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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)
hdj2009-04-06-55


__________*__________




Monday, April 6, 2009

FIFTY-FIFTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, April 3, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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:
     Com. Sub. for S. B. 439, Permitting State Police Superintendent consult with Insurance Commissioner,
     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 (Com. Sub. for S. B. 439) was referred to the Committee on the Judiciary.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     Com. Sub. for S. B. 639, Relating to Public Records Management and Preservation 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 (Com. Sub. for S. B. 639) 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:
     S. B. 483, Creating Caregivers Consent Act,
     And,
     Com. Sub. for S. B. 540, Clarifying certain Tax Commissioner's authorities,
     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 (S. B. 483 and Com. Sub. for S. B. 540) were each 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:
     Com. Sub. for S. B. 172, Authorizing Department of Administration promulgate legislative rules,
     S. B. 434, Relating to long-term care policy insurance agents,
     And,
     Com. Sub. for S. B. 501, Prohibiting animal gas chamber euthanasia,
     And reports the same back, with amendment, with the recommendation that they each 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. 521, Including telecommunications devices as jail contraband,
     And,
     S. B. 761, Relating to illegal entries upon certain property,
     And reports the same back, with amendment, with the recommendation that they each 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:
     Com. Sub. for S. B. 195, Authorizing Department of Health and Human Resources promulgate legislative rules,
     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:
     Com. Sub. for S. B. 17, Increasing certain Cultural Facilities and Capitol Resources Matching Grant Program Fund allocations,
     S. B. 338, Creating additional seventeenth judicial circuit court judge,
     And,
     Com. Sub. for S. B. 600, Relating to coal reclamation tax,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.
     In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 17, S. B. 338 and Com. Sub. for S. B. 600) were each 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:
     Com. Sub S. B. 239, Allowing majority vote for certain metro government approval,
     Com. Sub. for S. B. 243, Relating to issuing general obligation bonds,
     S. B. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding,
     Com. Sub. for S. B. 404, Creating sesquicentennial commission and fund,
     Com. Sub. for S. B. 418, Relating to municipalities' fee requirements,
     S. B. 528, Depositing certain fees in counties' general funds,
     And,
     S. B. 594, Requiring monthly fund installments to Courtesy Patrol,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman White, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration:
     Com. Sub. for S. B. 408, Relating to model health plan for uninsurable individuals,
     S. B. 636, Finding and declaring certain claims against state,
     And,
     Com. Sub. for S. B. 695, Relating to payment for certain state employees' unused sick leave,
     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:
     Com. Sub. for S. B. 280, Creating Correctional Industries Act of 2009,
     Com. Sub. for S. B. 456, Creating Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act,
     And,
     Com. Sub. for S. B. 484, Relating to ad valorem property taxes,
     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. 280, Com. Sub. for S. B. 456 and Com. Sub. for S. B. 484) were each 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:
     Com. Sub. for S. B. 575, Relating to gaming operations at historic resort hotel,
     And reports the same back, with amendment, and with a Minority Report pursuant to House Rule 88,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 with the accompanying Minority Report (Com. Sub. for S. B. 575) was referred to the Committee on Finance.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 4, CBM Howard W. Bannister Memorial Bridge.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
     H. C. R. 55, Expressing the will of the Legislature urging President Obama to support the efforts of the Republic of China (Taiwan) to participate in the specialized agencies of the United Nations.
     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. 34 - "Requesting the Division of Highways name the portion of U. S. 52 from Taylorville Bridge to the intersection of State Route 44 in Mingo County the 'R. A. West Memorial Highway'."
     Whereas, R. A. West was born on March 12, 1947, in the town of Varney, Mingo County; and
     Whereas, R. A. West married Marsha Lowe of Williamson, Mingo County. He took a position as fireman with the Norfolk and Western Railroad and soon thereafter became the youngest person to be promoted to the position of engineer; and
     Whereas, At the age of 22, R. A. West, despite the fact that his first-born son was paralyzed due to injury at birth and was confined to a wheelchair, was driven by his religious convictions to heed the call to the evangelical ministry and resigned his job with the railroad, forfeiting his job- related medical benefits while large medical bills associated with the condition of his son continued to mount, thereby evidencing his unshakable religious faith; and
     Whereas, R. A. West began proselytizing and, due to his unquestioning faith and religious fervor, was never content with evangelizing solely on Sundays. Instead, he evangelized an average of 300 times each year, continuing this amazingly torrid pace for the first 15 years of his ministry; and
     Whereas, R. A. West Ministry expanded into radio and television throughout the United States and into 80 foreign countries, spreading a constructive and positive message to millions of human beings throughout the planet; and
     Whereas, In spite of his national and world acclaim, R. A. West never abandoned nor distanced himself from his humble origins, nor from his beloved Varney, West Virginia, nor from his family, friends and parishioners; and
     Whereas, R. A. West, as a direct result of his good and fruitful works, became one of the most respected unofficial ambassadors of West Virginia, a fact which was commemorated by former Governor Jay Rockefeller, among other prominent notables; and
     Whereas, Sadly, R. A. West was suddenly and unexpectedly taken to his reward on July 6, 2002, when his earthly existence was terminated as the result of a motorcycle accident; this event resulted in the largest funeral ever conducted in southern West Virginia, drawing approximately 2,000 persons from all over the United States who gathered to pay their last respects; and
     Whereas, The residents of Varney, Mingo County, as well as people from all over the United States and in the foreign countries where Reverend West's message of peace, love and faith was broadcast, shall never forget his towering spirit and his dedicated fervor in sharing his religious faith; therefore, be it
     Resolved by the Legislature of West Virginia:
     
That the Legislature hereby requests the Division of Highways name the portion of U. S. 52 from Taylorville Bridge to the intersection of State Route 44 in Mingo County the "R. A. West Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "R. A. West Memorial Highway"; 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 the Reverend R. A. West.
     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. 35 - "Requesting the Division of Highways name bridge number 28-10-0.51 (4181) on State Route 10 in Mercer County the 'Staff Sergeant Stanley Brian Reynolds Memorial Bridge'."
     Whereas, Staff Sergeant Stanley Brian Reynolds was born on July 18, 1970, in Baltimore, Maryland, to Sandra Shrewsbury Reynolds of Lashmeet and Bernard Reynolds; and
     Whereas, Staff Sergeant Stanley Brian Reynolds spent a large part of his formative years in the hills of West Virginia and was instilled with the values of family, community, freedom and liberty; and
     Whereas, Staff Sergeant Stanley Brian Reynolds enlisted with the United States Army in 2002 and soon became a member of Bravo Company 4-123 Aviation Company (Sugar Bears) and served his first tour of duty in Iraq from January to December 2005; and
     Whereas, Staff Sergeant Stanley Brian Reynolds was transferred to the 1st Battalion, 52nd Aviation Regiment Task Force Dragon 49, when he began his second tour of Iraq; and
     Whereas, Staff Sergeant Stanley Brian Reynolds served with distinction in the military as a graduate of the Warrior Leaders Course and was a recipient of the Army Commendation Medal, Navy-Marine Corps Commendation Medal, National Defense Medal, Global War of Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Overseas Ribbon, Noncommissioned Officers Professional Development Ribbon and Aviation Crewman Badge; and
     Whereas, Staff Sergeant Stanley Brian Reynolds was also awarded a Bronze Star for his exemplary service in Iraq; and
     Whereas, While faithfully executing his duties to his community, state and nation, Staff Sergeant Stanley Brian Reynolds passed away on August 14, 2007, at Al Taqqadum, Iraq, as a result of injuries received when his CH-47 Chinook helicopter crashed; and
     Whereas, Having honorably served in the United States Army and having given the ultimate sacrifice for his country, his state and fellow man, we are compelled to ensure that future generations are aware of Staff Sergeant Stanley Brian Reynold'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 28-10-0.51 (4181) on State Route 10 in Mercer County the "Staff Sergeant Stanley Brian Reynolds 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 "Staff Sergeant Stanley Brian Reynolds 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 Staff Sergeant Stanley Brian Reynolds 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. 38 - "Requesting the Division of Highways name the section of Route 9 from Martinsburg to Berkeley Springs the 'Ray Johnston Memorial Highway'."
     Whereas, Ray Johnston was born April 3, 1934, in Albert Lea, Minnesota; and
     Whereas, Ray Johnston visited the eastern panhandle 51 years ago and would eventually make it his home; and
     Whereas, Ray Johnston was a visionary and leader for development in the eastern panhandle; and
     Whereas, Ray Johnston was an innovator who was responsible for the creation of the Eastern Panhandle Home Builders Association, which has manifested itself into a large, influential and prosperous local association; and
     Whereas, Ray Johnston had a major impact on the state level, where he served as President of the West Virginia Home Builder's Association; and
     Whereas, Ray Johnston was Past President of the Martinsburg-Berkeley County Chamber of Commerce, where he spearheaded the efforts to obtain funding for the expansion of Route 9; and
     Whereas, Ray Johnston is responsible for the current segment of Route 9 being made into a four-lane highway; and
     Whereas, Ray Johnston developed many properties that will better the quality of life for current and future generations of West Virginians, including his crown jewel, The Woods Resort, which is now home to more than 1,000 families and features such amenities as golf courses, lodge, restaurant, conference center, spa, sports center, tennis courts and swimming pools; and
     Whereas, Ray Johnston was married to his beloved wife Madeline, with whom he shared the joy of having two daughters, Sally and Joy; and
     Whereas, Sadly, Ray Johnston passed away November 14, 2008, bringing to an end the life of a visionary, innovator and one of West Virginia's great leaders and leaving behind his loving family and a host of friends; and
     Whereas, It is fitting to honor Ray Johnston and his contributions to the eastern panhandle and State of West Virginia which will benefit future generations of West Virginians to come by naming the section of Route 9 from Martinsburg to Berkeley Springs the "Ray Johnston Memorial Highway"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways name the section of Route 9 from Martinsburg to Berkeley Springs the "Ray Johnston Memorial Highway"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "Ray Johnston Memorial Highway"; 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 Ray Johnston.
     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. 43 - "Requesting the Division of Highways name bridge number 46-40-0.30 spanning Berkeley Run in Grafton, West Virginia, the 'Bearcat Bridge'."
     Whereas, The construction of the present Grafton High School was finished in 1940 and the first graduating class held its commencement ceremony at the same location; and
     Whereas, All of those participating students have been referred to as "Bearcats" in honor of the school mascot; and
     Whereas, Grafton High School was constructed at the junction of Berkeley Run and the Tygart Valley River and there is a bridge spanning Berkeley Run beside Grafton High School that connects Yates Avenue with Riverside Drive; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 46-40-0.30 spanning Berkeley Run in Grafton, West Virginia, the "Bearcat 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 "Bearcat 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 Grafton High School, 400 Riverside Drive, Grafton, West Virginia.
     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. 44 - "Requesting the Division of Highways name West Virginia Route 3 near Racine in Boone County, beginning at mile post 0.00 and ending on the Kanawha County line at mile post 3.01, the 'Barry Lutsy Memorial Highway'."
     Whereas, Barry Lutsy was a long-time member of the Racine Volunteer Fire Department; and
     Whereas, Barry Lutsy was married to his beloved wife, Debra, with whom he shared the joy of having two children, Jeremy and Justin; and
     Whereas, Sadly, Barry Lutsy was killed in the line of duty on August 13, 2003; and
     Whereas, It is fitting to honor Barry Lutsy for his service and sacrifice to his community by naming West Virginia Route 3 near Racine in Boone County, beginning at mile post 0.00 and ending on the Kanawha County line at mile post 3.01, the "Barry Lutsy Memorial Highway"; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name West Virginia Route 3 near Racine in Boone County, beginning at mile post 0.00 and ending on the Kanawha County line at mile post 3.01, the "Barry Lutsy Memorial Highway"; 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 "Barry Lutsy Memorial Highway"; 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 Barry Lutsy.
     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. 46 - "Requesting the Division of Highways name bridge number 04-19-3.68 (4198) on Route 19 that crosses the Little Birch River in Braxton County, currently named for Freddie Allen, the 'Harold V. Long Memorial Bridge'."
     Whereas, Harold V. Long pursued the interests and values of his community by serving as a member of the West Virginia House of Delegates from 1972 to 1976; and
     Whereas, Harold V. Long was an upstanding businessman in several endeavors, such as Product Distributors, Incorporated, a company that sold gas, tires and other related products to truck drivers. He also owned and operated convenience stores in Sutton and was a member of West Virginia Oil Marketers Association; and
     Whereas, Harold V. Long also served his community as a volunteer firefighter; and
     Whereas, Harold V. Long's productive life was tragically cut short as he was killed in a plane crash in 2000; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 04-19-3.68 (4198) on Route 19 that crosses the Little Birch River in Braxton County, currently named for Freddie Allen, the "Harold V. Long 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 "Harold V. Long 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 the family of Harold V. Long.
     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. 48 - "Requesting the Division of Highways name bridge number 28-460-13.48 (2945) in Mercer County the 'Corporal Ray B. Cheatwood, Jr., Memorial Bridge'."
     Whereas, Ray B. Cheatwood, Jr., was drafted into the United States Army on April 23, 1943; and
     Whereas, Ray B. Cheatwood, Jr., answered the call to duty for his nation during World War II; and
     Whereas, Ray B. Cheatwood, Jr., was captured in Italy on January 22, 1944, transported to Germany and sent to Stalag II-B, where he was held as a prisoner of war until April 13, 1945; and
     Whereas, Ray B. Cheatwood, Jr., was honorably discharged from the United States Army on October 22, 1945; and
     Whereas, Ray B. Cheatwood, Jr., was awarded a Bronze Star Medal, Purple Heart, POW Medal, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, National Defense Service Medal, Combat Infantryman Badge 1st Award and Honorable Service Lap Button WW II; and
     Whereas, It is fitting to honor Ray B. Cheatwood, Jr., for his service to his country by naming bridge number 28-460-13.48 (2945) in Mercer County the "Corporal Ray B. Cheatwood, Jr., 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 28- 460-13.48 (2945) in Mercer County the "Corporal Ray B. Cheatwood, Jr., 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 "Corporal Ray B. Cheatwood, Jr., 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 Ray B. Cheatwood, Jr.
Resolutions Introduced

     Delegates Walker, Louisos, Perry, Staggers, Argento, Beach, Butcher, Hall, Martin, McGeehan, Ross, Shott and Skaff offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 75 - "Requesting the Big Otter Overpass on Interstate 79 in Clay County, specifically bridge number 08-79-39.91(2684), be named the 'Pearl Harbor: PFC Carey K. Stockwell Memorial Bridge'."
     Whereas, PFC Carey K. Stockwell was born on October 21, 1920 to John Stockwell and Sarah Ella Truman Stockwell of Ivydale, West Virginia, the youngest of eleven children; and
     Whereas, PFC Carey K. Stockwell was a Christian young man who cared deeply for his widowed mother; and
     Whereas, PFC Carey K. Stockwell was a private in the Army Air Corps, 42 Bombardment Squadron, during World War II; and
     Whereas, PFC Carey K. Stockwell was killed in action in the attack on Pearl Harbor on December 7, 1941; and
     Whereas, PFC Carey K. Stockwell was the first soldier from Clay County, West Virginia killed during World War II; and
     Whereas, Having honorably served and sacrificed for his country, his state and fellow man, we are compelled to ensure that future generations are aware of PFC Carey K. Stockwell'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 the Big Otter overpass on Interstate 79 in Clay County, specifically bridge number 08-79-39.91(2684), the "Pearl Harbor: PFC Carey K. Stockwell 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 "PFC Carey K. Stockwell Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to PFC Carey K. Stockwell's sister, Audrey Drake, and the Secretary of the Department of Transportation.
     Delegate Armstead offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. R. 48 - "Amending House Rule 84, relating to committee hearings."
     Resolved by the House of Delegates:
     That Rule 84 of the rules of the House of Delegates be amended to read as follows:
Committee Hearings.
     84. On written request of any member of the House of Delegates the introducer of a bill or any interested person or organization, timely made to the chairman or clerk of a committee, a public hearing shall be held on any measure referred to the committee on the official agenda of the committee.
     The chairman may limit the time of proponents and opponents at such hearing.
     The hearing may be conducted by the entire committee or a subcommittee thereof, as the committee shall direct.
     When a bill is referred to more than one committee, no more than one hearing shall be required when properly and timely requested under the provisions of this rule.
Special Calendar

Unfinished Business

     
H. C. R. 45 - The "Bob Basil Memorial Bridge"; coming up in regular order, as unfinished business, was read by the Clerk.
     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. 250), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent And Not Voting: Fragale, Hutchins and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 45) 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. 57 - Requesting the Governor adopted a "West Virginia Coal Miner Appreciation Day" in the State of West Virginia; coming up in regular order, as unfinished business, was read by the Clerk.
     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. 251), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent And Not Voting: Fragale, Hutchins and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. C. R. 57) adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Third Reading

     Com. Sub. for S. B. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority; 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. 252), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent And Not Voting: Fragale, Hutchins and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 259) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 253), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent And Not Voting: Fragale, Hutchins and Webster.
     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 S. B. 259) takes effect from its passage.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 284, Relating to Viatical Settlements 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. 254), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
     Absent And Not Voting: Fragale, Hutchins and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 284) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     Com. Sub. for S. B. 284 - "A Bill to amend and reenact §33-13C-3 and §33-13C-16 of the Code of West Virginia, 1931, as amended, all relating to viatical settlements; adding alternative means for satisfying financial requirements for the licensing of viatical settlement providers and brokers; and making criminal provisions applicable to any person violating the Viatical Settlements Act."
     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. 384, Authorizing Department of Transportation take control of certain highway emergencies; 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. 255), and there were--yeas 93, nays 3, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Ashley, Ellem and Schadler.
     Absent And Not Voting: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 384) passed.
     An amendment to the title of the bill, recommended by the Committee on Government Organization, was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for S. B. 384 - "A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to the control of an emergency scene; providing for transfer of authority to permit safe traffic flow; and providing for the use of property to prevent the spread of a fire."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 445, Removing conservation supervisors' election certification 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. 256), 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: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 445) passed.
     On motion of Delegate Miley, the title of the bill was amended to read as follows:
     S. B. 445 - "A Bill to amend and reenact §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, relating to removing certain requirements and the certification requirements for election of conservation supervisors."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 473, Clarifying civil service job posting provisions; 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. 257), 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: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 473) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     S. B. 487, Relating to Division of Personnel Director's qualifications; 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. 258), and there were--yeas 78, nays 18, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Anderson, Armstead, Ashley, Blair, Border, Brown, Canterbury, Duke, Ellem, Ireland, Lane, C. Miller, Overington, Romine, Schoen, Sobonya, Sumner and Walters.
     Absent And Not Voting: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 487) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     Com. Sub. for S. B. 526, Relating to osteopathy post-doctoral training requirements; on third reading, coming up in regular order, was read a third time.
     The Speaker consulted with the Clerk concerning the applicability of House Rule 49 to his particular situation, inasmuch as his son-in-law is an osteopathic intern. The Speaker, having no direct or pecuniary interest in the passage or rejection of the bill, was to vote thereon.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 259), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Schoen.
     Absent And Not Voting: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 526) passed.
     Delegate Boggs moved that the bill take effect from its passage.
     On this question, the yeas and nays were taken (Roll No. 260), 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: Fragale, Hutchins, McGeehan and Webster.
     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 S. B. 526) 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.
     S. B. 572, Repealing section creating Public Employee Leave Benefit Analysis 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. 261), and there were--yeas 95, nays 1, absent and not voting 4, with the nays and absent and not voting being as follows:
     Nays: Susman.
     Absent And Not Voting: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 572) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 587, Repealing section creating State Personnel Advisory Council; 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. 262), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent And Not Voting: Boggs, Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 587) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
     S. B. 588, Repealing section creating Public Insurance Agency 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. 263), 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: Fragale, Hutchins, McGeehan and Webster.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 588) 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. 153, Authorizing Department of Environmental Protection promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
     On motion of Delegates Webster and Brown , the bill was amended page seven, section one, line forty-nine, by striking out the word "repealed" and inserting in lieu thereof the word "authorized".
     And,
     On page nine, section one, line ninety-one, by striking out the word "repealed" and inserting in lieu thereof the word "authorized".
      The bill was then ordered to third reading.
     Com. Sub. for S. B. 261, Mandating party executive committees submit certain nominees 70 days before election; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 370, Relating to community corrections program fees; 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 two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
"ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-4. Special revenue account      (a) There is hereby created in the State Treasury a special revenue account to be known as the West Virginia Community Corrections Fund. Expenditures from the fund are for the purposes set forth in subsection (e) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. The West Virginia Community Corrections Fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund.
     (b) Beginning on the first day of July, two thousand six, in In addition to the fee required in section nine, article twelve of this chapter, a fee not to exceed thirty-five dollars $35 per month, unless modified by legislative rule as provided in section three of this article, is also to be collected from those persons on probation. This fee is to be based upon the person's ability to pay. The magistrate or circuit judge shall conduct a hearing prior to imposition of probation and make a determination on the record that the offender is able to pay the fee without undue hardship. The magistrate clerk or clerk, deputy magistrate clerk, magistrate assistant, circuit clerk or deputy circuit clerk shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the magistrate clerk or circuit clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.
     (c) Beginning on the first day of July, two thousand seven, in In addition to the fee required in section five, article eleven-b of this chapter, a fee of two dollars fifty cents $2.50 per day is to be collected from those persons on home incarceration. The circuit judge, magistrate or municipal court judge shall consider the person's ability to pay in determining the imposition of the fee. The circuit clerk, magistrate clerk, or municipal court clerk or his or her designee shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the circuit clerk, magistrate clerk or municipal court clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.
     (d) Beginning on the first day of July, two thousand six, in In addition to the usual court costs in any criminal case taxed against any defendant convicted in a municipal, magistrate or circuit court, excluding municipal parking ordinances, a ten-dollar $10 fee shall be added. The circuit clerk, magistrate clerk, or municipal court clerk or his or her designee shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the circuit clerk, magistrate court clerk and the municipal court clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.
     (e) The moneys of the West Virginia Community Corrections Fund are to be disbursed by the Governor's Committee on Crime, Delinquency and Correction, upon recommendation by the community corrections subcommittee, for the funding of community corrections programs and to pay expenses of the Governor's committee in administering the provisions of this article, which expenses may not in any fiscal year exceed ten percent of the funds deposited to the special revenue account during that fiscal year.
     (f) Any disbursements from the West Virginia Community Corrections Fund allocated for community corrections programs by the Governor's committee may be made contingent upon local appropriations or gifts in money or in kind for the support of the programs. Any county commission of any county or the governing body of a municipality may appropriate and expend money for establishing and maintaining community corrections programs.
§62-11C-7. Supervision or participation fee.

     (a) A circuit judge, magistrate, municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by or participate in a community corrections program. The circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person's ability to pay in determining the imposition and amount of the fee.
     (b) All fees ordered by the circuit court, magistrate court, municipal court, or community criminal justice board pursuant to this section are to be paid to the circuit clerk community criminal justice board, who shall monthly remit the fees monthly to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article. All fees ordered by the magistrate court pursuant to this section are to be paid to the magistrate clerk, who shall monthly remit the fees to the treasurer of the county designated as the fiscal agent for the board pursuant to said section. All fees ordered by the municipal court judge pursuant to this section are to be paid to the municipal court clerk who shall monthly remit the fees to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article."
     The bill was then ordered to third reading.
     Com. Sub. for S. B. 405, Relating to grandparents' visitation; 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, 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 §48-10-401 and §48-10-402 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. GRANDPARENT VISITATION.
§48-10-401. Motion for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is pending.

 (a) The provisions of this section apply to any pending actions for divorce, custody, legal separation, annulment or establishment of paternity.
 (b) After the commencement of the action, a grandparent seeking visitation with his or her grandchild may, by motion, apply to the circuit court or family court for an order granting visitation. A grandparent moving for an order of visitation will not be afforded party status, but may be called as a witness by the court, and will be subject to cross-examination by the parties.
 (c) Motions or petitions for grandparent visitation shall be filed and heard in the family court except when an abuse or neglect proceeding involving the child or children is pending before the circuit court, in which case the motion or petition shall be filed and heard in the circuit court.
§48-10-402. Petition for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is not pending.

  (a) The provisions of this section apply when no proceeding for divorce, custody, legal separation, annulment or establishment of paternity is pending.
  (b) A grandparent may petition the circuit court family court for an order granting visitation with his or her grandchild, regardless of whether the parents of the child are married. If the grandparent filed a motion for visitation in a previous proceeding for divorce, custody, legal separation, annulment or establishment of paternity, and a decree or final order has issued in that earlier action, the grandparent may petition for visitation if the circumstances have materially changed since the entry of the earlier order or decree.
  (c) When a petition under this section is filed, the matter shall be styled 'In re grandparent visitation of [petitioner's(s') name(s)]'
  (d) Motions or petitions for grandparent visitation shall be filed and heard in the family court except when an abuse or neglect proceeding involving the child or children is pending before the circuit court, in which case the motion or petition shall be filed and heard in the circuit court."
  The bill was then ordered to third reading.
  S. B. 431, Providing in-state medical providers notice of small group health benefit plan; on second reading, coming up in regular order, was read a second time and ordered to third reading.
  Com. Sub. for S. B. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation; on second reading, coming up in regular order, was read a second time and ordered to third reading.
  Com. Sub. for S. B. 612, Relating to willful nonpayment of child support; 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 one, following the enaction section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-29. Failure to meet an obligation to pay support to a minor; penalties.
  (1) A person who: (a) Persistently Repeatedly and willfully fails to provide pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor; or and (b) is subject to court order to pay any amount for the support of a minor child and is delinquent in meeting the full obligation established by the order and has been delinquent for a period of at least six months' duration, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or confined in the county or regional jail for not more than one year, or both fined and confined.
  (2) A person who persistently repeatedly and willfully fails to provide pay his or her court- ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in: (a) An arrearage of not less than $8,000; or (b) twelve consecutive months without payment of support that remains unpaid, is guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or imprisoned for not less than one year nor more than three years, or both fined and imprisoned.
  (3) In a prosecution under this section, the defendant's alleged inability to reasonably provide the required support may be raised only as an affirmative defense, after reasonable notice to the state."
  The bill was then ordered to third reading.
  S. B. 719, Allowing certain police officers keep weapon after retirement; on second reading, coming up in regular order, was read a second time and ordered to third reading.
  S. B. 760, Authorizing Supreme Court to develop pilot pre-trial release programs; 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:
  S. B. 12, Allowing 2-year motorcycle registration period,
  S. B. 424, Converting financial institution to state-chartered bank,
  S. B. 476, Relating to "financial institution" definition,
  S. B. 490, Authorizing Mercer County Commission appoint emergency operations center board,
  S. B. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities,
  S. B. 503, Defining "sound financial condition",
  Com. Sub. for S. B. 532, Creating WV SAFE Mortgage Licensing Act,
  S. B. 595, Relating to assignment of child support obligations,
  S. B. 632, Requiring insurers share certain information with Bureau for Medical Services,
  S. B. 669, Extending Preventative Care Pilot Program,
  Com. Sub. for S. B. 672, Creating Mental Health Stabilization Act of 2009,
  S. B. 764, Providing race election results certification procedure,
  And,
  S. B. 770, Relating to Regional Jail and Correctional Facility Authority Fund excess funds.
  At 11:58 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 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. 680, Establishing 2010 calendar year average motor fuel wholesale price,
  And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
  In accordance with the former direction of the Speaker, the bill (S. B. 680) was referred to the Committee on Finance.
  Chairman Poling, from the Committee on Education, submitted the following report, which was received:
  Your Committee on Education has had under consideration:
  S. B. 66, Relating to school employees' donated personal leave days,
  And,
  S. B. 435, Creating Learn and Earn Cooperative Education Program,
  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 (S. B. 66 and S. B. 435) were each 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:
  Com. Sub. for S. B. 317, Adding DUI penalties,
  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. 317) 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:
  Com. Sub. for S. B. 451, Relating to crime victims' compensation awards,
  And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
  In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 451) 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:
  Com. Sub. for S. B. 382, Adjusting State Rail Authority's contract authority,
  Com. Sub. for S. B. 600, Relating to coal reclamation tax,
  And,
  S. B. 610, Relating to Film Industry Investment Act,
  And reports the same back, with title amendment, with the recommendation that they each do pass, as amended.
  Chairman White, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration:
  S. B. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended.
  Chairman White, from the Committee on Finance, submitted the following report, which was received:
  Your Committee on Finance has had under consideration:
  Com. Sub. for S. B. 244, Relating to public employees' reemployment after retirement,
  S. B. 262, Removing prohibition against using county's General Revenue Fund for historic preservation
  And,
  S. B. 338, Creating additional seventeenth judicial circuit court judge,
  And reports the same back with the recommendation that they each do pass.
  Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
  Your Committee on Government Organization has had under consideration:
  S. B. 763, Clarifying Racing Commission's authority over certain thoroughbred race horses' registration,
  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. 763) was referred to the Committee on the Judiciary.
  Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
  Your Committee on Government Organization has had under consideration:
  Com. Sub for S. B. 687, Relating to Comprehensive Behavioral Health Commission,
  And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Messages from the Senate

  A message from the Senate, by
  The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
  Com. Sub. for H. B. 2904, Authorizing rules for higher education.
  A message from the Senate, by
  The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
  Com. Sub. for S. B. 263, Disclosing certain inmates' personal communications.
  A message from the Senate, by
  The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
  Com. Sub. for S. B. 307, Creating maternal Screening Act.
Leaves of Absence

  At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Hutchins.
  At 5:07 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, April 7, 2009.                               

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