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House Journal


Day 00 (01-14-2009)
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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)
hdj2009-02-16-06


__________*__________




Monday, February 16, 2009

SIXTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Friday, February 13, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Executive

     The Speaker presented annual reports from various state agencies as required by the provisions of law, as follows:
     Accountancy, Board of
     Acupuncture, Board of
     Administration, Department of
          Indigent Defense Commission
     Architects, Board of
Auditor, Office of the State

          Consolidated Budget Report of Coal Severance Fund, Gas and Oil Severance Tax
           and General Funds for the County and Municipal Governments
Banking, Division of

     Bond Commission
Nursing, Center for

          Recruitment, Retention, Collaboration
     Chiropractic, Board of
Commerce, Dept. of

          Tourism, Division of
               Film Office
               Marketing Plan 
Counseling, Board of Examiners

     Dental Examiners, Board of
Drinking Water Treatment Revolving Fund

     Economic Development Authority     
     Energy, Division of
          Public Energy Authority
Financial Institutes

     Forestry, Division of
          Logging Sediment Control Act
          Managed Timberland Program
Governor's Committee on Crime, Delinquency and Correction

Law Enforcement Training Subcommittee Annual Report

     Health and Human Resources, Department of
          Children and Families
               Youth Services and Comprehensive Plan Update 
          James "Tiger" Morton Catastrophic Illness Commission
Long Term Care

          Women's Right to Know Act
     Housing Development Fund
     Infrastructure and Jobs Development Council  
Insurance Commissioner, Office of

          Workers' Compensation Maximum Reimbursement Fee Schedule
     Investment Management Board
Joint Committee on Government and Finance

          Children's Health Insurance Program
     Legislative Oversight Commission
          Health and Human Resources Accountability
     Library Commission
     Licensed Practical Nurses, State Board of Examiners
          Licensed Practical Nurses
          Veterans Examination
     Massage Therapy Licensure Board
Medical Imaging and Radiation Therapy Technology, Board of Examiners

Medicine, Board of

     Military Affairs, Department of
Criminal Justice Services     

     
Parole Board

     Municipal Bond Commission
     Natural Resources, Division of
     Nursing Home Administrators Licensing Board
Occupational Pneumoconiosis Board

     Occupational Therapy, Board of
Ohio River Valley Water Sanitation Commission

Optometry, Board of

     Osteopathy, Board of
     Professional Engineers, State Board of Registration
Professional Surveyors, Board of

     Psychologists, Board of Examiners of
Purchasing, Division of

     Real Estate Commission
     Registered Professional Nurses, Board of Examiners
Rehabilitation Facilities, Association of

State Use Program Activity Report

Retiree Health Benefit Trust Fund

Revenue, Department of

State Budget Office

               Consolidated Report of Federal Funds FY2010
Risk and Insurance Management, Board of

     Ron Yost Personal Assistance Services Board
Senior Services, Bureau of

Social Work Examiners, Board of

Special Reclamation Fund Advisory Council

     State Police Recruitment of Females and Minorities
     Tax and Revenue, Department of
          Classified Assessed Valuations, Taxes Levied
          Tax Expenditures Study
Transportation, Dept. of

Financial Statements

Highways, Division of

State Rail Authority

Treasurer's Office

Treasury Investments, Board of

     Water Development Authority
     The above- referenced reports are on file in the Clerk's Office.        
Resolutions Introduced

     On motions for leave, joint resolutions were introduced, read by it their titles and severally referred as follows:
     By Delegates Armstead, Rowan, Overington and Azinger:
     
H. J. R. 7 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section six, article three thereof, relating to use of electronic surveillance in a person's home by the government without a warrant; 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 Caputo, Manchin and Longstreth:
     
H. J. R. 8 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section 1b, 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.
     And,
     By Delegate Carmichael:
     
H. J. R. 9 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof by adding thereto a new section, designated section three-a, relating to term limitations for legislators; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee Constitutional Revision then the Judiciary.
     Delegates Iaquinta, Longstreth, Swartzmiller, Moye, Boggs, Azinger, Porter, Ireland and Ashley offered a resolution, which was read by the Clerk as follows:
     H. R. 9 - "Encouraging West Virginia educators to participate in future 'Take a Veteran to School' initiatives."
     Whereas, There are 178,000 veterans in the State of West Virginia; and
     Whereas, United States Senator Jay Rockefeller joined with veterans' groups across the state and the West Virginia Cable Telecommunications Association to facilitate the History Channel's "Take a Veteran to School Day" in West Virginia schools during the fall of 2008; and
     Whereas, Through this initiative, students and educators around the State of West Virginia can hear first hand accounts of veterans' military experiences and encourage students to get to know and learn from the veterans who live in their communities; and
     Whereas, United States Senator Jay Rockefeller and the West Virginia Cable Telecommunications Association should be commended for their commitment to honoring West Virginia veterans through this important program; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates hereby recognizes the important contributions of United States Senator Jay Rockefeller to the success of "Take a Veteran to School" events during 2008 and his work with the West Virginia Cable Telecommunications Association, veterans' groups and their leaders and the History Channel; and, be it
     Further Resolved, That all West Virginia educators should be encouraged to participate in future "Take a Veteran to School" initiatives and express to all citizens the importance to learn more from the veterans in their communities; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to United States Senator Jay Rockefeller and the appropriate contacts at the West Virginia Cable Telecommunications Association and the History Channel.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration.
     The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 2), and there were - yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
     Absent and Not Voting: Spencer.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 9) adopted and put upon its adoption.
Petitions

     Delegate D. Poling presented a petition on behalf of the members of the West Virginia's Public Workers Union, urging the Legislature to provide salary increases for state workers, to increase staff levels at the Department of Health and Human Resources, and to provide collective bargaining rights for public sector workers; which was referred to the Committee on Finance.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 2405 - "A Bill to amend and reenact §29-21-3b, §29-21-8 and §29-21-13a of the Code of West Virginia, 1931, as amended, all relating generally to Public Defender Services; requiring the Indigent Defense Commission to submit a report to the Legislature; authorizing the creation of public defender corporations in the fourth, sixteenth, seventeenth and twenty-sixth judicial circuits; and raising the hourly rate of compensation for panel attorneys"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson and Delegate Armstead

[By Request of the Executive]:

     H. B. 2406 - "A Bill to amend and reenact §11-8-26 of the Code of West Virginia, 1931, as amended, relating to unlawful expenditures by a local fiscal body; and clarifying that a local fiscal body or its duly authorized officials shall not be held personally or criminally liable for certain deficits relating to the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fund and annual required employer contributions"; to the Committee on Pensions and Retirement then the Judiciary.
By Delegates Perry, Boggs, Morgan, Ellem and Webster:

     H. B. 2407 - "A Bill to amend and reenact §25-1-3a and §25-1-3b of the Code of West Virginia, 1931, as amended, all relating to trustee accounts and funds, earnings and personal property of inmates; inmate benefit funds"; to the Committee on Government Organization then Finance.
By Delegates Ellem, Moore, Sobonya, Miley and Tabb:

     H. B. 2408 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to general findings and background regarding jail population and costs; requesting the Supreme Court of Appeals to study the feasibility, establishment, administration and effect of implementing state or region wide video magistrate arraignment upon county jail incarceration and jail costs; the effect of full time magistrate availability upon jail incarceration and jail costs; the creation and employment of quasi-judicial officers to serve as pre-trial presentation and bond officers in lieu of magistrates; the feasibility and effect of alternative sentencing upon incarceration rates and costs; identify best management practices for law enforcement and county administrators which effectively reduce incarceration rates and costs; and that the Supreme Court of Appeals report to the regular session of the Legislature, 2010, as to findings and any recommendations"; to the Committee on the Judiciary.
By Delegate Varner:

     H. B. 2409 - "A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to providing that fire officers may use adjacent property to prevent fire from spreading"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Perry, Shaver, Moore, Klempa, Smith, Lawrence, Ennis, Pethtel and Stowers:

     H. B. 2410 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to providing a one-time bonus payable in July of every year starting in 2009 for retired public school teachers and state retirees"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo, Hamilton, D. Poling and M. Poling:

     H. B. 2411 - "A Bill to amend and reenact §21-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring that workplace fatalities be reported to the Division of Labor"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegate Argento:

     H. B. 2412 - "A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to providing certain county commissions with authority to regulate the location of sexually-oriented businesses"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Webster, Miley, Barker, Brown, Ferro, Fleischauer, Hutchins, Hunt, Wooton, Ellem and Hamilton:

     H. B. 2413 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to raising the upper level age restriction for new hires for certain law enforcement agencies from thirty-five to forty-five years of age"; to the Committee on the Judiciary.
By Delegates Moye, Rodighiero, M. Poling, Barker, Staggers, Stephens and Ennis:

     H. B. 2414 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-19a, relating to exempting disabled veterans from campground rental fees from the day after Labor Day until four days prior to Memorial Day"; to the Committee on Natural Resources then Finance.
By Delegates D. Poling, Swartzmiller and Manypenny:

     H. B. 2415 - "A Bill to amend and reenact §60A-2-204 of the Code of West Virginia, 1931, as amended, relating to the identification of salvia divinorum as an hallucinogen and adding it to the list of controlled substance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Staggers, Tabb, Moye, Smith, Martin, Argento, Perry, Williams, Shaver and Michael:

     H. B. 2416 - "A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to providing potential worker's compensation benefits to volunteer firefighters for cardiovascular or pulmonary diseases or a cardiovascular injury"; to the Committee on the Judiciary.
By Delegates Perry, Shook, Miley, Frazier, Schoen and Azinger:

     H. B. 2417 - "A Bill to amend and reenact §33-15E-15 of the Code of West Virginia, 1931, as amended, relating to criminal violations involving discount medical plan and discount prescription drug plan organizations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Perry, Boggs, Morgan and Ellem:

     H. B. 2418 - "A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exemptions from disclosure under the Freedom of Information Act"; to the Committee on the Judiciary.
By Delegates Perry, Boggs, Morgan, Ellem and Webster:

     H. B. 2419 - "A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931, as amended, relating to providing inmates a reduction in sentence for completion of education and rehabilitation programs"; to the Committee on the Judiciary.
By Delegates Perry, Boggs, Morgan and Ellem:

     H. B. 2420 - "A Bill to amend and reenact §62-8-1 and §62-8-2 of the Code of West Virginia, 1931, as amended, all relating to offenses by or against inmates; penalties"; to the Committee on the Judiciary.
By Delegates Staggers, Perry, Shaver, Rodighiero, Moye, Swartzmiller, Martin, Argento, Crosier, D. Poling and Manypenny:

     H. B. 2421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-22, relating to distinguishing between operable and inoperable fire hydrants by having inoperable hydrants painted black"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Williams, Shaver, Varner, Butcher, D. Poling, Barker, Michael, Staggers and Hamilton:

     H. B. 2422 - "A Bill to amend and reenact §61-7-2 of the Code of West Virginia, 1931, as amended, relating to what constitutes 'on or about the person' regarding possession of a deadly weapon as within the possessor's immediate physical reach"; to the Committee on the Judiciary.
By Delegate Morgan:

     H. B. 2423 - "A Bill to amend and reenact §30-23-4, §30-23-5, §30-23-6, §30-23-9, §30-23-10, §30-23-13, §30-23-14, §30-23-16, §30-23-17 and §30-23-19 of the Code of West Virginia, 1931, as amended, all relating to the Board of Medical Imaging and Radiation Therapy Technology"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Overington, J. Miller, Blair, Lane and Andes:

     H. B. 2424 - "A Bill to repeal the Code of West Virginia, 1931, as amended, and to adopt in lieu thereof, the Code of the Commonwealth of Virginia; and, providing that constitutional conflicts that may arise by the adoption of said code shall be addressed at the time they are identified"; to the Committee on the Judiciary.
By Delegates Hatfield, Perdue and Caputo:

     H. B. 2425 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2 and §21-1E-3, all relating to requiring employers to provide health insurance to employees working on public improvement projects"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Williams and Argento:

     H. B. 2426 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax for state correctional officer retirees by exempting state correctional officers' retirement income from the federal adjusted gross income for calculating adjusted gross income for state income tax purposes"; to the Committee on Pensions and Retirement then Finance.
By Delegates Caputo, Talbott and Hatfield:

     H. B. 2427 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to requiring contractors awarded state public works construction projects to meet time restrictions for the completion of a public works construction project; defining 'public works construction contract'; providing a monetary penalty for failure to complete a public works construction project on the agreed-upon completion date; providing exceptions in which extensions may be granted; providing limitations upon an increase in contract price, or extension of time to complete a project, in the event of change orders; and directing the Secretary of the Department of Administration to propose legislative rules designed to implement the law"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Campbell, Beach, Fleischauer, Hamilton, Perry, Varner and Canterbury:

     H. B. 2428 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting magistrates to carry concealed handguns without a permit"; to the Committee on the Judiciary.
By Delegates Fleischauer, Schadler, Azinger, Brown, Hamilton, Sobonya, Hatfield and Varner:

     H. B. 2429 - "A Bill to amend and reenact §17C-5B-1 of the Code of West Virginia, 1931, as amended, relating to requiring a preliminary breath analysis for the purpose of determining the blood alcohol content of a surviving driver"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Doyle and Tabb:

     H. B. 2430 - "A Bill to amend and reenact §23-2-1 and §23-2-1a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10 of said code, all relating to providing workers' compensation coverage for certain employees who perform duties attendant to racing activities"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Hatfield, Guthrie, Marshall, Brown, Doyle and Fleischauer:

     H. B. 2431 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2, §16-43-3 and §16-43-4, all relating to creating an emergency contraception education program within the Department of Health and Human Resources"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Sobonya, Sumner, Stephens, Longstreth, Reynolds, Moore, C. Miller, Morgan and Rowan:

     H. B. 2432 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to exempting certain recipients of military medals of valor from special registration fees"; to the Committee on Roads and Transportation then Finance.
By Delegates Caputo, Fleischauer, Manchin, Marshall, Martin, Perdue, Spencer and Hutchins:

     H. B. 2433 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of annual and incremental salary increases for eligible employees from $60 to $100"
; to the Committee on Finance.
By Delegates Ennis, Swartzmiller, Shaver, Varner and Cann:

     H. B. 2434 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to the personal income tax; specifying that income derived from federal military or federal police pensions that have been converted to federal civil service system pensions is treated as federal military or federal police pensions for purposes of the modifications to federal adjusted gross income set forth in article twenty-one, chapter eleven of the code"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Craig, Cann, Michael, Swartzmiller and Paxton:

     H. B. 2435 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to creating a new pay grade classification of 'bus operator II'"; to the Committee on Education then Finance.
By Delegates Longstreth, Fragale, Iaquinta and Martin:

     
H. B. 2436 - "A Bill to amend and reenact §9A-4-2 of the Code of West Virginia, 1931, as amended, relating to including persons who served honorably in the National Guard and reserves or who were discharged because of a service connected disability in the definition of 'eligible veteran' for certain state training and employment preference benefits"; to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
By Delegates Sumner, Duke, Shaver and Romine:

     H. B. 2437 - "A Bill to amend and reenact §18A-4-10d of the Code of West Virginia, 1931, as amended, relating to use of personal leave days by surviving spouse of a deceased employee of a school board in certain circumstances"; to the Committee on Education then Finance.
By Delegates Caputo, Klempa, Morgan and Staggers:

     H. B. 2438 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections, designated §7-18-2a, §7-18-16, §7-18-17, §7-18-18, §7-18-19 and §7-18-20; and to amend and reenact §7-18-3 and §7-18-14 of said code, all relating to the establishment of accredited convention and visitor bureaus and standards for accreditation"; to the Committee on Government Organization then Finance.
By Delegate Staggers:

     H. B. 2439 - "A Bill to amend and reenact §5A-6-8 of the Code of West Virginia, 1931, as amended, relating to providing for the appointment of a commission to undertake a field test of a standardized format for a comprehensive, statewide, integrated system for access to electronic medical records; and to make recommendations regarding the implementation of the system"; to the Committee on Health and Human Resources then Government Organization then the Judiciary.
By Delegate Hamilton:

     H. B. 2440 - "A Bill to amend and reenact §61-6-17 of the Code of West Virginia, 1931, as amended, relating to the insertion of language which defines acts of violence and makes its false reporting a felony"; to the Committee on the Judiciary.
By Delegates Hamilton, Longstreth, Guthrie, M. Poling, Argento, Talbott, Marshall, Martin and Staggers:

     H. B. 2441 - "A Bill to amend and reenact §22A-1-22 of the Code of West Virginia, 1931, as amended, relating to the strengthening of protections for whistleblowers of unsafe working conditions in mines"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Talbott, Caputo and Guthrie:

     H. B. 2442 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1D-1, relating to the agreement among states to elect the president by national popular vote"; to the Committee on the Judiciary.
By Delegates Perry, Boggs, Morgan and Ellem:

     H. B. 2443 - "A Bill to amend and reenact §25-1-17 and §25-1-18 of the Code of West Virginia, 1931, as amended, all relating to monitoring of inmate telephone calls; procedures and restrictions; calls to or from attorneys excepted; monitoring inmate mail; procedures and restrictions; identifying mail from a state correctional institution; mail to or from attorneys excepted"; to the Committee on the Judiciary.
     By Delegates Campbell, Border, Perdue, Webster and White:
     H. B. 2444 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29J-1, §16-29J-2, §16-29J-3, §16-29J-4 and §16-29J-5, all relating to the creation of the Legislative Oversight Commission on Long-Term Care, establishing membership, responsibilities, giving subpoena power, and establishing reporting requirements"; to the Committee on Senior Citizen Issues then Government Organization .
By Delegate Boggs:

     H. B. 2445 - "A Bill to amend and reenact §24-3-3b of the Code of West Virginia, 1931, as amended, relating to railroad safety; requiring the public service commission to undertake additional rulemaking pertaining the safety requirements for railway walkways"; to the Committee on the Judiciary.
By Delegates Barker and Eldridge:

     H. B. 2446 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to providing that utility trailers bear registration plates smaller than registration plates on motor vehicles but larger than plates on motorcycles"; to the Committee on Roads and Transportation then Finance.
By Delegates Doyle, Tabb, Brown, Williams and Wells:

     H. B. 2447 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp, relating to allowing counties and municipalities to establish a child advocacy center authority; providing for the appointment, membership officers, meetings and terms of members; providing for employees, equipment and buildings; setting forth certain powers; providing that counties and municipalities may contribute funds to a child advocacy center; specifying that charitable contributions to these child advocacy center authorities are tax deductible; and requiring each authority to establish facilities in which single interviews of abused and neglected children by interagency representatives may be undertaken at the same time"; to the Committee on Political Subdivisions then the Judiciary then Finance.
By Delegates Doyle, Tabb and Campbell:

     H. B. 2448 - "A Bill to amend and reenact §8-6-1, §8-6-4 and §8-6-5 of the Code of West Virginia, 1931, as amended, all relating to annexation of unincorporated territory; establishing a minimum of one hundred fifty feet of contiguity for annexation by minor boundary adjustment; requiring a minimum of forty persons to petition for annexation without election; and allowing any freeholder who owns twenty-five acres or more to opt out of any annexation"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Schoen, Sobonya, Sumner, Overington and J. Miller:

     H. B. 2449 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, relating to the verification of lawful presence within the United States of any person applying for state, local or federal public benefits"; to the Committee on the Judiciary then Finance.
By Delegates Schoen and Porter:

     H. B. 2450 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to devices on motor vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Barker:

     H. B. 2451 - "A Bill to amend and reenact §33-20-3 of the Code of West Virginia, 1931, as amended, relating to prohibiting the use of credit scoring as a consideration in calculating insurance rates in homeowners or automobile liability policies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Eldridge, Reynolds, Varner, Rodighiero, Stephens, Fragale, Argento and Moore:

     H. B. 2452 - "A Bill to amend and reenact §61-8D-1 of the Code of West Virginia, 1931, as amended, relating to child abuse and neglect; providing that a child born addicted to a controlled substance constitutes child abuse"; to the Committee on the Judiciary.
By Delegates J. Miller and Cowles:

     H. B. 2453 - "A Bill to amend and reenact §11-21-8 of the Code of West Virginia, 1931, as amended, relating to personal income tax; tax credits for scholarship donations"; to the Committee on Education then Finance.
By Delegates Doyle, Brown, Fleischauer, Hutchins, Klempa, Marshall, Michael, Moore and Webster:

     H. B. 2454 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age and sexual orientation; and defining sexual orientation"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Boggs, Lane, Sobonya, Ellem and Schoen:

     H. B. 2455 - "A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9; and to amend said code by adding thereto a new section, designated §16-2F-8a, all relating to parental notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring proof of age prior to an abortion; providing for substitute notification in certain instances; modifying physician reporting requirements; providing for criminal penalties; providing for preservation of fetal tissue in instances of sexual assault; and providing for severability"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, Fleischauer, Fragale, Spencer, Ashley and Rowan:

     H. B. 2456 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-3 and §49-6-5 of said code, all relating to child abuse and neglect generally; defining terms; expanding definition of imminent danger to the physical well-being of a child; prohibiting parents, guardians and custodians from allowing access to children by certain persons; and the obligation of the Department of Health and Human Resources to attempt to preserve the family in temporary and permanent custody determinations"; to the Committee on the Judiciary.
By Delegates Walters, Ashley and Hartman:

     H. B. 2457 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-4-22, relating to requiring group insurance companies and third party administrators to furnish claims experience to policyholders"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Marshall, Beach, Fleischauer and Manchin:

     H. B. 2458 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to reinstating the sales tax exemption for comprehensive community mental health care centers and comprehensive mental retardation facilities"; to the Committee on Health and Human Resources then Finance.
By Delegates Eldridge and Rodighiero:

     H. B. 2459 - "A Bill to amend and reenact §60-3-9d of the Code of West Virginia, 1931, as amended, relating to increasing the tax on purchases of intoxicating liquors outside corporate limits of municipalities from five percent to six percent, with the increase being deposited into the Regional Jail Operations Partial Reimbursement Fund for distribution to counties"; to the Committee on Political Subdivisions then Finance.
By Delegates Eldridge, Rodighiero and Stephens:

     H. B. 2460 - "A Bill to amend and reenact §5A-11-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5B-2A-6 of said code, all relating to prohibiting mining on cemetery land and the inclusion of surface mining on cemeteries in community impact statements"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Martin, Argento, Caputo, Eldridge, Morgan, Talbott and Walters:

     H. B. 2461 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §5B-2-9a, §5B-2-9b, §5B-2-9c and §5B-2-9d, all relating to creating a State Trail Authority within the Development Office; authorizing the authority to appoint a Statewide Trail Coordinator and to hire District Trail Coordinators; specifying the powers of the state Trail Authority; and specifying powers and duties of Statewide Trail Coordinator and District Trail Coordinators"; to the Committee on Government Organization then Finance.
By Delegates Martin and Schoen:

     H. B. 2462 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-15, relating to county commissions generally; authorizing county commissions to adopt noise abatement ordinances; violation of such ordinance to constitute a misdemeanor; and authorizing penalty for violation"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ellem and Schadler:

     H. B. 2463 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-8-104a, relating to providing that adultery shall be a bar to alimony in a divorce proceeding"; to the Committee on the Judiciary.
By Delegates Spencer, Hatfield, Guthrie, M. Poling and Morgan:

     
1H. B. 2464 - "A Bill to amend and reenact §3-3-1 of the Code of West Virginia, 1931, as amended, relating to early voting and authorizing county commissions to designate voting locations other than the county courthouse or annex of the courthouse"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ellem, Sobonya, Lane and Ashley:

     H. B. 2465 - "A Bill to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to providing that certain conditions are imposed on persons who are convicted of failing to register as sex offenders"; to the Committee on the Judiciary then Finance.
By Delegates Ellem, D. Poling, Azinger, Border and Anderson:

     H. B. 2466 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding one magistrate to Wood County"; to the Committee on the Judiciary then Finance.
By Delegates Sumner, Porter and Canterbury:

     H. B. 2467 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing for special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for Mountain State University"; to the Committee on Roads and Transportation then Finance.
By Delegates Iaquinta, Brown, Hartman, Crosier, Ireland, Miley, Talbott, Longstreth and Azinger:

     H. B. 2468 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to allowing a disabled veteran one additional license plate"; to the Committee on Roads and Transportation then Finance.
By Delegates Barker, Campbell, Crosier, Canterbury, Stephens, Argento and Varner:

     H. B. 2469 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11, §15-14-12 and §15-14-13, all relating to illegal immigration; creating the West Virginia Taxpayer and Citizen Protection Act of 2009; stating legislative purpose; making certain acts unlawful; preserving provision of certain benefits and services; providing penalties; identification documentation; requiring issuance of identification documents to certain persons; providing exceptions; stating period of validity; providing for renewal under certain circumstances; providing exception for certain documents; providing presumption of validity for renewal, duplication or reissuance of driver licenses; requiring determination of citizenship status for persons charged with certain crimes; requiring verification of persons determined to be a foreign national; providing time limitation for verification; requiring notification to certain entities; providing rebuttable presumption that certain persons are a flight risk; defining terms; requiring participation in certain verification systems; prohibiting certain persons from entering into contracts after certain dates; providing exceptions; establishing certain discriminatory practices; providing exceptions; limiting certain cause of actions; requiring agencies and political subdivisions to verify lawful presence of persons applying for certain benefits; providing for nondiscriminatory treatment; excluding verification under certain circumstances; requiring execution of affidavits; requiring certain applicants to be verified through the Systematic Alien Verification for Entitlement Program; making certain actions subject to certain criminal penalties; authorizing adoption of variations to stated requirements; requiring certain entities to submit an annual compliance report; requiring certain entities to monitor certain program; requiring publication of annual reports and certain recommendations; requiring certain entities to submit a report of errors to certain agencies; requiring certain withholding of state income tax under certain circumstances; providing for tax liability for noncompliance; preventing certain misinterpretation; directing the Attorney General to negotiate terms of certain memorandum; requiring certain signatures; prohibiting certain actions by government entities; authorizing private rights of action under certain circumstances; requiring that certain persons be ineligible for postsecondary education benefits or resident tuition; providing exception for persons enrolled during or before certain school years; establishing a Fraudulent Documents Identification Unit within the West Virginia State Police subject to availability of funding; stating purposes; stating duties; providing for employment of sufficient employees; requiring certain periods of residence while attending certain schools; requiring satisfaction of certain admission standards; requiring presentation of certain documentation or filing of certain affidavits; requiring presentation of certain documents after filing of certain affidavits; requiring maintenance of documentation in certain records; providing qualifications for meeting certain criteria; prohibiting certain additional conditions for persons enrolled during or before certain school years; and providing an effective date"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Williams, Shaver, Perry, Hartman, Romine, Michael and Sumner:

     H. B. 2470 - "A Bill to amend and reenact §11-15-11 of the Code of West Virginia, 1931, as amended, relating to consumer sales tax exemptions"; to the Committee on Education then Finance.
By Delegates Caputo, Argento, Azinger, Talbott, White, D. Poling and Williams:

     H. B. 2471 - "A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in compensation for conservation officers"; to the Committee on Natural Resources then Finance.
By Delegates Caputo, Duke, Martin, Swartzmiller, Argento and Boggs:

     H. B. 2472 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-53, relating to the establishment of a West Virginia State Trooper's Association leave donation program"; to the Committee on Government Organization then the Judiciary.
By Delegates Webster, Miley, Brown, Caputo, Longstreth, Fleischauer, Moore and Guthrie:

     H. B. 2473 - "A Bill to amend and reenact §23-2C-2 and §23-2C-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-2-10 of said code, all relating to defining terms; the Insurance Commissioner's rule-making authority for workers' compensation; and requiring legislative rules"; to the Committee on the Judiciary.
By Delegates Argento, Talbott, Martin, Staggers, Evans, Williams, Tabb, C. Miller and Beach:

     H. B. 2474 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule-making authority to promulgate rules after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from an aquaculture facility"; to the Committee on Agriculture then the Judiciary.
By Delegates Eldridge, Iaquinta, Argento, Rodighiero, Perdue, Perry, Paxton and Shaver:

     H. B. 2475 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia,1931, as amended, relating to permitting retired state employees to transfer from Medicare to coverage through the West Virginia Public Employees Act"; to the Committee on Pensions and Retirement then Finance.
By Delegates C. Miller, Ashley, Porter, Sumner, Carmichael and Sobonya:

     H. B. 2476 - "A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the corporate net income tax rate to five point nine percent effective July 1, 2009";
to the Committee on Finance.
By Delegates Shook and Varner:

     H. B. 2477 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5 and §1-7-6, all relating to the freedom of religion of West Virginians"; to the Committee on the Judiciary.
By Delegates Perdue, Hatfield, Caputo, Boggs, Fleischauer, D. Poling, Klempa, Martin, Ellem and Staggers:

     H. B. 2478 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2 and §21-1E-3, all relating to requiring employers working on public improvement projects to show at least eighty percent of the employees working on the project are covered by a policy of health insurance project, or at least eighty percent of the hours worked on the project will be by employees who are covered by a policy of health insurance"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Michael:

     H. B. 2479 - "A Bill to amend and reenact §30-18-1, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 and §30-18-13 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto three new sections, designated §30-18-4a, §30-18-7a and §30-18-14, all relating to the licensing of private investigators and security guards; registration of private investigative and security guard employees; exemption for federal and federally trained officers; prohibited acts; penalties for late registration; and fees and charges for services of the Secretary of State"; to the Committee on the Judiciary.
By Delegates Iaquinta, Longstreth, Caputo, Ennis, Fragale, Ireland and Swartzmiller:

     H. B. 2480 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military income from personal income taxes beginning in 2010"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Doyle, Campbell, Tabb, Duke and Manchin:

     H. B. 2481 - "A Bill to repeal §18B-10-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-6-4a of said code; to amend and reenact §5G-1-2 of said code; to amend and reenact §12-3-5 and §12-3-8 of said code; to amend and reenact §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and reenact §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend and reenact §18B-10-1, §18B-10-6 and §18B-10-6a of said code, all relating to providing more flexibility and freedom to all publicly funded state institutions of higher education for running its respective colleges and universities"; to the Committee on Education then Finance.
By Delegates Webster, Staggers, Varner, Fleischauer, Brown, Guthrie, Hatfield and Doyle:

     H. B. 2482 - "A Bill to amend and reenact §5-16-13 of the Code of West Virginia, 1931, as amended, relating the spouse and dependent insurance coverage under the West Virginia Public Employees' Insurance Act; requiring coverage of pregnancy related conditions for covered spouses and dependents, when pregnancy related benefits are extended to covered employees by a group insurance plan; and providing that such coverage is excess or secondary coverage for each spouse and dependent who has primary coverage from any other source"; to the Committee on Banking and Insurance then Finance.
By Delegates Sobonya, Hamilton, Schadler, C. Miller, Overington, Evans and Canterbury:

     H. B. 2483 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the first $20,000 of state pensions and social security benefits from West Virginia personal income tax"; to the Committee on Pensions and Retirement then Finance.
By Delegate Doyle:

     H. B. 2484 - "A Bill to amend and reenact §11-16-8 of the Code of West Virginia, 1931, as amended, relating to permitting the sale of nonintoxicating beer within three hundred feet from a church that consents to the sale"; to the Committee on the Judiciary.
     By Delegates Border and Perdue:
     
H. B. 2485 - "A Bill to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5 and 60A-10-8 of the Code of West Virginia, 1931, as amended, all relating to persons who may sell pseudoephedrine and other chemical precursors of methamphetamine"; to the Committee on Health and Human Resources then the Judiciary.

House Calendar

First Reading

     The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
     Com. Sub. for H. B. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff,
     And,
     Com. Sub. for H. B. 2306, Relating to impersonation of a public official or employee.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate Spencer.
     At 11:28 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 17, 2009.

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