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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)
hdj2009-02-23-13


__________*__________





Monday, February 23, 2009

THIRTEENTH 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 20, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the introduction of a resolution.
Resolutions Introduced

Delegates Frazier and Porter offered a resolution, which was read by the Clerk as follows:
H. R. 12 - "Recognizing the City of Princeton's Centennial."
Whereas, The City of Princeton, founded in 1837 to serve as the county seat, and named after Revolutionary War General Hugh Mercer, was the first organized town in Mercer County. The City of Princeton was incorporated on February 20, 1909 and began its Centennial Celebration on February 20, 2009; and
Whereas, Princeton has been more a city of adversity than other sections of Mercer County. It was burned to the ground in 1862 by Confederate soldiers and had bitter fights with Athens and Bluefield over the location of the courthouse; and
Whereas, Princeton has grown from a village to a city and hub of commerce starting with the Virginian Railway, known as "the Richest Little Railroad in the World" to other manufacturing endeavors such as North American Rockwell and others; and
Whereas, Princeton is also involved with the arts, entertainment and health care. It boasts the Chuck Mathena Center for the arts, and is home to the Princeton Rays, an affiliate of the Tampa Bay Rays. Princeton is proud to be the smallest town in North America to have a professional baseball team. Princeton has a modern Princeton Community Hospital and the Princeton Health and Fitness Center; a new, state of the art public library is under construction; and
Whereas, The City of Princeton has embarked on a new era of re-invention, restoration and rejuvenation with efforts to build a replica of the Virginian passenger station and the East Mercer Streetscape Project; and
Whereas, Two of Princeton's favorite citizens are Rod Thorn, WVU All-American and NBA player and outstanding executive who is now General Manager of the New Jersey Nets and Ken Kendrick, majority owner and managing partner of the Arizona Diamondbacks; and
Whereas, Princeton demonstrates its resilience by meeting its challenges head on and positioning itself for future growth while still keeping the city "a comfortable and pleasant place in which to live"; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the City of Princeton on its Centennial; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Mayor of the City of Princeton, West Virginia.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2360, Insuring that tobacco products are not sold in any packaging other than the original,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2360 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to the sale of cigarettes; prohibiting the sale of cigarettes in anything other than original factory-wrapped packaging; prohibiting the sale or distribution of cigarettes in any form other than its original factory packaging; requiring warning on all cigarette packages; prohibiting the sale of individual cigarettes; prohibiting the sale of any cigarettes in a packaging that does not reflect the required warning labels; and providing misdemeanor penalty,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2499, Requiring the Department of Environmental Protection to remediate any waste tire pile in the state consisting of more than twenty-five tires,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2499) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration: H. B. 2528, Updating the regulation of the practice of forestry,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2528 - "A Bill to amend and reenact §30-19-1, §30-19-2, §30-19-3, §30-19-4, §30-19-5, §30-19-6, §30-19-7, §30-19-8, §30-19-9, §30-19-10 and §30-19-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto seven new sections, designated §30-19-12, §30-19-13, §30-19-14, §30-19-15, §30-19-16, §30-19-17 and §30-19-18, all relating to State Board of Registration of Foresters; prohibiting the use of the titles registered forester and registered forestry technician; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule making authority; continuing a special revenue account; establishing certificate and permit requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements,"
H. B. 2529, Relating to the practice of environmental health science and public health sanitation,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2529 - "A Bill to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10 and §30-17-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto nine new sections, designated §30-17-12, §30-17-13, §30-17-14, §30-17-15, §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20, all relating to the State Board of Sanitation; prohibiting the practice of environmental health science without a license; prohibiting the practice of public health sanitation without a certificate; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license, permit and certificate requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements,"
H. B. 2531, Updating the regulation of the practice of barbers and cosmetologists,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2531 - "A Bill to repeal §16-14-1, §16-14-2, §16-14-3 and §30-27-10a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-27-1, §30-27-2, §30-27- 3, §30-27-4, §30-27-5, §30-27-6, §30-27-7, §30-27-8, §30-27-9, §30-27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-15, §30-27-16, §30-27-17 and §30-27-18; and to amend said code by adding thereto six new sections, designated §30-27-19, §30-27-20, §30-27-21, §30-27-22, §30- 27-23 and §30-27-24, all relating to the Board of Barbers and Cosmetologists; prohibiting the practice of barbering, permanent waving, cosmetology, aesthetics, or nail care without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; prohibiting practice when a person has an communicable disease; providing requirements for school licensure; providing requirement to be an instructor; providing requirements for a salon license; providing salon management requirements; providing booth and chair rental requirements; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements,"
H. B. 2532, Creating licensure for Marriage and Family Therapists,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2532 - "A Bill to repeal §30-31-7a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-31-1, §30-31-2, §30-31-3, §30-31-4, §30-31-5, §30-31-6, §30-31-7, §30-31-8, §30-31-9, §30-31-10, §30-31-11, §30-31-12, §30-31-13, §30-31-14 and §30-31-15; and to amend said code by adding thereto two new sections, designated §30-31-16 and §30-31-17, all relating to the Board of Examiners of Counseling; prohibiting the practice of counseling and marriage and family therapy without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; establishing renewal requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing for privileged communication and providing that a single act is evidence of practice,"
And,
H. B. 2533, Updating the law governing the practice of veterinary medicine,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2533 - "A Bill to repeal §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30-10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12, §30-10-13, §30-10-14, §30-10-15, §30-10-16, §30-10-17, §30-10-18, §30-10-19 and §30-10-20; and to amend said code by adding thereto three new sections, designated §30-10-21, §30-10-22 and §30-10-23, all relating to the Board of Veterinary Medicine; prohibiting the practice of veterinary medicine without a license; prohibiting the practice of veterinary technology with a certificate; prohibiting the practice of animal euthanasia without a registration; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license, certificate and registration requirements; creating a scope of practice; establishing requirements for an animal euthanasia training program; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing for privileged communication and providing that a single act is evidence of practice,"
With the recommendation that the committee substitutes each do pass, and with the recommendation that second reference of the bills to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for H. B. 2528, Com. Sub. for H. B. 2529, Com. Sub. for H. B. 2531, Com. Sub. for H. B. 2532 and Com. Sub. for H. B. 2533) to the Committee on the Judiciary was abrogated.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2221, Physical Therapy, General Provisions,
And,
H. B. 2223, Registered Professional Nurses, Policies Standards and Criteria for the Evaluation and Accreditation of Colleges or Schools of Nursing,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2221 and H. B. 2223) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2224, Registered Professional Nurses, Limited Prescriptive Authority,
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. 2224) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2403, Updating the law governing professional licensing boards in general,
And reports the same back with the recommendation that it do pass.
Resolutions Introduced

Delegates Guthrie, Brown, Hatfield, Hunt, Skaff, Spencer and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 10 - "Requesting the Division of Highways name the bridge number 20-119-13.77 over Davis Creek on U.S. Route 119 between 76.2 and 76.4 in Kanawha County the 'T-5 Leon Whitlock and PFC Forrest Wilson Memorial Bridge' and bridge number S-320-214-0.01, U.S. Route 214 on the Kanawha County line, the 'SFC Stanley Williams Memorial Bridge (Distinguished Service Cross)'."
Whereas, Leon Whitlock was a Technical Sergeant in the U.S. Army and served with the Company A, 40th Tank Battalion, First Army during World War II; and
Whereas, Leon Whitlock was killed in action on October 4, 1944, in fierce battle at Overloon, Holland; and
Whereas, Leon Whitlock was awarded the Purple Heart for making the ultimate sacrifice for his country in addition to several other campaign ribbons and personal decorations earned for his brave service in Northern France, Belgium and Holland; and
Whereas, Forrest Wilson was a Private First Class in the United States Army and served with the 19th Infantry Regiment, 24th Infantry Division during World War II; and
Whereas, Forrest Wilson was killed in action on May 21, 1945 at Davao Region Mindanaao, Philippines where he is buried at the Manila American Cemetery; and
Whereas, Forrest Wilson was awarded the Purple Heart for making the ultimate sacrifice for his country in addition to several other campaign ribbons and personal decorations earned for his brave service in the Pacific including the assault on New Guinea and the Philippine Island Campaigns; and
Whereas, Stanley Williams was a Sergeant First Class in the U.S. Army and served with E Company, 23rd Infantry Regiment, 2nd Infantry Division during the Korean War, where he served two combat tours; and
Whereas, Stanley Williams was killed in action on July 18, 1952 during the horrific battle for Old Baldy in West Central Korea; and
Whereas, Stanley Williams was awarded the Distinguished Service Cross for extraordinary heroism and his gallant self-sacrifice for the men under his charge and the Purple heart for making the ultimate sacrifice for his country, as well as several other campaign ribbons and personal decorations; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to have made and be placed signs identifying bridge number 20-119-13.77 over Davis Creek on U.S. Route 119 between 76.2 and 76.4 in Kanawha County the "T-5 Leon Whitlock and PFC Forrest Wilson Memorial Bridge" and bridge number S-320-214-0.01, U.S. Route 214 on the Kanawha County line, the "SFC Stanley Williams Memorial Bridge (Distinguished Service Cross)"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the family of T-5 Leon Whitlock, PFC Forrest Wilson and SFC Stanley Williams.
Delegate Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 11 - "Requesting the Health and Human Resources Committee to study the state of emergency medicine in West Virginia to address emergency department (ED) disaster preparedness throughout West Virginia."
Whereas, There is a critical need for improvement in disaster preparedness as evidenced by West Virginia receiving a "D+" in the 2009 National Report Card on the State of Emergency Medicine; and
Whereas, EDs throughout West Virginia must be sufficiently prepared to deal with the influx of patients that present to emergency department during a disaster situation; and
Whereas, There is currently no statewide surveillance system for common ED presentations or written plans to deal with special needs patients in the event of a disaster; and
Whereas, Emergency physicians throughout West Virginia can provide astounding personal accounts regarding the challenges they face in everyday practice regarding the inadequacy of EDs to deal with disaster situations; and
Whereas, It is in the best interest of all West Virginia citizens to ensure that the safety net of their health care system remains intact which is currently in question; therefore, be it
Resolved by the West Virginia Legislature:
That the Health and Human Resources Committee is hereby directed to study the state of emergency medicine in West Virginia to address emergency department disaster preparedness throughout West Virginia; and, be it
Further Resolved, That the Health and Human Resources Committee report to the regular session of the 2010 Legislature, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Health and Human Resources Committee.
Delegates Barker, Eldridge, Rodighiero, Butcher and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 12 - "Requesting the bridge that crosses the Spruce Fork of Little Coal River at Ramage, Boone County, West Virginia, specifically bridge number 03-20-4.83(3372) 0.01 mile west of West Virginia Route 17, be named 'Sebert S. Duty Memorial Bridge'."
Whereas, Sebert S. Duty was born June 27, 1911 and raised in the sight of the bridge in Ramage, West Virginia; and
Whereas, Sebert attended primary school in Boone County, worked on Public Works Programs during the Depression and was a coal miner and farmer. Before entering the Army, he was married to the former Ethel Kuhn. They had no children; and
Whereas, Sebert entered the service of his country by conscription in 1942 when he became a member of the United States Army as Pfc. Sebert S. Duty, 35642938, Co. E. 302nd Inf. 94th Division. A devout Christian who did not believe in killing, yet he did not claim the right of conscientious objector, but like so many other West Virginians and Americans he believed that it was his duty to help defend his country. He was a good, brave and valiant soldier who made the supreme sacrifice for his country, fellow soldiers and Americans when he was killed in action during the European Theater of Operations on January 26, 1945. Sebert is now survived by a brother, Fred E. Duty, who was also in the Army at the same time and only about one hundred miles from where Sebert died, although he was unaware of this event until some time later; and
Whereas, Sebert was awarded the Rifleman's Medal and Purple Heart posthumously; and
Whereas, The service of Pfc. Sebert S. Duty during World War II and his death on the battle field exemplifies the courage and bravery of West Virginians in time of war and his service and sacrifice should not go unnoticed; it should serve as an example to each of us that "freedom is not free" and, that even when contrary to one's religious beliefs, duty to country and defense of country and freedom is sometimes necessary and required; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-20-4.83(3372) 0.01 mile west of West Virginia Route 17 "Sebert S. Duty Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be the "Sebert S. Duty Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Fred E. Duty who is Sebert's brother.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Wooton, Frazier, Fleischauer, Miley, Webster, Kominar and Varner:

H. B. 2731 - "A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the salary of family court judges"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Fragale, Manchin, Longstreth, Beach, Klempa and Paxton:

H. B. 2732 - "A Bill to amend and reenact §18-5-20 of the Code of West Virginia, 1931, as amended, relating to county boards of education; school libraries; requiring each school to have a certified library media specialist; and requiring the board to develop professional standards for the certified library media specialist"; to the Committee on Education then Finance.
By Delegates Reynolds, Eldridge, Rodighiero, Craig, Campbell, Stephens, Stowers and Louisos:

H. B. 2733 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9m, relating to creating a sales tax holiday for purchases of guns and ammunition during the month of November"; to the Committee on Finance.
By Delegate Spencer:

H. B. 2734 - "A Bill to amend and reenact §18-7D-11 of the Code of West Virginia, 1931, as amended, relating to the minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Martin, Argento, Eldridge and Shaver:

H. B. 2735 - "A Bill to amend and reenact §19-21A-4 and §19-21A-6 of the Code of West Virginia, 1931, as amended, all relating to the State Conservation Committee"; to the Committee on Agriculture then Government Organization.
By Delegates Rodighiero, Butcher, Eldridge, Stowers, Shaver, Crosier, Tabb, Talbott, Louisos, Reynolds and Shook:

H. B. 2736 - "A Bill to amend and reenact §20-7-22 of the Code of West Virginia, 1931, as amended, relating to rules governing the operation of motorboats on lakes and to authorize the use of motors exceeding nine horsepower"; to the Committee on Natural Resources then the Judiciary.
By Delegates Webster, Frazier, Longstreth and Sobonya:

H. B. 2737 - "A Bill to amend and reenact §62-12-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers"; to the Committee on the Judiciary then Finance.
By Delegates Webster, Miley, Fleischauer and Longstreth:

H. B. 2738 - "A Bill to amend and reenact §48-27-802 of the Code of West Virginia, 1931, as amended, relating to registering protective orders with the West Virginia Supreme Court of Appeals"; to the Committee on the Judiciary.
By Delegates Webster, Frazier, Fleischauer, Miley and Longstreth:

H. B. 2739 - "A Bill to amend and reenact §48-27-311, §48-27-505, §48-27-701, §48-27-902, §48-27-903 and §48-27-1002 of the Code of West Virginia, 1931, as amended; and to amend said code by adding two new sections, designated §48-27-1003 and §48-27-1004, all relating to authorizing circuit clerks to use certified or register mail for service of a protective order; requiring magistrate court clerks to forward a copy of protective orders to state and federal agencies; providing that law enforcement attempt to serve protective orders within seventy-two hours of issuance; authorizing a petitioner to file a criminal complaint when a respondent possesses firearms in violation of a protective order; providing a criminal penalty for possessing firearms in violation of a protective order; Providing for nonjudicial enforcement of state protective orders; and providing civil and criminal immunity to law-enforcement officers for acts or omissions arising out of the enforcement of a protective order"; to the Committee on the Judiciary.
By Delegates Longstreth, Kominar, Ferro, Perry, Varner and Argento:

H. B. 2740 - "A Bill to amend and reenact §44A-1-8 of the Code of West Virginia, 1931, as amended, relating to eliminating the authority to appoint coguardians and coconservators for mental hygiene proceedings"; to the Committee on the Judiciary.
By Delegates Miley, Schoen, Kominar, Perry, Varner, Martin, Argento, Ferro and Wooton:

H. B. 2741 - "A Bill to amend and reenact §27-7-4 of the Code of West Virginia, 1931, as amended, relating to authorizing mental hygiene commissioners to sign readmission orders"; to the Committee on the Judiciary.
By Delegates Talbott, Argento, Pethtel, Swartzmiller, Tabb, Beach, Williams, Anderson, Evans, Schoen and C. Miller:

H. B. 2742 - "A Bill to repeal §19-22-1, §19-22-2, §19-22-3, §19-22-4, §19-22-5, §19-22-6 and §19-22-7 of the Code of West Virginia, 1931, as amended, relating to vinegars"; to the Committee on Agriculture then the Judiciary.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore, Rodighiero and Border:

H. B. 2743 - "A Bill to amend and reenact §16-2J-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5, all relating generally to establishing pilot projects for patient centered medical homes; setting forth legislative findings; defining terms; establishing criteria for pilot projects for patient centered medical homes; defining three types of pilot projects; setting forth evaluation criteria and granting rule-making authority"; to the Committee on Health and Human Resources then Finance.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore, Rodighiero and Border:

H. B. 2744 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, relating to providing a temporary tax credit for small group employers to cover fifty percent of the premium for the first year times the percentage of the employees premiums that are paid by the employer; twenty-five percent of the premium for the second year times the percentage of the employees premium paid by the employer: establishes limits on the amount of the tax credit; establishes the order of taxes potentially receiving the tax credit and determines that an employer must provide insurance coverage for three years to be eligible"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore and Rodighiero:

H. B. 2745 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore and Rodighiero:

H. B. 2746 - "A Bill to amend an reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating generally to raising the excise tax on cigarettes and all other tobacco products and establishing a special revenue account"; to the Committee on Health and Human Resources then Finance.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore, Rodighiero and Border:

H. B. 2747 - "A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-3-14e, all relating to creating a temporary health information technology reinvestment fee for health insurers, providing definitions, establishing penalties for noncompliance, providing rule-making authority and establishing an effective date"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore, Rodighiero and Border:

H. B. 2748 - "A Bill to amend and reenact §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the Code of West Virginia, 1931, as amended, all relating generally to the certificate of need process; eliminating certain services of certificate of need review; defining terms; raising the expenditure minimum amount for a capital expenditure and major medical equipment threshold; eliminating archaic language; providing for legislative rule-making authority; setting forth standards for when certain ambulatory health care facility are not subject to certificate of review; providing that electronic health records are not subject to certificate of review; providing that nonhealth related projects are subject to certificate of review; and modifying the fee structure for certificate of review by setting forth a capitated amount for certificate of need fees"; to the Committee on Health and Human Resources then Government Organization.
By Delegate Staggers:

H. B. 2749 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance and home schooling; permitting home school children to participate in athletic and other extracurricular activities of secondary schools under certain circumstances; and denying home school and requiring attendance in a public school when certain standards are not met"; to the Committee on Education then Finance.
By Delegates Stephens, Klempa, D. Poling, Swartzmiller and Perry:

H. B. 2750 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-3B-1, relating to establishing an Innovative Highway Projects Pilot Program and create a sunset for the program"; to the Committee on Roads and Transportation then Government Organization.
By Delegates Schadler, Rowan, Evans, Azinger and Overington:

H. B. 2751 - "A Bill to amend and reenact §21-5A-2 of the Code of West Virginia, 1931, as amended, relating to exempting nonprofit corporations from paying prevailing wages for certain improvements and under certain conditions"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Varner, Ennis, Cann, Beach, Kominar, Miley, Perdue, Ferro, Boggs, Caputo and White:

H. B. 2752 - "A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement of an applicant for a license to carry deadly weapons to provide his or her social security number"; to the Committee on the Judiciary.
By Delegates Stephens, Klempa, D. Poling, Swartzmiller and Perry:

H. B. 2753 - "A Bill to amend and reenact §17-2D-2, §17-2D-3 and §17-2D-5 of the Code of West Virginia, 1931, as amended, all relating to the continuation of the Design-Build Program"; to the Committee on Government Organization then Finance.
By Delegates Swartzmiller, Manypenny, Ennis and Shaver:

H. B. 2754 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-30, relating to requiring witnesses of violent acts or emergency situations to report the incident to law-enforcement authorities"; to the Committee on the Judiciary.
By Delegates Klempa, Poling, D. and Swartzmiller:

H. B. 2755 - "A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to authority to control an emergency scene on state highways"; to the Committee on Roads and Transportation then Government Organization.
By Delegates Longstreth and Barker:

H. B. 2756 - "A Bill to amend and reenact §62-12-6 and §62-12-26 of the Code of West Virginia, 1931, as amended, all relating to granting probation officers the authority to arrest persons who violate his or her conditions of supervised release; eliminating the authority of probation officers to collect moneys; eliminating the requirement that probation officers post bond; and providing that an additional term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for adjudication in regards to delay revocations"; to the Committee on the Judiciary.
By Delegates Perry, Shook, Ashley, Schoen, Moore, Manchin, Miley, Skaff, Reynolds and Frazier:

H. B. 2757 - "A Bill to amend and reenact §33-33-1, §33-33-2, §33-33-3, §33-33-4, §33-33- 5, §33-33-6, §33-33-8, §33-33-9, §33-33-10, §33-33-10a, §33-33-11, §33-33-12, §33-33-13, §33-33- 14 and §33-33-15 of the Code of the West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-33-16, all relating to financial audits of insurers; defining terms; providing general requirements for filing annual audited financial reports; providing for creation of audit committee; requiring financial reports to include certain items; requiring the designation of an independent certified public accountant by insurers; providing requirements for the independent certified public accountants; prohibiting use of indemnification agreements by independent certified public accountants performing certain audits; permitting mediation or arbitration agreements in certain circumstances; requiring audit to be performed in accordance with generally accepted auditing standards; requiring independent certified public accountants to report adverse financial condition of insurers; requiring independent certified public accountants to report material weaknesses regarding internal control of insurers; requiring independent certified public accountants to provide letter of qualifications; requiring that workpapers of independent certified public accountants be available for review by Insurance Commissioner; providing for requirements of audit committee; requiring certain conduct of insurer regarding preparation of reports and documents; providing requirements for conducting financial audits of Canadian and British insurers; requiring report from insurers regarding internal control over financial reporting; providing exemptions; and providing effective dates of provisions"; to the Committee on Banking and Insurance then Finance.
By Delegates Webster, Miley, Longstreth and Fleischauer:

H. B. 2758 - "A Bill to amend and reenact §44A-2-7 of the Code of West Virginia, 1931, as amended, relating to requiring court appointed attorneys to disclose fees when a guardian or conservator is appointed for a nonindigent protected person"; to the Committee on the Judiciary.
By Delegates Wooton, Frazier, Webster, Perry, Kominar and Varner:

H. B. 2759 - "A Bill to amend and reenact §50-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate court clerks to collect a fee for preparing an abstract of judgement in civil matters"; to the Committee on the Judiciary then Finance.
By Delegates Wooton, Tabb, Barker, Miley and Hamilton:

H. B. 2760 - "A Bill to amend and reenact §49-5-15 of the Code of West Virginia, 1931, as amended, relating to granting juvenile probation officers the power to arrest juveniles under his or her supervision"; to the Committee on the Judiciary.
By Delegates Miley, Wooton, Webster, Tabb, Fleischauer, Longstreth and Schoen:

H. B. 2761 - "A Bill to amend and reenact §49-7-32 of the Code of West Virginia, 1931, as amended, relating to transferring the authority to administer the juvenile justice database from the Department of Military Affairs and Public Safety to the West Virginia Supreme Court of Appeals"; to the Committee on the Judiciary.
By Delegates Frazier, Tabb, Fleischauer, Barker, Miley, Longstreth, Sobonya, Hamilton and Schoen:

H. B. 2762 - "A Bill to amend and reenact §48-10-401 and §48-10-402 of the Code of West Virginia, 1931, as amended, all relating generally to jurisdiction for petitions by grandparents for visitation of grandchild"; to the Committee on the Judiciary.
By Delegates Ashley, Boggs, Anderson and Border:

H. B. 2763 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to allowing for expanded employment of retired state employees in areas of critical need"; to the Committee on Finance.
By Delegates Doyle, Brown, Hatfield, Marshall, Ellem, Lane, Moore, Fleischauer, Perdue, Klempa and D. Poling:

H. B. 2764 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all relating to creating the West Virginia Public Campaign Financing Act; providing alterative campaign financing option for candidates for the State Senate and House of Delegates through public funds; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the offices of State Senate and House of Delegates beginning in 2010; establishing a Public Campaign Financing Fund and sources of revenue for the fund; requiring an additional penalty assessment be imposed against violators of administrative orders, rules of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the State Election Commission for seed money and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the initial funding available and for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 2765 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of 'federal adjusted gross income' and certain other terms in the West Virginia Personal Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions"; to the Committee on Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2309, Updating the law governing the practice of occupational therapy; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 5), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig and Ellem.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2309) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2419, Providing inmates a reduction in sentence for completion of education and rehabilitation programs; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 6), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: McGeehan.
Absent And Not Voting: Campbell, Craig and Ellem.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2419) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2069, Increasing the faculty senate allotment for classroom teachers and librarians,
And,
Com. Sub. for H. B. 2504, Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons.

Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Campbell, Craig and Ellem.
At 11:38 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 24, 2009.

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