Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Calendar | Special Calendar | Journal | Menu |

House Journal


Day 00 (01-14-2009)
Day 01 (02-11-2009)
Day 02 (02-12-2009)
Day 03 (02-13-2009)
Day 06 (02-16-2009)
Day 07 (02-17-2009)
Day 08 (02-18-2009)
Day 09 (02-19-2009)
Day 10 (02-20-2009)
Day 13 (02-23-2009)
Day 14 (02-24-2009)
Day 15 (02-25-2009)
Day 16 (02-26-2009)
Day 17 (02-27-2009)
Day 20 (03-02-2009)
Day 21 (03-03-2009)
Day 22 (03-04-2009)
Day 23 (03-05-2009)
Day 24 (03-06-2009)
Day 27 (03-09-2009)
Day 28 (03-10-2009)
Day 29 (03-11-2009)
Day 31 (03-13-2009)
Day 34 (03-16-2009)
Day 35 (03-17-2009)
Day 36 (03-18-2009)
Day 37 (03-19-2009)
Day 38 (03-20-2009)
Day 41 (03-23-2009)
Day 43 (03-25-2009)
Day 44 (03-26-2009)
Day 45 (03-27-2009)
Day 48 (03-30-2009)
Day 49 (03-31-2009)
Day 50 (04-01-2009)
Day 51 (04-02-2009)
Day 52 (04-03-2009)
Day 55 (04-06-2009)
Day 56 (04-07-2009)
Day 57 (04-08-2009)
Day 58 (04-09-2009)
Day 59 (04-10-2009)
Day 60 (04-11-2009)
Day 105 (05-26-2009)
Day 106 (05-27-2009)
Day 108 (05-29-2009)
Day 109 (05-30-2009)
Day 110 (05-31-2009)
hdj2009-02-11-01


__________*____________




WEDNESDAY, FEBRUARY 11, 2009

FIRST DAY

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


Pursuant to the adjournment taken on January 14, 2009, in accordance with Section 18, Article VI of the Constitution of the State, the House of Delegates assembled in its Chamber in the Capitol Building at 12:00 o'clock meridian this day, with a quorum present, and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, January 14, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title as follows:
H. C. R. 3 - "Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor."
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 3) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Whereupon,
In accordance with the provisions of the resolution, the Speaker appointed as members of the committee to await upon His Excellency, the Governor, the following:
Delegates Moore, D. Poling and Evans.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
On motions for leave, joint resolutions were introduced, read by it their titles and severally referred as follows:
By Delegates Ennis, Hamilton, Romine, Azinger and White:
H. J. R. 1 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article VI thereof, relating to increasing the terms of members of the House of Delegates from two years to four years; and increasing the terms of members of the state Senate from four to six years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
By Delegate Doyle:
H. J. R. 2
- "Proposing an amendment to the Constitution of the State of West Virginia, amending section fourteen, article VII thereof, relating to creating a veto session of the Legislature to consider bills vetoed by the Governor; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
By Delegate Longstreth:
H. J. R. 3 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
By Delegates Blair, J. Miller, Duke, Border, Canterbury, Ellem, Azinger, Evans, Romine, Anderson and Rowan:

H. J. R. 4 - "Proposing an amendment to the Constitution of the State of West Virginia, amending sections one-b and seven, article ten thereof, all relating to taxation; providing for the limiting of the assessed valuation of and the levy rate upon real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state, who is 65 years of age or older or is permanently and totally disabled and who is defined as a low income person; and limiting the amount an annual tax increase on real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
By Delegates Michael, Moye, Boggs, Overington, Armstead, Sumner and Moore:
H. J. R. 5
- "Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-three, relating to the marriage protection amendment; prohibiting the state from recognizing same sex marriages; prohibiting the state from recognizing a legal status for relationships that is similar to marriage; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
And,
By Delegate Carmichael:
H. J. R. 6 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57, relating to dedicating one percent of general revenue to the Division of Natural Resources to be used to fund activities intended to promote and preserve the state's wildlife resources and to fund law-enforcement activities involving the Division of Natural Resources; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegate Cann:
H. B. 2001 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to providing additional state minimum salary for certain teachers"; to the Committee on Education then Finance.
By Delegate Ellem:
H. B. 2002 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to changing the time for periodic valuations and assessments of real and personal property; and providing for a 10% cap on any increase in one year"; to the Committee on the Judiciary then Finance.
By Delegate Marshall:
H. B. 2003
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-15-10c, relating to authorizing paid municipal fire departments to investigate suspicious or illegal fires set or existing in or around public rights-of-way or otherwise within a municipality and to gather evidence at scenes of the suspicious or illegal fires"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Iaquinta:
H. B. 2004 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5S-12, relating to establishing a program for reprogramming cellular telephones and distributing to seniors without cellular phones for emergency calls"; to the Committee on Senior Citizen Issues then Finance.
By Delegate Fragale:
H. B. 2005 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to requiring all schools to post and make available to the public the schedules of teachers and staff; and providing a penalty for not having the schedules available by the second week of the school year"; to the Committee on Education then the Judiciary.
By Delegate Talbott:
H. B. 2006
- "A Bill to amend and reenact §17D-2A-4 of the Code of West Virginia, 1931, as amended, relating to affixing the certificate of insurance to motor vehicle windshields; criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Spencer:
H. B. 2007 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the modification of the state personal income tax by allowing for a reduction in the federal adjusted income for motor fuel expenses incurred in commuting to and from one's occupation at the rate provided at the federal income tax level by the federal Internal Revenue Service"; to the Committee on Finance.
By Delegate Rowan:
H. B. 2008 - "A Bill to amend and reenact §61-2-1 of the Code of West Virginia, 1931, as amended, relating to defining 'the deceased' for purposes of prescribing that a deceased victim includes an unborn child under first and second degree murder"; to the Committee on the Judiciary.
By Delegate Cann:
H. B. 2009 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13H-1 and §11-13H-2, all relating to providing a business and occupation tax credit to electric power generators for use of coal mined in West Virginia by 'small mining operations'"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Williams:
H. B. 2011 - "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing that correctional officers may retire with full benefits after 20 years of actual and honorable service"; to the Committee on Pensions and Retirement then Finance.
By Delegate Cann:
H. B. 2012 - "A Bill to amend and reenact §11-3-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting increases in the assessed value of real property located in counties where a maximum excess levy is in effect, the property has not changed in tax classification, and the increased value is more than two percent over the assessed value of the same property for the previous year"; to the Committee on the Judiciary then Finance.
By Delegate Romine:
H. B. 2013 - "A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increased salary increments paid to principals and assistant principals"; to the Committee on Education then Finance.
By Delegate Campbell:
H. B. 2014 - "A Bill to amend and reenact §11-13A-2 and §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-27-38, all relating to eliminating the severance tax and the health care provider tax on behavior health providers"; to the Committee on Finance.
By Delegate Hatfield:
H. B. 2015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to creating the criminal offense of injury to a pregnant woman that results in miscarriage or stillbirth; specifying penalties for such offense; providing for escalating levels of punishment that are proportionate to the degree of violence involved and for when the offense involves criminal acts of domestic violence; defining terms; providing an exception; and providing that certain additional prosecutions and convictions are not barred"; to the Committee on the Judiciary.
By Delegate Sumner:
H. B. 2016 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; providing for removal and election of commissioners; and setting terms of office for elected commissioners"; to the Committee on Government Organization then the Judiciary.
By Delegate Campbell:
H. B. 2017 - "A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to authorizing and encouraging county boards of education to share services of central office administrative personnel and to obtain these services from regional education service agencies"; to the Committee on Education.
By Delegate Schadler:
H. B. 2018 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to making the destruction of a landlord's property which has been rented for residential purposes a criminal offense; providing that damage greater than $300.00 but less than $1,000.00 constitutes a misdemeanor; providing that damage greater than $1,000.00 constitutes a felony; providing that tenants who leave trash when vacating a premises may be guilty of a misdemeanor if it costs more than $100.00 to remove it; providing that damage deposits be used to offset ascertainment of value of damage; providing for the determination of prima facie evidence under certain circumstances; providing that tenants or others in privity of contract with landlords or lessors have a duty to report damage not caused by themselves; and providing a criminal penalty for failure to report the damage under certain circumstances"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Azinger:
H. B. 2019 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-17a, relating to prohibiting employees at restaurants from handling drinking vessels by touching on or near the vessel's brim"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Paxton:
H. B. 2020 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-28-3 of said code, all relating to exempting children receiving an exemption from compulsory school attendance in favor of church school from the standardized testing requirement"; to the Committee on Education.
By Delegate Caputo:
H. B. 2021 - "A Bill to amend and reenact §33-2-21 of the Code of West Virginia, 1931, as amended, relating to giving the Insurance Commissioner the power to regulate and penalize self-insured employers"; to the Committee on Banking and Insurance then Government Organization.
By Delegate Talbott:
H. B. 2022 - "A Bill to amend and reenact §49-5D-2 of the Code of West Virginia, 1931, as amended, relating to the investigation and prosecution of cases involving child abuse and neglect generally; authorizing temporary protective custody for children in order to safely conduct child advocacy center interviews"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 2023 - "A Bill to amend and reenact §15-2B-6 of the Code of West Virginia, 1931, as amended, relating to providing all persons convicted of a felony are subject to DNA testing"; to the Committee on the Judiciary.
By Delegate Ennis:
H. B. 2024 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-3-9a, relating to reducing staff development programs for school personnel from 18 hours to 12 hours; and requiring that the six hour reduction in staff development be used as an additional preparation day"; to the Committee on Education.
By Delegate Guthrie:
H. B. 2025 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-36a, relating to bicycle and pedestrian ways being given full consideration in the planning and development of state roads"; to the Committee on Roads and Transportation then Finance.
By Delegate Ennis:
H. B. 2026 - "A Bill to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-19b, relating to the elimination of penalties associated with the underpayment of personal income taxes owed by residential individuals"; to the Committee on Finance.
By Delegates Rodighiero, Reynolds and Eldridge:
H. B. 2027 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to rules by the Secretary of Public Health, in particular the regulations for opioid treatment facilities"; to the Committee on Health and Human Resources.
By Delegate Duke:
H. B. 2028 - "A Bill to amend and reenact §33-42-3 of the Code of West Virginia, 1931, as amended, relating to providing that when any body part of an unborn child is outside the mother's womb, the child is born, and is considered a citizen of the state with same rights and privileges under the law as any other citizen"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Schadler:
H. B. 2029 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to ensuring that medical workers have the right to refuse to participate in any abortion-related activity without fear of disciplinary action or dismissal; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Azinger:
H. B. 2030 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a three percent cap on any increase in one year for periodic valuations and assessments of real property that is the primary residence of an individual"; to the Committee on the Judiciary then Finance.
By Delegate Evans:
H. B. 2031 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-3-24a, relating to the permitting of a firework display on public school property provided the State Superintendent of Schools and the State Fire Marshal approve the display"; to the Committee on Education.
By Delegate Evans:
H. B. 2032 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of an exempted vehicle on highways between sunrise and sunset"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Blair:
H. B. 2033 - "A Bill to amend and reenact §48-2-104 of the Code of West Virginia, 1931, as amended, relating to including a parenting plan with an application for a marriage license"; to the Committee on the Judiciary.
By Delegate Rodighiero:
H. B. 2034 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-5a, relating to the elimination of mercury in vaccines"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Evans:
H. B. 2035 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring a woman, prior to an abortion, to have a pregnancy test administered at the facility where the abortion is to be performed; providing that the pregnancy test results must be confirmed prior to the abortion; and providing for the revocation of the license of a physician for violations"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Michael:
H. B. 2036 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to West Virginia personal income tax; creating an exemption for social security benefits"; to the Committee on Senior Citizen Issues then Finance.
By Delegate Blair:
H. B. 2037 - "A Bill to amend and reenact §18C-7-3 and §18C-7-6 of the Code of West Virginia, 1931, as amended, all relating to requirements for PROMISE scholarships; permitting a West Virginia student to receive a certain percent of the cost of tuition at an out-of-state college or university under a PROMISE scholarship where the course desired by the student is not offered by any institution in the state; requiring applicants and recipients to perform community services; and monitoring and approval of community service"; to the Committee on Education then Finance.
By Delegate Boggs:
H. B. 2038 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-1A-101, §48-1A-201, §48-1A-301, §48-1A-401, §48-1A-501, §48-1A-601, §48-1A-701, §48-1A-801, §48-1A-901 and §48-1A-1001, all relating to the uniform premarital agreement act; defining terms; setting forth requirements and content of agreement; providing for the effect, amendment, revocation and enforcement of such agreements; establishing statute of limitations, application and construction of article; and setting forth short title"; to the Committee on the Judiciary.
By Delegate Duke:
H. B. 2039 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6, §49-6F-7, §49-6F-8, §49-6F-9 and §49-6F-10, all relating to establishing the Consent to Health Care of Minors Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; penalty for false statement; and rule-making authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Shook:
H. B. 2040 - "A Bill to amend and reenact §62-1C-12 of the Code of West Virginia, 1931, as amended, relating to provide that a recognizance secured by execution of a bail bond is void upon the finding that the accused person is guilty; and terminating bond liability"; to the Committee on the Judiciary.
By Delegate Shook:
H. B. 2041 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the retirement benefits of certain annuitants under the State Teachers Retirement System from state income tax"; to the Committee on Pensions and Retirement then Finance.
By Delegate Blair:
H. B. 2042 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated as §11-23-29; and to amend said code by adding thereto a new section, designated §11-24-44, all relating to taxation; a credit for ad valorem tax paid on manufacturing inventory, and other tangible personal property which will reduce either or both the amount of business franchise tax or corporate net income tax owed, effective July 1, 2009"; to the Committee on Finance.
Delegates Shook and Overington:
H. B. 2043
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6A-1b, relating to notification of cancellation or nonrenewal of an insured's automobile liability insurance contract or policy; confiscation of license plates"; Roads and Transportation then Banking and Insurance then the Judiciary.
By Delegates Cann, Fragale, Iaquinta and Miley:
H. B. 2044 - "A Bill to amend and reenact §18C-7-3 of the Code of West Virginia, 1931, as amended, relating to including Salem International University as an eligible institution and modifying provisions regarding the higher education institutions that are eligible to continue to receive PROMISE scholarship funds"; to the Committee on Education then Finance.
By Delegates Perry and Schadler:
H. B. 2045 - "A Bill to amend and reenact §9-5-18 of the Code of West Virginia, 1931, as amended, relating to funeral expenses for indigent persons; and authorizing cremation"; to the Committee on Finance.
By Delegates Manchin and Caputo:
H. B. 2046 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-3-20, relating to execution of judgments"; to the Committee on the Judiciary.
By Delegates Longstreth, Caputo and Martin:
H. B. 2047 - "A Bill to amend and reenact §48-27-307 of the Code of West Virginia, 1931, as amended, relating to domestic violence generally and providing that alleged victims may have a person of their choice to accompany them when being interviewed by law-enforcement personnel or the prosecuting attorney"; to the Committee on the Judiciary.
By Delegates Hamilton, Duke and Sumner:
H. B. 2048 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating to providing for the continuance of medical coverage for the spouse of a deceased retired employee for any period previously purchased with accumulated leave"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo and Longstreth:
H. B. 2049 - "A Bill to amend and reenact §16-5E-2 and §16-5E-6 of the Code of West Virginia, 1931, as amended, all relating to providing that a legally unlicensed personal care home may house up to four unrelated residents if there is at least one full-time employee working at the home"; to the Committee Senior Citizen Issues then Health and Human Resources.
By Delegates Craig and Morgan:
H. B. 2050 - "A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members"; to the Committee on Government Organization.
By Delegates Williams, Perry and Argento:
H. B. 2051 - "A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing a $2,008.00 salary increase for each employee of the Division of Corrections"; to the Committee on Government Organization then Finance.
By Delegates Fragale, Miley and Iaquinta:
H. B. 2052 - "A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to public office and prohibiting a person convicted of any felony from holding any public office"; to the Committee on the Judiciary.
By Delegates Hatfield and Doyle:
H. B. 2053 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-31, relating to prohibiting pharmacists and other persons involved in dispensing medicines from refusing to fill prescriptions; creating exceptions; providing for complaints to be filed with the Board of Pharmacy; providing for an administrative fine; and providing for a civil cause of action"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Iaquinta, Argento, Barker, Fragale and Azinger:
H. B. 2054 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16C-9a, relating to providing unused, unexpired nonnarcotic drugs to free health care clinics in the state from deceased nursing home patients or residents with the consent of the family of the decedent"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Hatfield, Martin and Caputo:
H. B. 2055 - "A Bill to amend and reenact §16-5C-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16-5C-5a and §16-5C-5b, all relating to nursing homes; defining certain terms; requiring the posting of staffing data; and providing for the right of family members to form family councils at nursing homes"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates D. Poling, Marshall, Argento, Klempa and Caputo:
H. B. 2056 - "A Bill to amend and reenact §12-3-5 of the Code of West Virginia, 1931, as amended, relating to providing that the Auditor may set standards for archiving electronic and paper documents related to requisitions"; to the Committee on Government Organization then the Judiciary.
By Delegates Hamilton and Romine:
H. B. 2057 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to the Department of Health and Human Resources; requiring the department to enforce specific abortion clinic regulations; and prescribing criminal penalties for violations of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ireland and Romine:
H. B. 2058 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to providing that neither the state nor any county may reimburse any person or entity for transporting any person to schedule, arrange or procure an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fragale, Iaquinta, Miley and Cann:
H. B. 2059 - "A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to prohibiting certain sex offenders from loitering within 1,000 feet of a school or child care facility, school bus stop, or other child safety zone"; to the Committee on the Judiciary.
By Delegates Rodighiero, Eldridge and Reynolds:
H. B. 2060 - "A Bill to amend and reenact §50-1-8 of the Code of West Virginia, 1931, as amended, relating to requiring magistrate courts to maintain records relating to successful collection rates and making reports available to claimants and general public"; to the Committee on the Judiciary.
By Delegates Hatfield and Wells:
H. B. 2061 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-24, relating to prohibiting an owner or manager of an elephant from engaging in abusive behavior towards the elephant; providing criminal penalties"; to the Committee on Agriculture then the Judiciary.
By Delegates Blair, Overington and J. Miller:
H. B. 2062 - "A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931, as amended, relating to permitting the owners of newly constructed homes a grace period of 10 years, unless the home is sold, before a connection to a newly installed sewer line is mandatory"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Andes and Fleischauer:
H. B. 2063 - "A Bill to amend and reenact §24-3-2 of the Code of West Virginia, 1931, as amended, relating to water utility rates"; to the Committee on the Judiciary then Finance.
By Delegates Iaquinta, Longstreth, Caputo and Swartzmiller:
H. B. 2064
- "A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to designating December, 7 'Pearl Harbor Day', as a legal state holiday"; to the
Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Caputo, Manchin and Longstreth:
H. B. 2065 - "A Bill to amend and reenact §16-5-21 of the Code of West Virginia, 1931, as amended, relating to providing for the issuance of a Certificate of Birth Resulting in Stillbirth by the State Registrar to parents of a stillborn who request the record to be prepared"; to the Committee on Health and Human Resources then Finance.
By Delegates Iaquinta, Martin, Miley, Talbott, Barker and Wells:
H. B. 2066 - "A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-10-6a of said code, all relating to prohibiting fractional pricing in the retail sale of gasoline and defining such pricing as an unfair or deceptive practice"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Walters and Azinger:
H. B. 2067 - "A Bill to amend and reenact §18-30-2 and §18-30-9 of the Code of West Virginia, 1931, as amended, all relating to allowing a tax deduction for all prepaid tuition contracts or college savings plan regardless of whether they are administered by the board of the college prepaid tuition and savings program"; to the Committee on Education then Finance.
By Delegates Evans, Romine, Azinger and Rowan:
H. B. 2068 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to excluding interest income on obligations of the United States and its possessions, to the extent such interest is inclusive in gross income for federal income tax purposes, when applying the $8,000.00 income exclusion available to persons age 65 or older and to persons who are permanently and totally disabled; and making the change retroactive to tax years beginning after December 31, 2000"; to the Committee on Finance.
By Delegates Iaquinta, Anderson, M. Poling, Crosier, Fragale, Miley and Duke:
H. B. 2069 - "A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended, relating to increasing the faculty senate allotment for classroom teachers and librarians from $50 to $100, to be spent on academic materials, supplies or equipment to enhance instruction"; to the Committee on Education then Finance.
By Delegate Walters:
H. B. 2070 - "A Bill to amend and reenact §23-5-1 of the Code of West Virginia, 1931, as amended, relating to improving claimants' access to worker's compensation adjusters by requiring that all worker's compensation adjusters employed by a private insurance carrier shall be located within the geographic borders of West Virginia"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 2071 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-31g, relating to automobile insurance policies; and prohibiting discrimination in rates on the basis of claims filed in which the insured is determined not to be at fault"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Azinger:
H. B. 2072 - "A Bill to amend and reenact §33-13A-2 of the Code of West Virginia, 1931, as amended, relating to variable premium adjustable life insurance policies with either fixed accounts or variable accounts; requiring issuance of annual statements including information related to the length of time a policy will remain in force, with or without the payment of premiums, under specific circumstances related to certain rates of return from any existing principal amount accumulated for investment purposes under the policy"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Border:
H. B. 2073 - "A Bill to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as amended, relating to requiring that abortion providers notify the parents of a minor seeking an abortion forty-eight hours before performing the procedure"; to the Committee on the Judiciary.
By Delegate Brown:
H. B. 2074 - "A Bill to amend and reenact §39-2-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-2-12 of said code, all relating to requiring all records to be preserved indefinitely; and removing the statute of limitations on certain personal actions"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2075 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting family court judges from the licensure requirements for carrying concealed deadly weapons"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2076 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-15-9, relating to making it unlawful to offer for sale or sell products created, wholly or in part, by jail inmates and providing criminal penalty"; to the Committee on the Judiciary.
By Delegate Schoen:
H. B. 2077 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding a magistrate to those serving Putnam County"; to the Committee on the Judiciary then Finance.
By Delegate Williams:
H. B. 2078 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to notifying persons from out-of-state who issue worthless checks in this state and who, after being duly served with a summons upon a misdemeanor complaint, fail to pay the check and applicable fine or fail to appear in court, that a notice of their failure will be sent to the Division of Motor Vehicles to be dealt with according to existing law"; to the Committee on the Judiciary.
By Delegate Williams:
H. B. 2079 - "A Bill to amend and reenact §61-3-39g of the Code of West Virginia, 1931, as amended, relating to providing that when a person from another state writes a worthless check in this state which results in a summons to appear in magistrate court but then fails to appear shall have his or her privilege to drive in this state revoked; and providing that the Division of Motor Vehicles provide a copy of the revocation to the state wherein the person holds a driver's license"; to the Committee on the Judiciary then Finance.
By Delegate Caputo:
H. B. 2080 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-23, relating to providing a ten percent discount to West Virginia residents for lodging, camping and other recreational activities at state parks and forests"; to the Committee on Natural Resources then Finance.
By Delegate Caputo:
H. B. 2081 - "A Bill to amend and reenact §22A-2-16 of the Code of West Virginia, 1931, as amended, relating to requiring the superintendent or owner-operator of the mine to sign the fire boss record book each day along with the mine foreman"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Michael:
H. B. 2082 - "A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended, relating to providing criminal penalties for shooting and wounding or killing a human being by a person hunting, pursuing, taking or killing wild animals or wild birds while under the influence of alcohol, controlled substances or drugs; and permitting court-ordered restitution"; to the
Committee on Natural Resources then the Judiciary.
By Delegate Hatfield:
H. B. 2083 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-8A-1, §3-8A-2, §3-8A-3, §3-8A-4 and §3-8A-5, all relating to disclosure requirements for political campaign advertisements; and providing criminal and civil penalties"; to the Committee on the Judiciary.
By Delegate Walters:
H. B. 2084 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3, §11-13Z-4 and §11-13Z-5, all relating to the 'Small Business Development Incentive Program for Internal Growth Act'; providing a short title; declaring legislative findings; providing definitions of certain terms; providing exemptions from certain business-related taxes required by the state; and requiring the Commissioner of the Department of Revenue to propose legislative rules to implement the purposes and provisions of the article"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Walters:
H. B. 2085 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to providing that county boards of education may, in cooperation with local public or regional transit authorities study the feasibility of entering into cooperative agreements to transport students to and from school; and setting certain requirements for the proposed cooperative agreements"; to the Committee on Education then Finance.
By Delegate Walters:
H. B. 2086
- "A Bill to amend and reenact §11-21-1 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto two new sections, designated §11-21-4g and §11-21-4h, all relating to legislative findings; providing for a five percent tax reduction to all personal income tax rates"; to the Committee on Finance.
By Delegates Ennis, Williams, Swartzmiller, Cann, Michael, Beach and Kominar:
H. B. 2087
- "A Bill to amend and reenact §7-14D-2 of the Code of West Virginia, 1931, as amended, relating to changing the definition of final average salary to 36 consecutive months rather than five consecutive years for calculating retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegates Craig, Stephens and Reynolds:
H. B. 2088
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-1-1a, relating to the temporary detention of criminal suspects by law-enforcement officers to inquire on commission of a crime where probable cause appears to exist"; to the Committee on the Judiciary.
By Delegates Rodighiero, Eldridge and Stephens:
H. B. 2089 - "A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to allowing public employees with 15 or more years' service who were subject to reduction in force layoffs to pay back retirement benefits they cashed out of the Public Employees Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Duke, Doyle, Overington, Tabb, J. Miller and Blair:
H. B. 2090
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to providing a housing supplement for members of the State Police"; to the Committee on Finance.
By Delegates Perdue, Hatfield, Boggs, Campbell, Fleischauer and Border:

H. B. 2091
- "A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9-4-3 of said code, all relating to requiring public notice of state plan amendments prior to submission for federal approval and increasing the membership of the Medicaid Advisory Board"; to the Committee on Government Organization then the Judiciary.
By Delegates Rodighiero, Eldridge, Stephens, Miley, Fleischauer, Longstreth, Boggs and Martin:

H. B. 2092 - "A Bill to amend and reenact §33-6B-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-20-3 and §33-20-5 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the number of inquiries reflected in a credit report, credit score report or CLUE report from adversely affecting an application for insurance; to limiting the use of a credit score to banking institution credit scoring for casualty insurance rate filings; and prohibiting reliance on information which is false or potentially false; limiting the use of a credit score in casualty insurance rate filings"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Paxton:
H. B. 2093
- "A Bill to amend and reenact §18-2E-8b of the Code of West Virginia, 1931, as amended, relating to providing a framework to avoid imposition of policies and practices on the public schools that distract from a thorough and efficient education; making findings and expressing legislative intent; requiring fiscal notes on policies, rules and programs affecting public schools and outlining applicable costs; providing alternative conditions under which policies, rules and programs may be adopted and the consequences of such; and providing for an audit of capacity to implement certain past policies, rules and programs; and requiring the issuance of a report of recommendations"; to the Committee on Education then Finance.
By Delegate Porter:
H. B. 2094
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-13, relating to prohibiting employees of higher education from assisting students in securing abortions; and providing criminal penalty for violations"; to the Committee on the Judiciary.
By Delegates Longstreth, Marshall, Perry and Stephens:
H. B. 2095 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-8A-1, §18B-8A-2, §18B-8A-3, §18B-8A-4 and §18B-8A-5, all relating to establishing the 'Faculty Excellence Act'; setting legislative goals for full-time and part-time faculty at state colleges and universities with specific ratios to be met by 2014; providing that each institution of higher education establish a 'Faculty Restoration and Equity Fund' for legislative appropriations aimed at providing the resources necessary to accomplish the goals of the act"; to the Committee on Education then Finance.
By Delegate Craig:
H. B. 2096 - "A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required courses of instruction in the public schools by including the subject of physics as a required course for graduation"; to the Committee on Education.
By Delegate Walters:
H. B. 2097 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the allowance of mortgage or deed of trust interest paid on a personal residence as a deduction for personal income tax purposes"; to the Committee on Finance.
By Delegates Hamilton, Klempa, Shaver, M. Poling and Tabb:
H. B. 2098 - "A Bill to amend and reenact §22-6-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-7-3 of said code, all relating to prohibiting oil and gas operators from daylighting; defining daylighting; promulgation of rules; exceptions; and providing increased compensation for surface owners under certain circumstances"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Iaquinta, Stephens, Hartman and Crosier:
H. B. 2099 - "A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to wrecker services; and exempting wrecker services from regulation by the Public Service Commission"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Perdue and Sobonya:
H. B. 2100 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §27-1B-1, §27-1B-2, §27-1B-3, §27-1B-4, §27-1B-5 and §27-1B-6, all relating to treatment for drug and alcohol addiction; setting forth certain legislative findings; providing a procedure for extended involuntary treatment programs; setting forth certain rights of persons subject to involuntary treatment; requiring certain findings; limiting persons who may petition for involuntary commitment; requiring guaranteed payment; providing for a court hearing; and requiring certain reports to be filed with the Governor and the Legislature"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Cann, Kominar, Reynolds, Craig, Anderson, Evans and Doyle:
H. B. 2101 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to personal income tax; and enacting the College Graduate Tax Credit"; to the Committee on Education then Finance.
By Delegates Williams, Doyle, Tabb and Ashley:
H. B. 2102 - "A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income to 250% or less of the federal poverty guideline from 150% or less of the federal poverty guideline for a senior citizens' homestead tax credit"; to the Committee on Senior Citizen Issues then Finance.
By Delegate Staggers:
H. B. 2103
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22A-7A-1, §22A-7A-2, §22A-7A-3, §22A-7A-4, §22A-7A-5, §22A-7A-6, §22A-7A-7, §22A-7A-8 and §22A-7A-9, all relating to drug and alcohol free mines; providing credit for Workers Compensation premiums to mines that have a drug and alcohol free program; requiring proof of drug and alcohol free status for miner certification; providing an approved testing system; denial of certification; secondary testing; confidentiality of test results; providing certain legislative findings; requiring proof of alcohol and drug free status of certain miners; and including additional drug and alcohol abuse training for certain miners; mine inspectors drug and alcohol training; establishment of statewide database of miners failing to provide proof of drug and alcohol free status; making certain actions by persons listed on the database or failing a drug and alcohol test a second time a misdemeanor offense and providing criminal penalties; and making deliberate evasion of the database by a coal operator a misdemeanor and providing a criminal penalty"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Rodighiero, Reynolds, Stephens and Eldridge:
H. B. 2104 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-10 of said code, all relating to providing benefits for those who have served in the military service; providing service credits for purposes of public employment retirement for service in any branch of the military including the West Virginia National Guard and Reserve; and awarding additional testing credit points in civil service examinations for members of the National Guard and Reserve who are applying for state employment"; to the Committee on Veterans' Affairs and Homeland Security then Pensions and Retirement then Finance.
By Delegate Hutchins:
H. B. 2105 - "A Bill to amend and reenact §5-10-17 of the Code of West Virginia, 1931, as amended, relating to prohibiting legislators from enrolling in the state retirement system; and, providing legislators may elect to direct contributions deducted for retirement pensions into self-directed 401K pension plans"; to the Committee on Pensions and Retirement then Finance.
By Delegates Ireland, Hamilton, Romine and C. Miller:
H. B. 2106
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia"; to the Committee on the Judiciary.
By Delegate Azinger:
H. B. 2107 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-105a, relating to providing a method in which males may contest allegations or presumptions of biological parentage under certain circumstances"; to the Committee on the Judiciary.
By Delegates Sumner, Duke, Sobonya and Schoen:
H. B. 2108 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-13-1, relating to prohibiting the naming for certain persons of a publicly funded building, road, structure or project which receives any operating or construction moneys from state sources or state taxpayers; and assessing personal liability for violations"; to the Committee on Government Organization then the Judiciary.
By Delegates Longstreth, Hamilton, D. Poling, Eldridge, Martin, Barker, Reynolds and Rodighiero:

H. B. 2109
- "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to increasing the West Virginia retirement income exemption from taxation on persons age 65 years of age or older or surviving spouse of such persons from $8,000.00 to $15,000.00 a year"; to the Committee on Senior Citizen Issues then Pensions and Retirement then Finance.
By Delegates J. Miller, Iaquinta and Ireland:
H. B. 2110 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating a special registration plate for the American Veteran's Organization (AMVETS)"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Rodighiero, Eldridge and Reynolds:
H. B. 2111 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16B-6e, relating to qualifying children of state employees, receiving income of $25,000.00 per year or less, for the West Virginia Children's Health Insurance Program"; to the Committee on Health and Human Resources then Finance.
By Delegate J. Miller:
H. B. 2112 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-27-5a, relating to the creation of an apprenticeship program for barbers and cosmetologists; directing the Board of Barbers and Cosmetologists to propose rules for such program"; to the Committee on Government Organization.
By Delegates Rodighiero and Eldridge:
H. B. 2113
- "A Bill to amend and reenact §21-5C-3 of the Code of West Virginia, 1931, as amended, relating to minimum wage and maximum hours standards for employers"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Ellem:
H. B. 2114 - "A Bill to amend and reenact §48-14-407 of the Code of West Virginia, 1931, as amended, relating to child support source of income; and providing penalty for employers failing to withhold"; to the Committee on the Judiciary.
By Delegate Ellem:
H. B. 2115 - "A Bill to amend and reenact §62-1C-17c of the Code of West Virginia, 1931, as amended, relating to conditions of bond for defendants in cases of crimes between family or household members generally; and setting forth certain specific statutory conditions in lieu of allowing the issuing authority to set conditions of bail"; to the Committee on the Judiciary.
By Delegate Fragale:
H. B. 2116 - "A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to retirement annuity of public employees and retirees; increasing the multiplier and removing the provision which permits an increase in annuity payments for retired Legislators relative to legislative salary increases"; to the Committee on Pensions and Retirement then Finance. By Delegate Martin:
H. B. 2117 - "A Bill to amend and reenact §29-22B-1408 of the Code of West Virginia, 1931, as amended, relating to reallocating the proceeds from limited video lottery by increasing the percentages payable to counties, municipalities and retailers"; to the Committee on the Judiciary then Finance.
By Delegate Caputo:
H. B. 2118 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to requiring the State Board of Education to promulgate rules implementing a tornado safety awareness plan in public schools"; to the Committee on Education.
By Delegate Spencer:
H. B. 2119 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to changing the compulsory school attendance for children in the state from sixteen to eighteen years of age"; to the Committee on Education then the Judiciary.
By Delegate Hamilton:
H. B. 2120 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-19-13a, relating to prohibiting charitable organizations from soliciting contributions on public highways; and prescribing criminal penalties for violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Caputo:
H. B. 2121 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-15b, relating to armed assault or conspiracy to commit armed assault upon school property, or against school personnel or students while on school property; definitions; penalties"; to the Committee on Education then the Judiciary.
By Delegate Schadler:
H. B. 2122 - "A Bill to amend and reenact §8-12-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-7-12 of said code, all relating to allowing municipalities to regulate by ordinance the hours of sale and dispensing of nonintoxicating beer, wine and alcoholic liquors by holders of a license to operate a private club; and providing that these ordinances do not allow sales during periods of time prohibited by rules of the Alcohol Beverage Control Commissioner"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Marshall:
H. B. 2123 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-16a, relating to assigning benefits directly to providers based on the patient's assignment of benefit form"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Iaquinta:
H. B. 2124 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6G-6, relating to providing a criminal penalty for transmitting bulk electronic mail messages which are unsolicited"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Caputo:
H. B. 2125 - "A Bill to amend and reenact §22A-2-37 of the Code of West Virginia, 1931, as amended, relating to providing that personnel carriers or trip cars used to transport miners to a working section must be maintained at the working section and must have sufficient capacity to transport all miners out of the working section in the event of an emergency"; to the Committee on the Judiciary.
By Delegates Fragale, Iaquinta, Eldridge and Miley:
H. B. 2126 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-9a, relating to requiring that the State School Board ensure that no class size for grades seven through twelve in public schools shall be greater than 25 students to every one teacher"; to the Committee on Education then Finance.
By Delegate Kominar:
H. B. 2127 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-21, relating to providing for a pilot project intended to divert low-income residents from early institutionalization in nursing homes by providing personal home care in their communities"; to the Committee on Senior Citizen Issues then Health and Human Resources then Finance.
By Delegate Azinger:
H. B. 2128 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-6-14a, relating to the requirements for designated handicapped accessible rooms in motels and hotels; requiring tubs and showers in every hotel or motel room that has been designated or held out to be handicapped accessible to include grab bars on all walls of the tub or shower, consistent with applicable design standards of the Americans with Disabilities Act of 1990"; to the Committee on the Judiciary.
By Delegates Martin, Argento and Rowan:
H. B. 2129 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10d, relating to requiring bids under state contracts to specify the location of the work to be performed; and authorization to terminate contract"; to the Committee on Government Organization.
By Delegate Blair:
H. B. 2130 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-29-11, relating to prohibiting law-enforcement officers from asking crime victims if they have insurance coverage to cover losses occasioned by the criminal activity being investigated; and, excluding the provisions of the section in the event reasonable suspicion exists that a crime has been staged or falsely reported"; to the Committee on the Judiciary.
By Delegate Blair:
H. B. 2131 - "A Bill to amend and reenact §18C-7-3 and §18C-7-6 of the Code of West Virginia, 1931, as amended, all relating to permitting a West Virginia student to receive fifty percent of the cost of tuition at an out-of-state college or university under a PROMISE scholarship where the course desired by the student is not offered by any institution in the state"; to the Committee Education then Finance.
By Delegate Blair:
H. B. 2132 - "A Bill to amend and reenact §18A-4-8g of the Code of West Virginia, 1931, as amended, relating to allowing bus operators for county school systems to carry-over years of experience operating buses for purposes of determining seniority"; to the Committee on Education then Finance.
By Delegate Talbott:
H. B. 2133 - "A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for discarding trash on land and in streams; and making certain minimum fines mandatory and community service mandatory"; to the Committee on Natural Resources then the Judiciary.
By Delegate Iaquinta:
H. B. 2134 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-11B-1, §17C-11B-2, §17C-11B-3, §17C-11B-4, §17C-11B-5 and §17C-11B-6, all relating to requiring the use of helmets by skateboarders"; to the Committee on the Judiciary.
By Delegate Blair:
H. B. 2135 - "A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17D-2A-6 of said code, all relating to providing for reexamination of drivers holding valid drivers licenses who are observed by police officers violating traffic laws, or who appear to have caused motor vehicle accidents as the result of negligence or inadequate driving skill; requiring accident reports to include a check-off square indicating the need for reexamination; providing a procedure for notifying the Division of Motor Vehicles of a police officer's opinion that a motorist should be reexamined; and, providing due process protections for motorists identified by police officers as needing reexamination"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Michael:
H. B. 2136 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-19a, relating to providing limited immunity from civil damages for persons who volunteer their services to public health departments; and providing that the limitation of liability does not apply to intentional tortious conduct or acts or omissions constituting gross negligence"; to the Committee on the Judiciary.
By Delegate Talbott:
H. B. 2137 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §47-11A-5a, relating to prohibiting out-of-state persons or business entities from soliciting business by written advertisement in this state by appearing to be a local or in-state person or business, unless the advertisement shows where the person or business entity is located"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Ennis and Perry:
H. B. 2138 - "A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended, relating to the creation of an affirmative defense for certain civil and criminal actions arising from the sale of alcoholic liquors, wine and nonintoxicating beer by licensed private clubs to persons less than the age of 21 whose age is verified by use of scanner technology"; to the Committee on the Judiciary.
By Delegates Blair, Duke, Overington, Tabb and Doyle:
H. B. 2139 - "A Bill to amend and reenact §22-15A-3 of the Code of West Virginia, 1931, as amended, relating to establishing a volunteer litter reporting program"; to the Committee on Natural Resources then the Judiciary.
By Delegates Shaver, Varner, Swartzmiller and Beach:
H. B. 2140 - "A Bill to amend and reenact §48-5-510 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-7-101; and to amend and reenact §48-8-103 and §48-8-105, all relating to excluding disability income received by a veteran from the United States Department of Veterans' Affairs for service related injuries from any calculation used to determine spousal support"; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Romine, Ellem and Schadler:
H. B. 2141 - "A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, related to the issuance of driver's licenses"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Campbell:
H. B. 2142 - "A Bill to amend and reenact §8-22-20a of the Code of West Virginia, 1931, as amended, relating to municipal policemen and firemen pension and relief funds; and providing that where the state actuary has examined a Municipal Pension and Relief Fund for a particular year that fund may opt to use that actuarial valuation in place of any other actuarial valuation mandated by state law"; to the Committee on Pensions and Retirement then Finance.
By Delegates Shaver and Williams:
H. B. 2143 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to the dedication of a portion of the receipts from the food tax to the Commissioner of Highways to be distributed equally to each district of the Division of Highways for the maintenance of secondary roads"; to the Committee on Roads and Transportation then Finance.
By Delegates Varner, Fragale, Pethtel, Ennis, Hartman, Eldridge, Swartzmiller, Kominar and Shaver:

H. B. 2144 - "A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to providing for administration and training expenses from Fire Protection Fund revenue to the West Virginia State Fire Chiefs' Association and the West Virginia State Fireman's Association; eligibility and requirements for receipt of funds; and exempting both associations from eligibility and spending requirements provided for volunteer and part-volunteer fire company or department"; to the Committee on Finance.
By Delegates Rodighiero, Eldridge and Reynolds:
H. B. 2145 - "A Bill to amend and reenact §20-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing criminal penalties for the illegal killing, taking, or possessing of certain wild life"; to the Committee on Natural Resources then the Judiciary.
By Delegate Azinger:
H. B. 2146 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-18, relating to requiring abortion facilities to have certain written policies and procedures"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Duke, J. Miller, Romine, Ireland and Blair:
H. B. 2147 - "A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to reforming the school aid formula by reducing from 98% by an amount equal to 50% of growth in each county's local share as compared to five years' earlier amount of the regular levy deducted from county boards of education for general current expense purposes"; to the Committee on Education then Finance.
By Delegates Reynolds, Stephens, Boggs, Rodighiero, Perdue, Craig and Walters:
H. B. 2148 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-12a, relating to providing a corporate tax credit for qualified health insurance policies provided by corporate employers to employees"; to the Committee on Banking and Insurance then Finance.
By Delegate Williams:
H. B. 2149 - "A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Motor Vehicles to notify the West Virginia State Police when a registered sex offender purchases, trades or registers a motor vehicle"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Iaquinta:
H. B. 2150 - "A Bill making a supplementary appropriation of public moneys out of the treasury from the balance of moneys remaining as an unappropriated balance in the State Excess Lottery Revenue Fund to the Division of Veterans' Affairs, account no. fund 8728, fiscal year 2008, organization 0618, all supplementing, amending the appropriation for fiscal year ending June 30, 2009"; to the Committee on Finance.
The Clerk announced that Delegates Andes, Cann, Carmichael, Ellem and Skaff had previously qualified by taking and subscribing to the several oaths of office as prescribed by Section 16, Article VI of the Constitution of the State of West Virginia.
At 12:25 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:50 p.m., and reconvened at that time.
At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of House Rule 136, relating to privileges of the floor, were suspended for the day in order to extend the privileges of the floor to invited guests for this evening's proceedings.
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. 3, Extending an invitation to His Excellency, the Governor, to deliver an address to the Legislature and raising a Joint Assembly therefor.
Joint Assembly

The Speaker recognized the Doorkeeper, who announced the members of the Board of Public Works, who were escorted to the places reserved for them.
The Doorkeeper next announced the Honorable Brent Benjamin, Chief Justice of the Supreme Court and the Associate Justices, who entered the Hall of the House of Delegates and took the seats reserved for them.
The Doorkeeper then announced the Honorable Earl Ray Tomlin, President, and members of the Senate, who entered the Hall of the House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated in the places reserved for them in the Well of the House.
Delegate Moore then announced the special committee to wait upon His Excellency, the Governor, and escort him into the Chamber.
The Speaker then recognized the Honorable Oce W. Smith, Sergeant-at-Arms, who announced pursuant to the invitation of the Legislature, His Excellency, the Governor, was present for the purpose of addressing the Joint Assembly.
The committee escorted His Excellency, the Governor, to the Clerk's Desk. (Applause, the members and guests rising in ovation)
The Speaker then presented the Honorable Joe Manchin III, who addressed the assembly as follows:
************

Address By The Governor

************

The Governor:
Mr. President, Mr. Speaker, Members of the Board of Public Works, Justices of the Supreme Court of Appeals, Members of the Legislature, Distinguished Guests and my fellow West Virginians:
I am truly privileged that the people of West Virginia have given me the opportunity to stand once more before you and deliver my fifth State of the State Address. I am honored and humbled by the faith you have placed in me and my administration and, most importantly, I am eager to get back to work.
Tonight, as is tradition, I will report on the progress West Virginia has made and I will also talk about where we need to be headed. But it would be unrealistic for me to not first acknowledge the rough economic times our nation and state are facing - and the great challenges those times have created.
We are experiencing a global economic transformation - some even call it a financial meltdown. It is one of the most dramatic economic downturns since the Great Depression and all of us - directly or indirectly - are dealing with its effects.
However, while I am certainly concerned - I am not scared.

West Virginia has faced tough times before and we know better than most how to prepare for, and overcome, challenging times.
When I first took office four years ago, the outlook for our state was daunting. Some thought they would never see significant changes in their lifetimes. However, we came together and tackled our problems head on. We committed to running a fiscally disciplined and responsible government and together we turned many of those challenges into opportunities.
One of the biggest issues we faced was our state's crippling debt. As I've said before, unmanaged debt will make a coward of us all when it's time to make decisions and act responsibly. Our commitment to paying down pension debt and unfunded liabilities during the past four years has saved literally billions of dollars.
In addition, if we had not been proactive and put additional appropriations toward our teachers' retirement debt in particular, with the financial market as it is today, we would have to put an additional $250 million in our 2011 budget and the next 23 years after that just to meet our teachers' pension obligations. (Applause) And they tell me that our nation's financial conditions could get even worse. That is why our work to pay down our debt is so important.
We have also had record state revenue collections for three years in a row, which has led us to tremendously outperform our budget forecasts. This happened based on the confidence in our state that citizens and investors gained due not only to our commitment to pay down our debt, but also our efforts to tackle our outdated workers' comp system, institute insurance reforms and reduce our state tax load on both individuals and businesses - something that we're looking to do more of in the future.
Because of these responsible actions, we were able to provide more than $300 million in well-deserved pay increases four years in a row for our teachers and our state employees. This is the largest commitment to salary increases for state workers during a four-year term in the history of our state. (Applause) In addition, as part of the ir standard incremental pay package, all West Virginia teachers with between one and 35 years of service will have their salaries automatically increased this year by a minimum of $587.
We've also improved our business climate. Since 2005, more than 200 companies have located or expanded here and, together, they have invested $8.6 billion in the Mountain State.
We're also shipping more West Virginia-made products around the globe than ever. Last year, West Virginia exports grew 41 percent to $5.6 billion, outpacing the national rate of 12 percent. That's $1.7 billion more than in 2007.
But let me make this clear: Tougher times are ahead. While we are in better financial shape than our neighbors, West Virginia is not immune to the national and global economy. Everyone is understandably concerned about their jobs and about their families. These may be the most challenging times we have faced.
We've witnessed layoffs and shutdowns at our plants and watched in sadness as some of our retailers have closed their doors. We must be more diligent now than ever before. The hard work is not over. It has just begun.
We did what needed to be done and it put us in a better situation than many other states. Our next move is up to all of us.
Do we remain focused and disciplined with a strong vision? Or do we throw caution to the wind and bet on this economy turning around quickly?
After four years, you know the latter is not my style.
As I said in my inaugural address, it's time to do what West Virginians do best. Let's roll up our sleeves and get to work.
When others have said "That can't be done," we've done it. And we will do it again.
The legislative agenda I present tonight is a responsible one that will continue to create confidence in our state and solidify our standing in the marketplace.
When I became your governor in 2005, for the first time, our budget team shared five-year forecasts with our legislators because I thought it was critical for all of us to look at the future to see what challenges we will face. That principle has served us well.
Today we are in a planning mode - not a panic mode.
And, while I know we will face more challenging times, I have no plans during this coming budget year to cut essential government services. I also have no plans to unnecessarily increase our state budget or expand the size of state government.
We've been very disciplined and, under my watch, we will not write checks that our children can't cash. (Applause)

Many other states are facing employee furloughs, cuts to essential government services, cuts in education budgets and tax increases. That is why I cannot include any base-building salary increases in this year's budget. I will, however, ask for the ability to share any additional money that we may have with our teachers, service personnel and state employees, if financial conditions improve enough for us to afford to do so.
If we do not follow through on the continued responsible spending plan that I am submitting to you - we will not be able to manage our balanced budget without extreme cuts. We must follow this financial plan to continue to operate state government in the way our citizens expect and deserve.
One of the world's most-pressing issues is a growing demand for energy. Our nation needs West Virginia's energy resources to climb out of this recession. The opportunity for us to take the world stage in new energy development is now. Companies from around the globe are prepared to invest in West Virginia to make this kind of development a reality.
If we want to be a leader in renewable resources, we must commit to investing in the energy sources of the future. Throughout our history, our state has powered this nation. West Virginians know energy better than anyone. We must build upon our past successes and uncover even more efficient and cleaner energy sources.
That means not just coal, but natural gas, and renewable resources, including wind, solar, hydro and biofuels.

Tonight, I am introducing a bill, called the Alternative and Renewable Energy Portfolio Act, which will put West Virginia at the forefront of new energy development. It sets a realistic timeframe for us to develop alternative and renewable energy resources.
Beginning in 2015, at least 10 percent of the electric energy sold to electric customers must be generated by alternative or renewable energy sources. And, by 2025, we will require that 25 percent of electricity sold in West Virginia must be generated from alternative or renewable energy facilities.
Our bill will provide incentives to locate new alternative energy facilities in West Virginia, which will encourage the development of renewable energy resources and create jobs in the Mountain State. (Applause)

This is within reach. With the growth of wind technology, by recycling waste heat from our industrial facilities, by cultivating biofuels like switchgrass, by harnessing the power of our rivers and the sun, and by expanding our clean coal efforts, we can meet our energy needs, create new jobs and improve our environment at the same time.
Electricity doesn't always come from the power plant. Today we have the technology to generate electricity at our own homes and businesses, but there has been little incentive to invest in this technology because there is no way to get credit for the power you return to the electric grid.
My alternative and renewable energy bill will also require electric utility companies to provide net metering to residential, small business and industrial customers who generate their own electricity. (Applause)

This bill also requires the Public Service Commission to expand the availability of net metering to West Virginia electric customers.
It will encourage private investment in renewable energy sources, including solar, wind, biomass, hydropower, waste heat recovery and even landfill gas. It is another step toward expanding our state's energy portfolio.
We must also continue to keep in perspective the energy resources and technology we are using today. We can't simply abandon the way we live and generate electricity, but we must find newer and cleaner ways to produce energy with the abundance of resources we already have.
It will take investment and research. We are on the verge of discovering cleaner, greener ways to use coal and we can continue to be a low-cost producer of energy if we believe in ourselves and embrace our energy expertise.
There's been a lot of debate about clean coal technology. Whether you agree or disagree with the concept, one thing is certain: We can improve the way we use coal and reduce the carbon that is released into the atmosphere.
One new technology that has promise is carbon capturing. West Virginia can be at the forefront of this experimental method of capturing the carbon dioxide that comes from burning fossil fuels by finding ways to add value to this waste stream.
This week I will present a bill that will allow for permits for carbon sequestration projects. It will establish regulations for monitoring carbon sequestration sites and clarify ownership of the space in which the carbon is stored. Carbon sequestration is not the only solution to controlling power plant emissions, but we should explore its potential.
Energy independence must move from talk to action, and these proposals do that. By broadening our definition of energy beyond just fossil fuels, we position ourselves to continue producing the nation's energy by any and all means.
These are all first steps that build on my vision for energy independence. They open the door to the future of new energy development in the Mountain State. (Applause)

We must also continue our mine safety efforts. We now have more than 40,000 new self- contained self rescuers in our underground mines. About 225 emergency mine shelters are in place and more are on the way. We hope to have the rest in place by the second quarter of this year.
We are implementing advanced communication and tracking systems, so we never face the situation we did at Sago and Aracoma, (Applause)
not knowing where our trapped miners were located and putting our rescuers in danger. And, we continue to be vigilant in inspecting our mines to ensure they meet our more stringent safety standards. We have added more inspectors and safety instructors and we also increased our mine inspector salaries so we can retain qualified staff.
We've required foremen and fire bosses to undergo additional training and made it easier to shut down problem mines. We will continue to face challenges in this demanding industry, but let me assure you -- our mission is still to protect every miner so that he or she will return home safely to their families. (Applause)

While our work to make our mines safer continues, we must also carry those lessons to the rest of our manufacturing industries, to help make all our industrial workplaces safer.
On a night last August, here in the Kanawha Valley, the sky glowed orange after an explosion and fire at one of our chemical plants. In the critical hours after the explosion, we had a lot of unanswered questions that left residents throughout the valley scared and wondering exactly what to do.
We lost two long-time plant workers because of that accident. Our thoughts and prayers remain with their families. On that night, though, we could have lost even more, had it not been for quick action by plant management and employees, and an emergency containment system that prevented potential catastrophe.
While plant emergency crews and company officials were working to control the situation, for too long our own emergency teams did not have access to the plant or the information they needed to respond or share with the public. That cannot happen again.
That's why I am submitting a bill that will require all industrial plants within our state to follow the same reporting guidelines for major accidents as our mine operators. (Applause)
The bill will require industrial facilities to provide access to emergency response officials and will establish a system of communication so our responders have the important information they need to ensure public health and safety.
I said earlier that it's time to roll up our sleeves and get back to work. However, none of that work can be done unless we have an educated workforce. The jobs of the future will go not to the places with the richest land or the most abundant resources, but the places with the richest minds. We're in a different world than we were even 10 years ago. We are competing for jobs and companies not just with other states, but with countries around the world. As a nation, we are in danger of falling far behind the countries that just a few years ago looked to our education systems as their model.
We must do a better job of educating our children, starting from the ground up. From pre- school through college. We've got to change.
One change we can make immediately is to allow more flexibility in our school calendar. We currently require our children to attend school 180 days a year, yet we also mandate specific dates for the school year to start and end.
Because of those very specific start and end dates, due to weather and other issues, many of our counties do not meet the 180-day requirement. So tonight, I'm presenting a simple fix that will help ensure that students receive 180 days of instruction by extending the school calendar on both ends.
This bill will require county school systems to begin the instructional term five days earlier and will give schools the flexibility to extend the calendar if necessary to meet the 180-day requirement. (Applause)

We are blessed to have great professional educators who teach not just because it is their job but because it is their passion. I firmly believe that to be an effective educator, you must have a passion for what you're teaching, so that the children you influence are inspired and share that passion.
West Virginia is fortunate to have great educators like MaryLu Hutchins, our 2009 West Virginia Teacher of the Year. (Applause)
MaryLu is a first grade teacher at Ohio County's Steenrod Elementary School and also is co-chairwoman of a task force within our 21st Century Jobs Cabinet. The group, called PARTNERS, has worked diligently on our Bill of Rights and Responsibilities for Learning initiative, which outlines the shared responsibilities for safe and productive classrooms.
Teachers like MaryLu energize their classrooms and challenge their students to discover the joy of learning. MaryLu, will you please stand and be recognized. (Applause, members and guests rising in ovation)

I also want to acknowledge Toyota Motor Manufacturing and Mountain State Blue Cross Blue Shield for supporting our state's Teacher of the Year program.
Good teachers are the heart of a quality education. But we must give our teachers and school systems the resources, the curriculum and the freedom to try innovative approaches to 21st century learning.
Every school community has unique needs and the people who know how best to meet those needs are not always in Charleston. That's why I've joined the State Department of Education in formulating a bill that will give our schools the flexibility they need to meet the needs of diverse learners.
The School Innovation Zones Bill will give teachers, principals and school communities greater control over critical education factors that affect student achievement.
This bill will allow school staff to implement improvement strategies that currently are restrained by State Board of Education policies or antiquated state law.
In addition to being innovative and creative, we also need to refocus on some basic principles of learning. For dozens of years we have evaluated our children's educational competency at critical grade levels through statewide testing. The data is helpful, but we should use that information to keep our children from being prematurely promoted to the next grade level.
Unfortunately, many students don't meet the proficiency requirements in subject areas such as reading and math, and our school systems sometimes lack the necessary resources and capacity to address these deficiencies within the current school calendar.
Therefore, in cooperation again with the Department of Education, I am proposing tonight that if our children do not meet the educational standards we set at their third grade and eighth grade levels -- two of the most critical periods in their educational development -- then they cannot move (Applause) on until they meet those required educational standards, either through after-school programs, attending summer school or being retained for another year.
This bill also engages the most critical factor in the learning process - the parents.
A structured statewide program will provide the extra help and time many students need to master the rigorous content and 21st century skills needed for future success in the global economy. This program is so important that we have directed additional resources to ensure its success. These carefully developed support programs will help our children learn the math and language skills they need to succeed at the next grade level.
We can no longer allow children who do not have the critical skill sets they require to advance to the next level. It is unfair to their parents, it is unfair to their classmates and, most of all, it is unfair to them.
(Applause)
We also have a tremendous workforce resource in our veterans. Those who have served our country have more than earned the right to further their education once they return to civilian life. (Applause) It's not just the responsible thing to do - it's the right thing to do to move West Virginia ahead. In addition to the skills and knowledge they gain in the armed forces, our service men and service women can build the quality of our workforce by attaining college degrees.
Time and again, we have discussed ways to add strength and depth to the teaching ranks in West Virginia. With the Troops to Teachers program, West Virginia has seized an excellent opportunity to provide our brave veterans the chance to add value to our classrooms.
Veterans bring leadership and experience to our classrooms and their students. They are excellent role models, and I am confident they will help us educate our young people and prepare them with the skills they need to compete in today's global economy.
(Applause)
I'd like to recognize one of our Troops to Teachers participants who is with us tonight, Stefan Smolski. Stefan is a retired naval flight officer who teaches physics and biology at Oak Glen High School in Hancock County. (Applause) He also serves as the state mentor for others who want to join the Troops to Teachers program.
Stefan, will you please stand so we can say thank you. (Applause, members and guests rising in ovation)
Thank you Stefan, and all of our veterans-turned-teachers, who are bringing a new dimension of learning to our classrooms.
I also want to make sure our nation's veterans know they are welcome at West Virginia's colleges and universities. West Virginia has a long history of valuing and encouraging its citizens who have served in our Armed Forces, whether in our National Guard units, in Reserve components, or in our nation's regular military services. Now we have an opportunity to extend our appreciation to all of our country's veterans and, at the same time, to attract them to come to West Virginia to learn, to work, and to live.
Last year, Congress enacted what's known as the "New GI Bill." It pays for veterans' tuition, up to the highest in-state undergraduate rate at our public colleges. However, veterans' actual tuition and fees often exceed that amount if they are out-of-state residents.
I am proposing legislation that will require each of our public colleges and uiversities to participate in the New GI Bill's "Yellow Ribbon Program" that will allow veterans from out of state to attend our public colleges and universities at the in-state rates. (Applause)
Schools would be free to participate for graduate and professional students, as well, if they choose.
This is another way we can say "thank you" to our veterans, and attract more of them to West Virginia.
And, finally, we are working to fix the veterans' pension system so that every state worker who has put on a uniform to defend our country will be treated fairly. (Applause)
They say that one of the ways you can judge the true progress of a society is by the way it treats its children - who also happen to be our future workers. While there is a lot more work to do, I'm proud to say we are taking care of our children's health needs.
Beginning on January 1st of this year, the West Virginia Children's Health Insurance Program expanded its coverage to more children by increasing the upper income limit from 220 percent to 250 percent of the Federal Poverty Level. (Applause)
The bottom line is that we will continue to move forward to insure and protect every child in our state. (Applause)
We've recognized the growing problem of childhood obesity and now require our kids to take physical education classes at school and the schools must also provide healthier food choices in their vending machines. (Applause) According to data gathered through the CARDIAC project, last year, for the first time, West Virginia saw a decline in childhood obesity. (Applause) In fact, it was the greatest decline in youth obesity in the nation. (Applause)
Our efforts to increase awareness of the dangers of obesity and encourage healthy lifestyles for our children are paying off. We have a long way to go, but we are seeing positive results.
Two years ago, the Healthy Lifestyles Coalition joined with the Robert Wood Johnson Foundation and the Benedum Foundation to evaluate the impact of our 2005 Healthy Lifestyles Act, which was passed to address our state's obesity problem. Just yesterday, we received a report made possible through grants from these foundations. The results show that our efforts to improve the health of our children are on the right track.
I would like to recognize Laura Leviton from the Robert Wood Johnson Foundation and Beverly Robinson from the Claude Worthington Benedum Foundation, who have made this ongoing study possible. Thank you. (Applause, members and guests rising in ovation)
And today, I am presenting a proposal to improve access to dental care for our families who cannot afford visits to the dentist. (Applause)
This one-time expenditure will help to buy dentistry equipment for our primary care clinics. I am also asking for our state's dentists to support this effort by volunteering one day a month at our primary care clinics.
This investment will improve oral health for our most vulnerable citizens and strengthen the existing community health center network. We'll place a priority on geographical areas designated as dental health professions shortage areas, and ones with an existing community health center.
Our workforce may be the best in the nation, but we cannot compete if we are not well. (Applause) We have to have a healthy workforce if we expect to build a healthy economy. So we must today pledge to continue our efforts to make all West Virginians healthier.
We need to start by embracing advances in healthcare echnology, including electronic health records and telehealth applications. West Virginia ill continue to be a national leader in using information technology to transform our health are system.
We are also going to increase our efforts to detect and prosecute medical fraud, beyond just insurance, to all other forms of health care coverage. (Applause)
In addition, I also strongly believe that we have a responsibility to provide more access to affordable health care for all working West Virginians. (Applause)
Tens of thousands of West Virginians go to work each day to provide for themselves and their families, yet they cannot afford to go to the doctor for regular checkups because they have no health insurance. This must change.
We must provide more options to our citizens - especially in this time of economic hardship for so many workers and their families.
I have asked our insurance commissioner to work with insurance carriers to establish new, affordable benefit packages that will increase coverage options for those unable to afford the insurance products currently available.
The insurance commissioner will design new coverage plans that promote healthy lifestyles and reward personal responsibility. These affordable plans will emphasize preventive care and catastrophic coverage. Insurance carriers will be able to offer competitive pricing on these plans so that consumers have as much choice as possible.
The insurance commissioner also will develop a Web site where individuals and businesses can obtain information on existing insurance options, so they can become informed consumers.
In addition, I want to take a truly meaningful step toward insuring West Virginia's working poor -- (Applause) those who are trying hard every day to make a better life for themselves but who just haven't been able to make enough money to even think about paying for health care. They often wait until they're critically ill before seeking medical treatment, so they end up in emergency rooms and hospitals. That adds to the unmanaged care bills that increase everyone's health care expenses.
Currently, West Virginia covers a smaller percentage of our eligible working people under our Medicaid system than all but two other states. While federal Medicaid eligibility is set at 100 percent of the Federal Poverty Level, West Virginia only covers Medicaid-eligible parents who make less than 35 percent of the Federal Poverty Level, which is less than $6,160 per year - and we don't even cover single members of the working poor at all. We need to change that if we are to help low- income working West Virginians move toward better-paying jobs with healthcare.
To that end, I have asked our Medicaid office to apply for a federal waiver to design a program of basic medical and preventive care coverage using the medical home concept that has worked well for the agency in the past. We will first use this program to expand health care coverage for working West Virginians, both individuals and parents, whose salaries are at or below 50 percent of the Federal Poverty Level but with the goal of achieving coverage for those with salaries up to 100 percent of the Federal Poverty Level. (Applause)
This is such an important step toward addressing our state's growing healthcare concerns and unmanaged healthcare costs that, if necessary in the future, I will propose an increase in our state's cigarette tax to pay for its continuation. (Applause)
However, as I've said before, the first bill I will present to the Legislature tomorrow will close the pension loophole that allows any kind of public pensions - judicial or otherwise - to be double-dipped. (Applause) It will ensure that no retiring public official can be re-elected or reappointed to the same position within a year of his or her retirement. (Applause) This does not preclude someone from running for the same public office again, but it does require ample notification of retirement to give someone else a fair chance to run. (Applause)
There is one other significant area that involves judges which must also be addressed if we are to truly show that we're willing to tackle West Virginia's perceived challenges: Legal reform.
We must not let partisan politics prevent us from openly and honestly evaluating our judicial system, which, justified or unjustified, has been under attack.
Instead, we should objectively examine the structural aspects of our court system.
Our Supreme Court of Appeals is the busiest appellate court of its kind in the entire country, yet West Virginia is one of only 10 states that lack an intermediate appellate court of some kind. We are one of only seven states that use partisan elections to select every member of its judiciary.
And, year after year, the growing responsibilities of the judicial branch have led to a corresponding increase in the court's budget. That is why I am going to sign an executive order that creates a commission to immediately begin studying how we can modernize our state court system. (Applause)
This commission will be directed to look at all options, including creating an intermediate court, improving the judicial budget process, achieving more transparency in our judicial election campaigns, as well as the best method for selecting judges. We will work with a broad group of people, including judges, legislators and the private sector, to determine our next step in modernizing our judicial system. (Applause)
Four years ago, we set out on a mission to change the mindset about West Virginia. We first had to start from within and tackle our own naysayers. I think we've made a lot of believers out of those who were skeptical.
We've also faced incredible challenges and have worked together to turn them into opportunities. That is the true Mountaineer Spirit.
In recognition of that spirit and the lasting impression this state has on those who come here, during last year's State of the State Address, I said that we were starting a new campaign to encourage native West Virginians living elsewhere to take another look at their home state, to see what has changed in the last few years.
The Come Home to West Virginia program has generated a lot of excitement about what makes the Mountain State a great place to live, to work and to raise a family. People from across the country are visiting our "Come Home" web site to find jobs here, and to read the stories about West Virginians who have recently come home.
We want to bring former residents back home to work in our growing industries and encourage them to expand into West Virginia the businesses they have started elsewhere. In addition, we want to make people feel confident about West Virginia and optimistic about the future of their home state by reminding them of all the good things happening here.
Our program is succeeding. We've reached regional and national audiences with our promotions and positive media coverage, including a great article in the US Airways in-flight magazine and an upcoming article in Newsweek magazine.
On top of that, earlier today I received a phone call from Bob Mazzuca, chief scout executive for the Boy Scouts of America, who shared some good news with me. After an exhaustive nationwide search, the Boy Scouts today took an important step toward selecting a southern West Virginia site as the location for a national high adventure base for the Scouts. (Applause)
There's still a lot of work to be done before this is finalized, but the Scouts have decided that, with some additional negotiations to come, West Virginia could be a perfect match for this permanent high-adventure facility. When completed, this project will draw thousands of Scouts and outdoor enthusiasts - both young and old - from across the nation and around the world for years to come. (Applause) This facility will highlight the best of wild and wonderful West Virginia, and provide us an unprecedented opportunity to showcase our state's beauty and heritage.
But we also want people who were born in other places to come here as well, so that they, too, can call West Virginia home.
Tonight I'd like to recognize someone who symbolizes the power our state has to make people feel at home. This is someone who was not born a West Virginian, but in the last four years has become as true of a West Virginian as you and I.
He faced some pretty incredible challenges - and stood up to take them head on. He did that while managing to break just about every record around, including becoming the first player in Big East history to reach and break the 10,000 total career yards mark, as well as earning the title of the all-time highest rushing quarterback in NCAA history. He even set his own record by becoming the only quarterback in college football history to win four bowl games as a starter. And, most recently, he was named the MVP of the Senior Bowl.
He stuck with us through it all because, as he has said, "Once a Mountaineer, always a Mountaineer."
Tonight I'm honored to have this person join us in this chamber. He is a great role model and someone who has proven what can be accomplished with vision, backed by performance.
Ladies and gentlemen, I'd like to ask you to please recognize and say "thank you" to Number 5, the amazing Mr. Pat White. (Applause, members and guests rising in ovation)
Thank you, Pat, for an incredible career at WVU. You will forever be remembered in West Virginia, no matter which path you take from here. We are all very proud of your achievements and, most importantly, the way you continue to represent our great state.
And we'll all look forward to watching you on Sundays! (Applause)
Today, there are more reasons than ever to return to, or come to, West Virginia and, as a result, my vision for West Virginia is as bright as ever. And, as Pat knows, vision, backed by performance, will deliver results.
We now know that we can perform - time and again we have proven that to be true. I promise you that the results will continue to be as rewarding as they have been the last four years if we keep focused.
So that is my challenge to all of you. Let's keep focused and stay disciplined. The job will not be easy, but we can do it.
Together we will grow West Virginia's economy and create more jobs. Together we will make West Virginia healthier. Together we will open the doors of higher education to more West Virginians.
Together we will teach our children the job skills they need to compete. Together we will lead the nation in the march toward energy independence and finding alternative energy sources. Together, we will improve the way we mine and use our most valuable natural resources.
Together we will make our workplaces safer. Together, we will advance West Virginia's image around the world and bring our people back home. And, together we will take even better care of our children, our seniors and our veterans.
Together, we will continue to build a new West Virginia. And our Mountaineer Spirit will shine brighter than ever!
Thank you. God bless you. And may God save the Great State of West Virginia. (Applause, members and guests rising in ovation)
******************

At the conclusion of the address, His Excellency, the Governor, accompanied by the committee of escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint Assembly dissolved.
The Speaker then called the House of Delegates to order and laid the following communication from His Excellency, the Governor, before the House:
State of West Virginia

OFFICE OF THE GOVERNOR

Charleston, WV

February 11, 2009

Executive Message No. 1
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Mr. Speaker:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2009.
With warmest regards,
Joe Manchin III,
Governor.
Whereupon,
In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution, the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance:
By Mr. Speaker, Mr. Thompson, and Delegate Boggs:
H. B. 2010 - "A Bill making appropriations of public money out of the Treasury in accordance with Section 51, Article VI of the Constitution."
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures, etc., as required by Section 51, Article VI of the Constitution.
At 8:10 p.m., on motion of Delegate Boggs, the House of Delegates adjourned until 11:00 a.m., Thursday, February 12, 2009.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **