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House Journal


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


__________*__________




Thursday, February 19, 2009

NINTH DAY

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

                              

     The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Wednesday, February 18, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Argento, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration:
     H. B. 2152, Agriculture, Schedule of Charges for Inspection Services,
H. B. 2183, Agriculture, Animal Disease Control,

     H. B. 2184, Agriculture, Disposal of Dead Poultry,
     And,
     H. B. 2185, Agriculture, Commercial Feed,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2152, H. B. 2183, H. B. 2184 and H. B. 2185) were each referred to the Committee on the Judiciary.
     Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration:
     H. B. 2172, Natural Resources, Boating Rules,
     H. B. 2173, Natural Resources, Deer Hunting Rules,
     And,
     H. B. 2174, Natural Resources, Lifetime Hunting, Trapping and Fishing Licenses,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2172, H. B. 2173 and H. B. 2174) were each referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 2209, Insurance Commission, Continuing Education for Individual Insurance Producers,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2209) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     H. B. 2210, Insurance Commission, Preneed Life Insurance Minimum Standards,
     And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2210) was referred to the Committee on the Judiciary.
     Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     H. B. 2168, Labor, Packaging and Labeling,

     H. B. 2169, Labor, Method of Sale of Commodities,
     H. B. 2170, Labor, Manufactured Housing Construction and Safety Standards Board,
     H. B. 2171, Labor, Weights and Measures Calibration Fees,
     H. B. 2211, Labor, Standards for Weights and Measures Inspectors,
     H. B. 2212, Labor, Amusement Rides and Attractions Safety Act,
     And,
     H. B. 2213, Labor, Elevator Safety Act,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2168, H. B. 2169, H. B. 2170, H. B. 2171, H. B. 2211, H. B. 2212 and H. B. 2213) were each referred to the Committee on the Judiciary.
     Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
     Your Committee on Roads and Transportation has had under consideration:
     H. B. 2217, Motor Vehicles, Denial, Suspension, Revocation, Restriction or Nonrenewal of Driving Privileges,
And,

     H. B. 2225, Rehabilitation Services, Low Vision Driver Training Program,
     And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (H. B. 2217 and H. B. 2225) were each referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     H. B. 2227, Secretary of State, Administration of the Address Confidentiality Program,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2227) was referred to the Committee on the Judiciary.
     Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following report, which was received:
     Your Committee on Senior Citizen Issues has had under consideration:
     H. B. 2504, Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons,             
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2504) was referred to the Committee on the Judiciary.
     Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration:
     H. B. 2191, Dental Examiners, Rules for the Board,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (H. B. 2191) was referred to the Committee on the Judiciary.
Resolutions Introduced

     Delegates Fleischauer, Iaquinta, Longstreth, Stephens and Azinger offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 7 - "Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges, and issues facing West Virginia veterans returning from recent service and those generations that have served before for the purpose of making recommendations on how the State of West Virginia can better assist them in getting the care and opportunities they deserve."
     Whereas, The State of West Virginia's Legislative Select Committee B- Veterans' Issues has been continuously receiving testimony from veterans, local health care providers, social workers, and educational services personnel identifying the current state of affairs in post- deployment services available to veterans; and
     Whereas, The State of West Virginia's Legislative Select Committee B- Veterans' issues and the Joint Committee on Government and Finance commissioned in 2007 a statewide veterans survey and questionnaire in conjunction with the Department of Veterans' Affairs and West Virginia University; and
     Whereas, This survey has earned West Virginia national publicity as a leading state in developing policy and financial solutions to better aid veterans in their challenges of returning to post-deployment life; and
     Whereas, The data from this survey illustrated that many veterans were either dissatisfied with or unable to receive the treatment options that are currently available or that they may be eligible for; and
     Whereas, The data also showed that recently returned veterans are highly interested and motivated to seek higher education, but face certain limitations in doing so; and
     Whereas, These veterans are facing struggles, injuries, and mental and physical health care issues that are unprecedented and outside the scope of care of current services; and
     Whereas, The federal and state veterans care facilities, many public and private medical care facilities, and volunteer organizations are becoming inundated with the influx of veterans in need of care; and
     Whereas, Many of the state's institutions of higher learning have begun offering programs aimed at providing veterans with educational assistance including financial assistance, campus counseling, and aid in the transition from military life to student life; and
     Whereas, Generations of veterans from all services have called West Virginia home as West Virginia has one of the highest numbers of active duty and injured soldiers per capita in the nation; and
     Whereas, It is important that all eligible veterans receive the honor, treatment, and care they so richly deserve for volunteering their lives to the protection of this country and its institutions; and
     Whereas, The State of West Virginia should remain committed to showing its gratitude of these service men and women by continuing its endeavor of developing and enhancing services aimed at providing eligible veterans with mental and physical healthcare and education opportunities; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee of Government and Finance is hereby requested to review, examine, and study the status of the ongoing challenges facing all of West Virginia's veterans; and, be it
     Further Resolved, That the Division of Veterans Affairs, our Congressional Delegation, and the State National Guard be enlisted to provide recommendations on how the State of West Virginia can continue to assist in ensuring that our veterans get the care they need and that their rights, benefits, and dignity are protected; and, be it
     Further Resolved, That the findings and recommendations resulting from the study be presented and reported to the Joint Committee as soon as possible, and on a periodic basis as determinations are made regarding findings and recommendations, together with the drafts of any proposed legislation and funding estimates that may be necessary to effectuate such recommendations, in the event that such recommendations could be adopted during a special session; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is urged to consider the passage of House and Senate rule changes that would create a standing committee assigned to accept reports, testimony and continue studying how to improve the status of West Virginia veterans, or in the alternative, that the Joint Committee appoint a Select Committee for the same purposes; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Fleischauer, Iaquinta, Longstreth, Stephens, and Azinger offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 8 - "Requesting that public and private colleges and universities in the State of West Virginia submit plans to the Joint Committee on Government and Finance on how their campuses can be made more military or veteran friendly."
     Whereas, The Legislative Interim Select Committee B- Veterans' Issues has received and considered testimony from veterans, local health care providers, social workers and educational services personnel identifying the current state of affairs in post-deployment services available to veterans; and
     Whereas, Testimony of veterans and experts also revealed that these veterans are highly interested and motivated to seek higher education, but face many limitations unique to veterans in doing so; and
     Whereas, These veterans are facing struggles, injuries and mental and physical health care issues that are unprecedented and outside the scope of care of current student services; and
     Whereas, Many of the state's institutions of higher learning have begun offering programs aimed at providing veterans with educational assistance including financial assistance, campus counseling, and aid in transition from military life to student life; and
     Whereas, Generations of veterans from all services have called West Virginia home as West Virginia has one of the highest numbers of active duty and injured soldiers per capita in the nation; and
     Whereas, It is important that all eligible veterans receive the honor, treatment and care they so richly deserve for volunteering their lives to the protection of this country and its institutions; and
     Whereas, The State of West Virginia should remain committed to showing its gratitude of these service men and women by continuing its endeavor of developing and enhancing services aimed at providing eligible veterans with mental and physical healthcare and education opportunities; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the public and private colleges and universities in this state are requested to develop plans on how each campus can be made more "military or veteran friendly". Components in these plans would include, but not be limited to, devising methods of lowering the bureaucratic barriers facing veterans in enrollment, reenrollment, financial aid and transitioning into the educational process; appointing veterans' advocates and providing training for them in as many institutional units as is feasible; designing an area on campus for veterans to congregate and assisting veterans in gaining knowledge about all the benefits available to them and applying for such benefits; and, be it
     Further Resolved, That the plans prepared by the colleges and universities be submitted on or before October 1, 2009, to the Joint Committee on Government and Finance for dissemination to interim committees dealing with issues relating to veterans and higher education.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Rodighiero and Reynolds:

     H. B. 2655 - "A Bill to amend and reenact §5-16-23 of the Code of West Virginia, 1931, as amended, relating to participation in the Public Employees Health Insurance plan"; to the Committee on Banking and Insurance then Finance.
By Delegate Shook:

     H. B. 2656 - "A Bill to amend and reenact §44-1-14 of the Code of West Virginia, 1931, as amended, relating to appraisement of estates of deceased persons; providing that personal representatives of estates in wrongful death actions need not file appraisements; and that such settlements or jury awards are nonprobate assets of an estate"; to the Committee on the Judiciary.
By Delegates Shaver, Mahan, Varner, Pethtel, Argento, Perry, Martin, Williams and Talbott:

     H. B. 2657 - "A Bill to amend and reenact §3-5-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-4a of said code, all relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates"; to the Committee on the Judiciary then Finance.
By Delegates Boggs, Butcher, Manypenny, Martin, D. Poling, Rowan, Skaff and Swartzmiller:

     H. B. 2658 - "A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-1-20 of said code; and to amend and reenact §30-1-17 of said code, all relating to requiring state offices, agencies, boards and commissions to submit annual reports electronically; and requiring electronic copies to be submitted to the Legislative Manager in certain circumstances"; to the Committee on Government Organization.
By Delegates Shaver, Mahan, Varner, Perry, Martin and Argento:

     H. B. 2659 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4 and §20-16-5, all relating to creating the Broadcast Employees Freedom to Work Act; short title; definitions; prohibiting employment with condition that employee refrain from other employment in broadcasting in a fifty to one hundred mile area; civil penalties for violation; and providing that waiver is prohibited"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Perry, Shook, Moore and Reynolds:

     H. B. 2660 - "A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to prepaid limited health service organizations; and adding dental, vision, pharmaceutical and podiatric services to those services that may be offered by prepaid limited health service organizations"; to the Committee on Banking and Insurance then Health and Human Resources.
By Delegates Pethtel, Williams, Ennis, Perry, Kominar, Evans, Azinger, Stephens and Varner:

     H. B. 2661 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2C-7, relating to roads used by multiple families shall be included in the state road system"; to the Committee on Roads and Transportation then Finance.
By Delegate Reynolds:

     H. B. 2662 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1-47, relating to a requirement that election officials, poll clerks and poll workers must vote in the precincts where they are registered"; to the Committee on the Judiciary.
By Delegate Shook:

     H. B. 2663 - "A Bill to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for all parking violations"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Shook:

     H. B. 2664 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-1a; to amend and reenact §17C-5-2; to amend and reenact §17C-5A-2 and §17C-5A-3a of said code; to amend and reenact §61-11-22 of said code; to amend and reenact §62-11A-1a of said code; and to amend and reenact §62-11C-1 and §62-11C-5 of said code, all relating to reducing recidivism of offenders convicted of driving under the influence of alcohol through mandated participation in the Motor Vehicle Alcohol Test and Lock Program for all offenders; through mandated license sanctions; through removal of expungement provisions for offenders under twenty-one years of age; through the imposition of staggered sentencing; through offender participation in community corrections programs; through mandated guilty or nolo contendere plea in pretrial diversion agreements; and through oversight of dedicated drug and alcohol courts"; to the Committee on the Judiciary.
By Delegate Eldridge:

     H. B. 2665 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-5A-3a, relating to authorizing mixed martial arts competitions; and authorizing the State Athletic Commission propose rules"; to the Committee on Government Organization then the Judiciary.
By Delegate Eldridge:

     H. B. 2666 - "A Bill to amend and reenact §48-1-202, §48-1-204, §48-1-205, §48-1-210, §48-1-228, §48-1-230, §48-1-237, §48-1-239, §48-1-244, §48-1-302, §48-1-303, §48-1-305 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-9-101, §48-9-102, §48-9-201, §48-9-202, §48-9-203, §48-9-204, §48-9-205, §48-9-206, §48-9-207, §48-9-209, §48-9-401, §48-9-402, §48-9-403, §48-9-501, §48-9-601 of said code; and to amend and reenact §61-2-14d of said code, all relating to changing some processes and orders when determining child custody disputes; and providing misdemeanor and felony penalties if a person fails to make a reasonable, good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period"; to the Committee on the Judiciary.
By Delegates Butcher, Eldridge, Stowers, Barker and Walker:

     H. B. 2667 - "A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to the prohibition of disclaimers of certain warranties and remedies with respect to certain consumer transactions; and providing certain exceptions with respect to the sale of used motor vehicles by licensed used and new motor vehicle dealers"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Butcher, Eldridge, Stowers, Barker, Argento and Moore:

     H. B. 2668 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-9b, relating to establishing a lottery scratch-off game for the benefit of West Virginia firefighters; creating a fund; and providing for legislative rule and expenditures from the fund"; to the Committee on the Judiciary then Finance.
By Delegates Butcher, Barker, Stowers, Walker, Eldridge, Rodighiero, Louisos, Argento and Moore:

     H. B. 2669 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to providing an exemption from gross income for certain members of volunteer fire departments, for state personal income tax purposes"; to the Committee on Finance.
By Delegates Rodighiero, Eldridge, Reynolds, Stephens, Wells, Guthrie and Hatfield:

     H. B. 2670 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-22, relating to salary increase for school personnel"; to the Committee on Education then Finance.
By Delegates Hamilton, Argento, Canterbury, Azinger and Evans:

     H. B. 2671 - "A Bill to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to criminal penalties for methamphetamine and immediate precursors to methamphetamine"; to the Committee on the Judiciary.
By Delegates Hamilton and Canterbury:

     H. B. 2672 - "A Bill to amend and reenact §61-3-39c of the Code of West Virginia, 1931, as amended, relating to dishonor of checks presented for payment"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Reynolds, Stephens, Morgan, Rodighiero, Miley, Eldridge, Boggs and Perdue:

     H. B. 2673 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to leaving children unattended or unsupervised in motor vehicles; penalty; and the authority of a law-enforcement officer"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Reynolds, Rodighiero and Stephens:

     H. B. 2674 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-22, relating to authorizing the Supreme Court of Appeals to promulgate rules to establish and implement a uniform bail schedule"; to the Committee on Government Organization then the Judiciary.
By Delegates Sobonya, Rowan and Reynolds:

     H. B. 2675 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-8F-1, §61-8F-2, §61-8F-3, §61-8F-4, §61-8F-5, §61-8F-6 and §61-8F-7, all relating to the operation and activities of sexually oriented businesses; criminal penalties"; to the Committee on the Judiciary.
By Delegates Sobonya, Sumner, Rowan, C. Miller, Lane and J. Miller:

     
H. B. 2676 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c, relating to prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles except for ceremonial purposes; prohibiting elected or appointed officials from placing their name or likeness on trinkets paid for with public funds; prohibiting elected or appointed officials from using public funds to distribute certain published materials bearing their name or likeness within sixty days prior to a primary or general election in which a public official is a candidate; definitions; exceptions"; to the Committee on the Judiciary.
By Delegates Doyle and Tabb:

     
H. B. 2677 - "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to increasing the number of magistrates in Jefferson County by one"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Guthrie, Doyle, Moore, Brown, Hatfield and Varner:

     H. B. 2678 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to unemployment compensation generally and providing for the payment of unemployment compensation when a person misses work due to domestic violence"; to the Committee on the Judiciary then Finance.
By Delegates Carmichael, Walters and Schoen:

     H. B. 2679 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-27-38, relating to providing a tax credit to medical providers in an amount equal to their investment in electronic medical records technology"; to the Committee on Health and Human Resources then Finance.
By Delegates Beach and Canterbury:

     
H. B. 2680 - "A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to the environmental protection advisory council generally; increasing the membership of the council to nine members, specifying represented organizations and entities; and making certain procedural changes in board activities"; to the Committee on Government Organization.
By Delegates Carmichael, Ellem, Doyle, Canterbury and Blair:

     H. B. 2681 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §11-16-13 of said code; and to amend and reenact §11-17-3 of said code, all relating to taxation; eliminating the consumer sales and service tax on food; increasing the tax on nonintoxicating beer per barrel from $5.50 to $6.35; increasing the rate of tax on cigarettes from $0.55 to $1.35; increasing the excise tax on noncigarette tobacco products from seven percent to fourteen percent; and providing for the dedication of $5 million of the revenue for the first year to the Department of Agriculture"; to the Committee on Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

     H. B. 2682 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6, §24- 2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-2F-12, all relating to an alternative and renewable energy portfolio standard; setting forth legislative findings; defining terms; establishing standards for the sale of electricity generated from alternative and renewable energy resources; providing for compliance assessments; creating a system of tradeable alternative and renewable energy resource credits; providing for the awarding of credits based upon electricity generated from alternative and renewable energy resource facilities; providing for the awarding of credits for certain greenhouse emissions reduction and offset projects; providing for the awarding of credits for certain energy efficiency and demand-side energy initiative projects; requiring application to the Public Service Commission for approval of alternative and renewable energy portfolio standard compliance plans; setting forth minimum requirements for compliance plan applications; requiring Public Service Commission approval of compliance plan applications; requiring annual progress reports; providing for incentive rate-making for investments in new alternative and renewable energy resource facilities in West Virginia; requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards; authorizing the Public Service Commission to enter interagency agreements to meet its requirements under this article; requiring an ongoing assessment of alternative and renewable energy resources in West Virginia; establishing the Alternative and Renewable Energy Resources Research Fund; providing for the awarding of matching grants for certain research projects; and authorizing the Public Service Commission to promulgate rules"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Boggs, Campbell, Craig, Swartzmiller and Walters:

     H. B. 2683 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to increasing the amount allocated from the wireless enhanced 911 fee to be deposited into the Enhanced 911 Wireless Tower Access Assistance Fund and distributed by the Public Service Commission to subsidize the construction of wireless towers; providing definitions"; to the Committee on Government Organization then Finance.
By Delegates Moore, Webster, Brown, Overington and Schadler:

     H. B. 2684 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-15-1, §62-15-2, §62-15-3, §62-15-4, §62-15-5, §62-15-6, §62- 15-7, §62-15-8, §62-15-9, §62-15-10, §62-15-11, §62-15-12, and §62-15-13, all relating to the enactment of the 'West Virginia Drug Offender Accountability and Treatment Act'; providing for the structure of drug courts; targeting, eligibility and participation in drug courts by offenders; providing treatment and services to participants; establishing of drug testing procedures; providing oversight by the supreme court of appeals; collecting and maintaining information on drug court candidates and participants; funding; providing for immunity from liability; and enforcing the act's provisions"; to the Committee on the Judiciary then Finance.
By Delegates Blair, Guthrie and Walters:

     H. B. 2685 - "A Bill to amend and reenact §44B-4-409 of the Code of West Virginia, 1931, as amended; to amend and reenact §44B-5-505 of said code; and to amend said code by adding thereto a section, designated §44B-6-606, all relating to amending the Uniform Principal and Income Act; compliance with IRS comments regarding allocation of IRA distributions; clarify the formula for calculating how much a trust needs to distribute and how much it can use to pay taxes; and effective dates of amendments"; to the Committee on the Judiciary then Finance.
By Delegates Walker, D. Poling, Caputo, Boggs, Klempa, Ferro, Butcher, Stephens and Hutchins:

     H. B. 2686 - "A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to requiring twenty consecutive minutes for meal breaks and requiring fifteen minute rest periods for employees during each four hours of work"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Boggs, Campbell, Craig, Swartzmiller and Walters:

     H. B. 2687 - "A Bill to amend and reenact §31-15A-2 and §31-15A-7 of the Code of West Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia Infrastructure Fund; providing definitions; specifying that infrastructure projects providing broadband services facilities be included in infrastructure projects eligible for funding; including the feasibility of inclusion of broadband transmission lines concomitant with the construction of new roads; providing that construction of broadband transmission lines may be funded from the infrastructure road improvement reserve account within the infrastructure fund; removing the limitation of the amount of funds which may be annually transferred to the account"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.


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. 2309, Updating the law governing the practice of occupational therapy,
     And,
     Com. Sub. for H. B. 2419, Providing inmates a reduction in sentence for completion of education and rehabilitation programs.
     At 11:32 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 20, 2009.
                                        
     

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