statute."
Whereas, The work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program, utilizes an electronic status verification system to determine the status of legal and unauthorized workers or aliens employed in the United States; and
Whereas, There are an alarmingly large number of unauthorized workers or aliens, otherwise known as illegal workers or aliens, employed throughout the United States and West Virginia in violation of existing laws. West Virginia has an existing statute known as the Verifying Legal Employment Status of Workers Act whereby it is unlawful to knowingly hire or employ an authorized worker. The statute requires employers to verify the legal status or authorization of a prospective employee prior to employment; and
Whereas, Our national security and compliance with existing laws relating to the verification of the status of prospective employees as to their citizenship or authorization to seek employment in West Virginia would best be served by utilization of the status verification system and ensure that West Virginia employers only hire employees who are legal citizens of the United States or are legal or authorized aliens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of the utilization of the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 USC Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program with the West Virginia statute relating to verifying the legal employment status of prospective workers or employees in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 258, Clarifying local fiscal bodies cannot be held liable for certain deficits,
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. 258) was referred to the Committee on Finance.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 12, Allowing 2-year motorcycle registration period,
Com. Sub. for S. B. 672, Creating Mental Health Stabilization Act of 2009,
And,
S. B. 770, Relating to Regional Jail and Correctional Facility Authority Fund excess funds,
And reports the same back with the recommendation that they each do pass.
Clerk's Note: An erroneous committee report was filed and read across the Clerk's Desk, reporting Com. Sub. for S. B. 439 and Com. Sub. for S. B. 639.
The corrected committee reports will be read into the record during Monday's proceedings.
On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Manypenny, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Azinger, Cowles, McGeehan, C. Miller, J. Miller, Porter and Rowan:

H. C. R. 70 -- "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Professional Engineers."
Whereas, The Board regulating the profession of engineers oversees the practice of consulting engineers, professional engineers and engineer interns; and
Whereas, Since the time of the board's inception, changes have occurred in the practice of this profession that have not been incorporated into the regulatory framework governing the board; and
Whereas, Periodic reviews of professional licensing boards are conducted by the Legislature to update definitions, educational standards, scopes of practice and legislative rules; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Engineers, should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Engineers; 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.
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Manypenny, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Azinger, Cowles, McGeehan, C. Miller, J. Miller, Porter and Rowan

H. C. R. 71 -- "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Architects."
Whereas, The law regulating the practice of architecture has not been revised since 1990; and
Whereas, Since that time, changes have occurred in the practice of this profession that have not been incorporated into the regulatory framework governing the board; and
Whereas, The West Virginia State Board of Architects was established to safeguard the life, health, property and public welfare of the people of this state and to protect the people against the unauthorized, unqualified and improper practice of architecture in the state of West Virginia; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Architects should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Architects; 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.
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Manypenny, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Azinger, Cowles, McGeehan, C. Miller, J. Miller, Porter and Rowan:

H. C. R. 72 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia State Board of Pharmacy."
Whereas, The Board regulating the profession of pharmacists, pharmacy technicians, pharmacy interns and pharmacies is charged with protecting the public health, safety and welfare; and
Whereas, Because of advances in medical technology, changes in the practice of these professions have not been incorporated into the regulatory framework that governs the board to ensure that it has the authority necessary to govern the professions; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia State Board of Pharmacy should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing this profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the West Virginia State Board of Pharmacy; 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.
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Manypenny, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Azinger, Cowles, McGeehan, C. Miller, J. Miller, Porter and Rowan:

H. C. R. 73 - "Requesting that the Joint Committee on Government and Finance authorize a study on the West Virginia Board of Social Work Examiners."
Whereas, The purpose of the West Virginia Board of Social Work Examiners is to protect the public by establishing standards for the qualification, education, training and experience for those who seek licensure and to promote high standards of professional and ethical performance for those engaged in the profession of social work; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
W
HEREAS , Since the time of the board's inception, changes have occurred in the practice of this profession that have not been incorporated into the regulatory framework governing the board; and
Whereas, The statute governing the West Virginia Board of Social Work Examiners should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study on the West Virginia Board of Social Work Examiners; 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.
And,
Delegates Morgan, Stephens, Argento, Butcher, Givens, Hall, Hartman, Hatfield, Manypenny, Martin, D. Poling, Ross, Skaff, Staggers, Swartzmiller, Talbott, Azinger, Cowles, McGeehan, C. Miller, J. Miller, Porter and Rowan:

H. C. R. 74 - "Requesting the Joint Committee on Government and Finance authorize a study of the feasibility of adopting a uniform lien filing system."
Whereas, The West Virginia Code recognizes numerous types of liens with various requirements, and prescribes formats for liens that vary according to the type of the lien; and
Whereas, Clerks of the County Commissions must maintain liens in various indices according to statute; and
Whereas, Creating a uniform lien filing system would ease the burden on the Clerks and make record-keeping and searches more efficient and manageable; and
Whereas, Creating a single uniform lien filing form that requires certain information would provide for simpler lien filing, and eliminate hurdles that prevent citizens from filing and perfecting a lien; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the feasibility of adopting a uniform lien filing system; 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.
In the absence of objection, the Speaker referred the resolutions (H. C. R. 70, H. C. R. 71, H. C. R. 72, H. C. R. 73 and H. C. R. 74) to the Committee on Rules.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
S. B. 507, Relating to Clean Coal Technology Council's powers and duties,
And,
Com. Sub. for S. B. 282, Relating to retail liquor licenses' classification,

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. 507 and Com. Sub. for S. B. 282) 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:
Com. Sub. for S. B. 442, Requiring State Auditor perform delinquent land sales paper processing responsibilities,
S. B. 452, Relating to Public Employees Insurance Agency underwriting nonstate employer groups,
And,
S. B. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 442, S. B. 452 and S. B. 464) were each referred to the Committee on Finance.
Resolutions Introduced

Delegates Blair, Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, Louisos, McGeehan, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the Legislature establish a Joint Legislative Committee on Substance Abuse and Public Assistance for the purpose of studying the use of random drug testing and other measures to reduce or eliminate substance abuse among recipients of public assistance, and proposing legislation that achieve this goal."
Whereas, The Legislature serves as custodians of the people's money, and incumbent in that responsibility is a duty to ensure that tax dollars are spent prudently and efficiently; and
Whereas, The Legislature is also responsible for protecting those in our State that most need government's help, and while substance abuse transcends social status, economic status, race and age, substance abuse disproportionately affects persons of limited economic means and their families; and
Whereas, Just as schools and the workplace are worth of protection from scourges of drug abuse, families in need are worthy of the same protection; and
Whereas, Sound public and economic policy requires that the Legislature attain the maximum efficiency of every tax dollar for the greatest good, making it a moral obligation of the state to ensure that moneys allocated for public assistance are reaching the persons who most need it and are used as intended for basic subsistence; and
Whereas, Drug testing in both private and public sector employment is becoming increasingly common, the Legislature has a duty to the citizens to assure those persons receiving public assistance are in the best possible position to reenter the workforce; and
Whereas, Current economic and unemployment conditions require a reinvigorated focus on the goals of public assistance programs, which serves as a safety net for those who need it, and ultimately returning those people back into the workforce; therefore, be it
Resolved by the Legislature of West Virginia:
That a Joint Legislative Study Committee on Substance Abuse and Public Assistance be created for the purposes of studying the feasibility of implementing a random drug testing policy for public assistance and unemployment benefit recipients; and, be it
Further Resolved, That the Joint Legislative Committee on Substance Abuse propose legislation for the Legislature's adoption creating a random drug testing policy and other measures as the joint committee may see fit to include; and, be it
Further Resolved, That the study committee analyze and consider the policies urged in this resolution, along with similar or alternative policies and proposals, including those from other states, for effectiveness, funding ramifications and constitutionality, for the purpose of inclusion in the committee's proposed legislation; and, be it
Further Resolved, That the study committee establish a mechanism, either via website or telephone, for public opinion to be voiced and heard regarding the issue of substance abuse and public assistance; and, be it
Further Resolved, That the study committee include in proposed legislation a finding that public assistance is a privilege, and that in consideration for receiving public assistance recipients must adhere to conditions as imposed by the Legislature.
Delegates Shott, Frazier, Perry, Porter, Shaver, McGeehan, Sumner, Louisos, Williams, Beach and Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 59 - "Requesting the Legislature establish a Joint Legislative Committee on Public Service Commission Accountability and Effectiveness for the purpose of studying the accountability and effectiveness of the Public Service Commission, and proposing legislation consistent with the committee's findings."
Whereas, Rising utility costs continue to consume a greater portion of the incomes of West Virginians and act as an impediment to economic development; and
Whereas, The Public Service Commission was created not only to regulate and ensure the availability of public utilities, but also to protect the interest of the using and consuming public; and
Whereas, The Legislature seeks to address concerns that sufficient accountability does not currently exist to ensure that the Public Service Commission is adequately protecting those interests; therefore, be it
Resolved by the Legislature of West Virginia:
That a Joint Legislative Study Committee on Public Service Commission Accountability and Effectiveness be created for the purposes of studying the issue of the accountability and effectiveness of the Public Service Commission, and the feasibility of creating legislation consistent with the committee's findings; and proposing legislation to achieve this goal; and, be it
Further Resolved, That the Joint Legislative Committee on Public Service Commission Accountability and Effectiveness examine the following issues in relation to the Public Service Commission:
(1) The process of applying for and receiving rate modifications, including the feasibility of authorizing the commission to unilaterally decrease rates when an investigation concludes that consumers are being overcharged;
(2) A description of all revisions to policies or practices, or both, of the commission intended to ensure that utilities adopt and utilize best management practices in their respective operations;
(3) A description of any current practices or policies, or both intended to minimize the amount of any possible over-recovery from rate payers paying interim rates while a rate case is pending;
(4) An analysis of the method by which machinery, equipment, fixtures and infrastructure is depreciated following the acquisition by a subsequent owner, and whether such method is consistent with the purposes for which depreciation is allowed;
(5) An analysis comparing the current utility rates in each of the twenty-eight border counties with the comparable rates for the non-West Virginia counties which share a common boundary with each;
(6) Whether an economic impact analysis should be required with respect to applications for substantial rate increases; and
(7) Whether the consumer advocate's actions in principal and effect have remained consistent with the original intent, and if not, how to correct such problems; and, be it
Further Resolved, That the study committee shall consider such other information or documentation as the committee may request in order to achieve the goals of this resolution.
Delegates Kominar, Craig, White and Caputo offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Recognizing the importance of the coal mining industry in West Virginia and requesting West Virginia's congressional delegation to support the coal industry."
Whereas, The Legislature works tirelessly to improve the quality of life for the citizens of the mountain state; and
Whereas, Coal mining has been, and continues to be, one of the primary industries responsible for the economic success of West Virginia and its citizens; and
Whereas, Before the national economic downturn, severance tax collections from coal were at record levels contributing to a budget surplus at the state and county levels; and
Whereas, All fifty-five counties continue to receive a local share of coal severance dollars to support county, local and municipal budgets; and
Whereas, County governments and county school systems throughout the state rely on the taxes from coal companies and coal miners to fund many valuable programs, including public education, ambulance services and law enforcement; and
Whereas, Thousands of West Virginians are employed, either directly or indirectly, by the coal mining industry which generates payrolls totaling over $2 billion; and
Whereas, The loss of any of West Virginia's coal mines and the loss of any mining related employment ultimately results in significant harm to all West Virginians; and
Whereas, Surface coal mining, including the practice of mountaintop removal, currently represents forty-two percent of the total coal production in West Virginia; and
Whereas, Senate Bill 375 provides for master land use plans to be developed in all counties where surface mining takes place with greater focus provided by the Coalfield Economic Development Office on renewable and alternative fuel sources, highways and residential; and
Whereas, Actions and inactions by federal regulatory agencies which have had the effect of closing surface coal mines are more frequent and result in the loss of hundreds of mining and other jobs in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes the importance of the coal mining industry in West Virginia and requests West Virginia's Congressional Delegation to support the coal industry; and, be it
Further Resolved, That the Legislature supports the continued mining of coal in West Virginia, including surface mining by all methods recognized by state and federal law, and is prepared to cooperate with all federal agencies in an effort to resolve quickly any outstanding issues which are preventing the mining of coal, and which are contributing to the loss of jobs in West Virginia; and, be it
Further Resolved, That the Legislature requests West Virginia's congressional delegation to make every effort possible to assist in securing the needed cooperation from federal agencies to allow the continuation of the mining of coal and to protect the jobs of coal miners and others who derive their employment from the coal industry; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the West Virginia Coal Association.
Delegate Williams, Mr. Speaker, Mr. Thompson, and Delegates Beach, Butcher, Caputo, Crosier, Evans, Fragale, Hartman, Klempa, Louisos, Marshall, Michael, Morgan, Moye, Perry, D. Poling, M. Poling, Shaver, Tabb, Varner, Walker and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 61 - "Requesting the bridge in Bruceton Mills crossing I-68 at the Bruceton Mills exit, mile marker 23, in Preston County, West Virginia, specifically bridge number 39-73/11- 0.04(2835), be named the 'Trooper First Class James Thomas Brammer Memorial Bridge'."
Whereas, Trooper First Class James Thomas Brammer was born April 13, 1947, in South Charleston, Kanawha County, West Virginia. He was a member of the West Virginia State Police from February, 1973 until April, 1989 and his untimely death in the line of duty on April 15, 1989, when he and Trooper Ronald Hicks were attempting to serve a warrant near Terra Alta in Preston County. Trooper First Class James Thomas Brammer was shot in the head and died instantly; and
Whereas, Trooper First Class James Thomas Brammer died leaving his wife, Bonnie Holliday Brammer, whom he married on May 29, 1971, a son Michael who was 15 years old, a daughter Mary Beth, who was 8 years of age, a brother Robert and his now deceased parents Harry and Mary Brammer. He had served in the United States Army, the West Virginia State Police for 16 years, and was an expert sharpshooter. Trooper First Class James Thomas Brammer was a member of Sugar Valley Methodist Church and was awarded the American Police Hall of Fame Medal of Honor, West Virginia State Police Medal of Valor, West Virginia Chiefs of Police Association Police Cross and was honored by the FBI Fallen West Virginia Law Enforcement May 5, 2005. He was a member of Fraternal Order of Police Lodge 87, and the Masonic Lodge of Kingwood, West Virginia, and always had time to help the citizens of his community. Trooper First Class James Thomas Brammer served his community, state and country with honor and distinction giving his life in the line of duty; and
Whereas, It is proper to honor the service, dedication and sacrifice of Trooper First Class James Thomas Brammer by naming a bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 39-73/11- 0.04(2835) in Bruceton Mills crossing I-68 at the Bruceton Mills exit, mile marker 23 in Preston County, West Virginia, the "Trooper First Class James Thomas Brammer 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 named the "Trooper First Class James Thomas Brammer 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 surviving family of Trooper First Class James Thomas Brammer.
Delegates Armstead, Ashley, Azinger, Ireland, Porter, Sumner, Shott, Walters, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Argento, Barker, Beach, Blair, Boggs, Border, Brown, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Crosier, Doyle, Duke, Ellem, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Klempa, Kominar, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Skaff, Smith, Sobonya, Spencer, Staggers, Stephens, Stowers, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 66 - "Requesting the Division of Highways place commemorative signs at mile marker 65.5 of the north and south bound lanes of Interstate 64/Interstate 77 near Mahan in Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in Fayette County indicating that the motorist is crossing the 38th parallel north in honor of the veterans of the Korean War and particularly in memory of the thousands who died in the pursuit of freedom for all mankind."
Whereas, The 38th parallel north is a circle of latitude that is 38 degrees north of the earth's equatorial plane; and
Whereas, The 38th parallel north has been especially important in recent history as the dividing line between the countries of North and South Korea; and
Whereas, The military struggle fought on the Korean Peninsula began in 1950 with the invasion of North Korea crossing the 38th parallel into South Korea; and
Whereas, The 38th parallel was the place where the cease-fire was called that effectively ended the Korean War in July, 1953, after more than three years of conflict; and
Whereas, As a fitting tribute to those who fought against communist aggression in Korea, and especially the thousands who were killed, a sign designating that the motorist is crossing the 38th parallel north should be erected on Interstate 64/Interstate 77 at mile marker 65.5 near Mahan in Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in Fayette County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways erect a sign at mile marker 65.5 of the north and south bound lanes of Interstate 64/Interstate 77 near Mahan in Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in Fayette County designating that the motorist is crossing the 38th parallel north in honor of the veterans of the Korean War and particularly in memory of the thousands who died in the pursuit of freedom for all mankind; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of the Division of Highways, the Korean War Veterans Mountaineer Chapter and the Korean War Veterans Association of West Virginia.
Mr. Speaker, Mr. Thompson, and Delegates Doyle, Campbell, Reynolds, Anderson, Evans, Iaquinta, Guthrie, Manchin, Klempa and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 67 - "Urging the Members of the West Virginia Congressional Delegation to sponsor and support the Main Street Fairness Act and President Obama to sign it into law."
Whereas, The 1967 Bellas Hess and the 1992 Quill Supreme Court decisions denied states the authority to require the collection of sales and use taxes by out-of-state sellers that have no physical presence in the taxing state; and
Whereas, The combined weight of the inability to collect sales and use taxes on remote sales through traditional carriers and the tax erosion due to electronic commerce threatens the future viability of the sales tax as a stable revenue source for state and local governments; and
Whereas, The Center for Business and Economic Research at the University of Tennessee has estimated that states lost as much as $15 billion in 2008 because they were not able to collect taxes on remote sales, including sales on the Internet; and
Whereas, The same study, estimated that West Virginia lost as much as $50 million in 2008 because of this inability to require remote sellers to collect our State's sales and use taxes; and
Whereas, Since 1999, state legislators, governors, local elected officials, state tax administrators and representatives of the private sector have worked to develop a Streamlined Sales and Use Tax Collection System for the 21st Century; and
Whereas, Between 2001 and 2004, West Virginia and thirty-nine other states enacted legislation expressing the intent of the State to simplify the state's sales and use tax collection systems and to participate in multistate discussions to finalize and ratify an interstate agreement to streamline collection of the States' sales and use taxes; and
Whereas, On November 12, 2002, state delegates unanimously ratified the Streamlined Sales and Use Tax Agreement, which substantially simplifies state and local sales tax systems, removes the burdens to interstate commerce that were of concern to the Supreme Court, and protects state sovereignty; and
Whereas, The Streamlined Sales and Use Tax Agreement provides the states with a blueprint to create a simplified and more uniform sales and use tax collection system that when implemented, allows justification for Congress to overturn the Bellas Hess and Quill decisions; and
Whereas, West Virginia enacted legislation in 2003 to bring this state's sales and use tax statutes into compliance with the Streamlined Sales and Use Tax Agreement; and
Whereas, By March 1, 2009, twenty-three states, Arkansas, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nevada, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming, representing over forty percent of the total population of the United States, enacted legislation to bring their state's sales and use tax statutes into compliance with the Agreement; and
Whereas, The West Virginia Legislature and our colleagues in the other states have shown the resolve to acknowledge the complexities of the current sales and use tax collection system, have worked with the business community to formulate a truly simplified and streamlined collection system and have shown the political will to enact the necessary changes to make the streamlined collection system the law; and
Whereas, The Main Street Fairness Act will be introduced in the 111th Congress to grant those states that comply with the Agreement the authority to require all sellers, regardless of nexus, to collect those states' sales and use taxes; and
Whereas, Supporting the states effort to comply with the Streamlined Sales and Use Tax Agreement and the federal legislation granting states collection authority are such companies, unions and organizations as: Alabama Retail Association; American Booksellers Association; Arizona Retailers Association; Arkansas Grocers and Retail Merchants Association; Best Buy, Inc; California Retailers Association; Colorado Retail Council; Connecticut Retail Merchants Association; Council on State Governments (CSG); Council of State Retail Associations (CSRA); Council on State Taxation (COST); Cracker Barrel Old Country Store, Inc.; CTIA-The Wireless Association; Federation of Tax Administrators (FTA); First Washington Reality, Inc.; Florida Retail Federation; General Growth Properties, Inc.; Georgia Retail Association; Retail Merchants Association of Hawaii; Home Depot; Idaho Retailers Association; Illinois Retail Merchants Association; Independent Music Retailers Association; Indiana Retail Council; International Council of Shopping Centers (ICSC); International Union of Police; Iowa Retail Federation; J.C. Penney Corporation, Inc.; Jack in the Box, Inc.; Jewelers of America; Kansas Retail Council; Kentucky Retail Association; Kimco Realty Corporation; K-Mart Corporation; Land's End; Louisiana Retailers Association; Maine Merchants Association; Maryland Retailers Association; Retailers Association of Massachusetts (RAM); Michigan Retailers Association; Minnesota Retailers Association; Retail Association of Mississippi; Missouri Retailers Association; National Association of Chain Drug Stores; National Association of College Stores; National Association of Industrial and Office Properties (NAIOP); National Association of Real Estate Investment Trusts (NAREIT); National Bicycles Dealers Association; National Conference of State Legislatures (NCSL); National Education Association (NEA); National Governors Association (NGA); National Office Products Association; National Retail Federation (NRF); Nebraska Retail Federation; Retail Federation of Nevada; New England Independent Booksellers Association; New Jersey Retail Merchants Association; New Mexico Retail Association; Retail Council of New York State; Newspaper Association of America; North American Retail Dealers Association (NARDA); North Carolina Retail Merchants Association; North Dakota Retail Association; Northern California Independent Booksellers; Ohio Council of Retail Merchants; Oklahoma Retail Council; Pacific Northwest Booksellers Association; Pennsylvania Retailers' Association; Performance Automotive Retailers; Performance Warehouse Association; PETsMART, Inc.; Radio Shack Corporation; Real Estate Roundtable; Retail Leaders Association (RILA); Rhode Island Retail Federation; Ross Stores, Inc.; Sears Holdings Corporation; Simon Property Group, Inc.; South Carolina Retail Association; South Dakota Retailers Association; Staples, Inc.; Target; Tennessee Retailers Association; The Gap, Inc.; The Macerich Company; The TJX Companies, Inc; US Telecom; Utah Retail Merchants Association; Vermont Retail Association; Virginia Retail Merchants Association; Wal-Mart; Washington Retail Association; Weingarten Realty Investors; West Acres Development LLP; Westfield; Wisconsin Merchants Federation; and Wyoming Retail Merchants Association; and
Whereas, Until Congress and the President enact the Main Street Fairness Act, participation by remote sellers is only voluntary and thus states are unlikely to close the revenue gap between what is owed on remote transactions and what is collected; and
Whereas, Congressman Roy Blunt of Missouri has termed this federal legislation as "fiscal relief for the states that does not cost the federal government a single cent" and ensures the viability of the sales and use tax as a state revenue source; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of our Congressional Delegation join as cosponsors of the Main Street Fairness Act, by Senator Michael Enzi of Wyoming and Congressman William Delahunt of Massachusetts, and support its swift adoption by the Congress of the United States; and, be it
Further Resolved, That President Barack Obama, upon its passage by the Congress is urged to sign the Main Street Fairness Act into law; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States and the members of West Virginia's congressional delegation.
Petitions

Delegates Brown, Staggers, Wooton, Guthrie, Perry, Cann and Iaquinta presented a petition on behalf of residents of their district, expressing opposition to S. B. 519, Authorizing Governor institute employee furlough program; which was referred to the Committee on Government Organization.
Special Calendar

Unfinished Business

H. C. R. 7, Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges and issues facing veterans; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 45, The "Bob Basil Memorial Bridge"; coming up in regular order, as unfinished business, was, on motion of Delegate Boggs, laid over one day.
Third Reading

Com. Sub. for S. B. 263, Disclosing certain inmates' personal communications; 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. 243), 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: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 263) 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 S. B. 307, Creating Maternal Screening 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. 244), 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: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 307) 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 S. B. 321, Modifying certificate of need process; 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. 245), 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: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 321) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 341, Transferring juvenile justice database administration to Supreme Court; 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. 246), 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: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 341) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 346, Correcting code reference related to bear tagging; 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. 247), 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: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 346) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 436, Updating terminology relating to surface mining reporting requirements 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. 248), and there were--yeas 93, nays 1, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Porter.
Absent And Not Voting: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 436) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 453, Relating to Public Service Commission service of decisions; 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. 249), and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Louisos and Porter.
Absent And Not Voting: Beach, Brown, Ennis, Ireland, Romine and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 453) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Second Reading

Com. Sub. for S. B. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 284, Relating to Viatical Settlements Act; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page five, section three, lines seventy-three and seventy-four, by striking out "$20,000 and $100,000 " and inserting in lieu thereof "$100,000 and $300,000 ".
The bill was then ordered to third reading.
Com. Sub. for S. B. 384, Authorizing Department of Transportation take control of certain highway emergencies; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, after the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-1. Authority of fire officers in charge of fire, service call or other emergency; definition.
(a) While any fire department recognized or approved by the West Virginia State Fire Commission is responding to, operating at or returning from a fire, fire hazard, service call or other emergency, the fire chief, any other elected or appointed fire line officer or any member serving in the capacity of appointed fire line officer in charge, except on industrial property where trained industrial fire-fighting personnel are present, shall have the authority:
(1) Of controlling and directing To control and direct firefighting and fire control activities at such scene;
(2) To order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such persons from injury;
(3) To blockade any public highway, street or private right-of-way temporarily while at such scene in accordance with the following provisions:
(A) If the emergency incident occurs on a public highway and it is reasonably expected that the highway may be closed for a period of at least two hours or upon the request of the incident commander acting in accordance with the provisions of the National Incident Management System in effect as of December 31, 2008, the Secretary of Transportation or his or her designee(s) shall be notified of the incident as soon as possible;
(B) The Secretary of Transportation or his or her designee(s) shall respond to the notification of the incident in order to assist with the restoration of traffic flow or with the development and implementation of a traffic diversion plan;
(C) All authorized persons who respond to the scene of the emergency incident and all of their available resources will become part of the incident command system;
(D) All of those persons are to collaborate and cooperate with the incident commander and appropriate law-enforcement personnel at the emergency incident scene in order to restore traffic flow as soon as possible after the scene is deemed safe by the incident commander; and
(E) Once the incident commander has declared the emergency incident scene to be safe, the control of the traffic at the emergency incident scene will be transferred to the Department of Transportation or the appropriate law-enforcement agency;
(4) To enter the building, structure, enclosure or other property of any person or persons at any time of the day or night, without liability, while operating at such scene;
(5) To enter any building, including private dwellings, or upon any premises where an emergency exists, or where there is reasonable cause to believe an emergency exists, for the purpose of eliminating the emergency;
(6) To enter any building, including private dwellings, or premises near the scene of the emergency for the purpose of protecting the building or premises or for the purpose of eliminating the emergency which is in progress in another building or premises;
(7) To inspect for preplanning all buildings, structures or other places in their fire district, excepting, however, the interior of a private dwelling, with the consent of the owner or occupant, where any combustible materials, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish or other combustible material that is or may become dangerous as a fire menace to such building or buildings, structure or other places has been allowed to accumulate or where such chief or his or her designated representative has reason to believe that such material of a combustible nature has accumulated or is liable to be accumulated;
(8) To direct the removal, use or destroying destruction of any fence, house, motor vehicle or other thing which may reasonably be determined to be necessary to be pulled down, destroyed or removed to prevent the further spread of the fire or hazardous condition;
(9) To request and be supplied with additional materials such as sand, treatments, chemicals, etc., and special equipment when dealing with an accident on a public highway or railroad right-of-way when it is deemed a necessity to prevent the further spread of the fire or hazardous condition, the cost of which to be borne by the owner of the instrumentality which caused the fire or hazardous condition; and
(10) To order disengagement or discouplement of any convoy, caravan or train of vehicles, craft or railway cars if deemed a necessity in the interest of safety of persons or property. and
(11) (b) As used in this article, the term 'emergency' means a situation in which the fire officer in charge knows or in which a reasonable person would believe that there exists an imminent threat of serious bodily harm or death to a person or significant damage to property."
The bill was then ordered to third reading.

S. B. 445, Removing conservation supervisors' election certification requirements; on second reading, coming up in regular order, was read a second time.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
"That §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, be amended to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling vacancies.
(a) Beginning with the 2008 general election Each county in a district shall elect two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.
(b) A candidate for supervisor shall own land in the district and have the education, training or experience necessary to carry out the duties required by this article and rules promulgated thereunder. A candidate shall file with the committee a sworn written statement specifying that he or she meets the requirements of office. A candidate may not be placed on the ballot or be seated as a supervisor unless he or she meets the requirements.
(c) The committee shall provide a list of qualified candidates to the Secretary of State no less than ninety days prior to any election for supervisor in the manner specified by the Secretary.
(d) No nominating petition may be accepted by the committee unless it is subscribed by twenty-five or more owners of lands lying within the boundaries of the district and within the boundaries of the county in which the candidate resides. Landowners in the district may sign more than one nominating petition to nominate more than one candidate for supervisor.
(e) (b) All registered voters in the district are eligible to vote in the election for candidates from the county within the boundaries of the district in which the voter resides. The candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for that county.
(f) (c) Supervisors shall be elected in the general election to be conducted in the year 2008 as nonpartisan candidates. Thereafter After that, supervisors shall be elected in the primary election. The term of office for the candidate for supervisor receiving the highest number of votes in the general election of 2008 shall be for is four years; the candidate for supervisor receiving the second highest number of votes in the general election of 2008 shall be for is two years. In counties where more than two supervisors are elected in the general election of 2008, the two supervisors receiving the highest number of votes shall serve for four years and the remaining supervisor or supervisors shall serve for two years. Subsequent Terms of office for supervisors elected thereafter shall be for after that are four years. The provisions of chapter three of this code shall apply to election of supervisors.
(g) (d) Persons currently holding the position of supervisor, shall regardless of the expiration of the currently designated term of office, continue to serve until the election and qualification of his or her successor.
(h) (e) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and two months, the appointed person shall hold holds office until the expiration of the term. If the unexpired term is for more than two years and two months, the appointed person shall hold holds the office until a successor is elected in the next primary or general election and qualified.
§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties.

(a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.
(b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in two thousand eight, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county is added to a district, the committee may appoint two supervisors to represent the county until the next regular election of supervisors for the district takes place.
(c) A supervisor is entitled to reasonable and necessary expenses and a per diem of not more than one hundred fifty dollars nor less than thirty dollars when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.
(d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district and any other employees, agents or officers employed pursuant to this section are "employees" of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.
(e) The supervisors may delegate to their chairperson, to one or more supervisors or to one or more agents, or employees, those administrative powers and duties they consider proper. The supervisors shall furnish to the State Conservation Committee, upon request, copies of the ordinances, rules, orders, contracts, forms and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee's duties under this article.
(f) The supervisors shall:
(1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;
(2) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and orders issued or adopted; and
(3) Provide for an annual audit of the accounts of receipts and disbursements.
(g) Any supervisor may be removed by the State Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.
(h) The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of a district on all questions of program and policy which may affect the property, water supply or other interests of the municipality or county."
The bill was then ordered to third reading
S. B. 473, Clarifying civil service job posting provisions; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-24. Posting of job openings.
(a) Whenever a job opening occurs within the classified service, the appointing authority shall, in addition to any other requirement of law or regulation for the posting of job opening notices, at least ten working days before making an appointment to fill the job opening, post a notice within the building or facility where the duties of the job will be performed and throughout the agency, which notice states that a job opening has occurred and describes the duties to be performed by a person employed in that position.
(b) If an individual selected for a posted vacancy within the first ten work days of employment: (1) refuses the offer of employment; (2) fails to report to work; or (3) resigns or otherwise separates from employment, the appointing authority is not required to repost the vacancy prior to another appointment to the position if the appointment is made within thirty days and the selection is made from the pool of eligible applicants from which the first employee was hired."
The bill was then ordered to third reading.
S. B. 487, Relating to Division of Personnel Director's qualifications; on second reading, coming up in regular order, was read a second time and ordered to third reading
Com. Sub. for S. B. 526, Relating to osteopathy post-doctoral training requirements; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, by amending the enacting section to read as follows:
"That §30-14-1, §30-14-2, §30-14-4, §30-14-5, §30-14-6 and §30-14-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows" followed by a colon.
The bill was then ordered to third reading.
S. B. 572, Repealing section creating Public Employee Leave Benefit Analysis Board; on second reading, coming up in regular order, was read a second time and ordered to third reading
S. B. 587, Repealing section creating State Personnel Advisory Council; on second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 588, Repealing section creating Public Insurance Agency Advisory Board; on second reading, coming up in regular order, was read a second time and ordered to 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 S. B. 153, Authorizing Department of Environmental Protection promulgate legislative rules,
Com. Sub. for S. B. 261, Mandating party executive committees submit certain nominees 70 days before election,
Com. Sub. for S. B. 370, Relating to community corrections program fees,
Com. Sub. for S. B. 405, Relating to grandparents' visitation,
S. B. 431, Providing in-state medical providers notice of small group health benefit plan,
Com. Sub. for S. B. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation,
Com. Sub. for S. B. 612, Relating to willful nonpayment of child support,
S. B. 719, Allowing certain police officers keep weapon after retirement,
And,
S. B. 760, Authorizing Supreme Court to develop pilot pre-trial release programs.
Miscellaneous Business

Delegate Blair asked and obtained unanimous consent that the remarks of Delegate Armstead regarding the decision of the Iowa Supreme Court concerning same-sex marriage and the recent motion to discharge the Committee on Constitutional Revision from further consideration of the Marriage Protection Amendment be printed in the Appendix to the Journal.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Beach, Brown, Ennis, Ireland, Romine and Shook.
At 11:48 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, April 6, 2009.

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