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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)
hdj2009-02-26-16



__________*__________




Thursday, February 26, 2009

SIXTEENTH 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 15, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

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. 2133, Increasing the penalties for discarding trash on land and in streams,
And,
H. B. 2359, Defining "caving" as a recreational purpose and activity for which a landowner's liability for injury is limited,
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. 2133 and H. B. 2359) 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. 2621, Prohibiting the use of cell phone and text-messaging devices while operating a motor vehicle except when using a hands-free device or in the case of an emergency,
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. 2621) was referred to the Committee on the Judiciary.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2702, Relating to the Deputy Sheriff Retirement System Act, And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2702) was referred to the Committee on Finance.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2703, Relating to the State Teachers Retirement System,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2703) was referred to the Committee on Finance.
Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2734
, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System,
And reports the same back with the recommendation that it do pass but that it first be referred to the Committee on the Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4734) was referred to the Committee on Finance.
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. 2478, Health Insurance for Employees,
And reports the same back, with a title 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. 2478) 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. 2503, Requiring licensed tattoo artists to inform patrons, prior to performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the reading of magnetic resonance imaging,

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. 2503) 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. 2646, Defining the term "Medicare Advantage Prescription Drug Plan" in the public employees insurance act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2646) was referred to the Committee on Finance.
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. 2412, Providing certain county commissions with authority to regulate the location of businesses selling sexually-oriented materials,
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. 2412) was 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. 2421, Distinguishing between operable and inoperable fire hydrants by having inoperable hydrants painted black,
And reports the same back, with a title 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. 2421) 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. 2444, Creating the Legislative Oversight Commission on Long-Term Care,
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 Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2444) was referred to the Committee on Government Organization.
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. 2788, Protecting incapacitated persons and the elderly,
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. 2788) was referred to the Committee on the Judiciary.
Petitions

Delegate Frazier presented a petition on behalf of employees of the Department of the Health and Human Resources (DHHR) urging the Legislature to provide salary increases for agency workers, to increase staff levels at the Department and to address the increase in health care costs by PEIA; 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. 2832 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, §18-2L-2, §18-2L-3, §18-2L-4 and §18-2L-5, all relating generally to critical skills evaluations for students in grades three and eight; setting forth legislative findings; requiring the creation of critical skills instructional support programs for students in grades three and eight; specifying that a critical skills instructional support program may occur after regular school hours or outside of the instructional term of the annual school calendar; requiring the retention of students in grades three and eight who do not meet certain proficiency standards; requiring the Board of Education to develop a model for the establishment of critical skills instructional support programs; establishing the duties and powers of the State Superintendent of Schools; and authorizing the promulgation of legislative rules"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 2833 - "A Bill to amend and reenact §11-13A-3a, §11-13A-10 and §11-13A-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-13V-4b, all relating generally to severance taxes on natural gas and oil; specifying that the tax shall be collected and remitted by the first purchaser of natural gas or oil after it has been severed or severed and processed; requiring the filing of a refund to receive certain tax exemptions; providing for a phased reduction of the rate of tax; providing for a phased elimination of certain credits against tax; providing for assessments against severors who owe but have not paid the tax; specifying due dates and payment requirements; specifying persons subject to applicable bonding requirements; providing for certain exceptions to the first purchaser requirement; authorizing the Tax Commissioner to promulgate emergency rules; and requiring certain reports to the Tax Commissioner"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 2834 - "A Bill to amend and reenact §18C-1-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7 and §18C-7-8 of said code, all relating to student financial aid resources and programs; reconstituting the Financial Aid Advisory Board; dissolving the PROMISE Scholarship Board and transferring its powers to the Higher Education Policy Commission; authorizing the Higher Education Policy Commission to invest certain funds with the West Virginia Investment Management Board; capping the maximum amount of the West Virginia Providing Real Opportunities for Maximizing In-state Student Excellence (PROMISE) scholarship annual award for certain students at the lesser of the cost of tuition at a state institution of higher education or $4500; clarifying that a PROMISE scholarship may supplement certain tuition and fee waivers; and authorizing the Higher Education Policy Commission to promulgate rules"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 2835 - "A Bill to amend and reenact §5B-2A-3 and §5B-2A-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-3-10 of said code, all relating to the Office of Coalfield Community Development and master land use plans; defining terms; requiring state, local, county or regional development or redevelopment authorities to develop master land use plans; requiring the Office of Coalfield Community Development to assist with the development of master land use plans; providing for review and approval of master land use plans; and requiring the post mining land use proposed in reclamation plans to comport with associated master land use plans"; to the Committee on Political Subdivisions then Government Organization.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead

[By Request of the Executive]:

H. B. 2836 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B-5, §18-5B-6, §18-5B-7, §18-5B-8 and §18-5B-9, all relating to school innovation zones; setting forth legislative findings, intent and purpose; authorizing the West Virginia Board of Education to designate school innovation zones; establishing an application and review process for innovation zone plans; requiring a system of accountability for innovation zones; requiring an annual report by the board of education; providing for the waiver of certain statutes, rules, policies and interpretations; providing for the voluntary transfer of employees; providing for teacher job postings that exceed certain qualifications and requirements; and authorizing the board of education to promulgate rules"; to the Committee on Education.
By Delegates Perdue, Boggs, Hatfield, Staggers, Border, Moore, Moye and Rodighiero:

H. B. 2837 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4E-1, §16-4E-2, §16-4E-3, §16-4E-4, §16-4E-5 and §16-4E-6, all relating to development of a maternal risk assessment advisory council; providing for legislative findings; setting forth responsibilities of the advisory council; providing for legislative rule-making authority within the Department of Health and Human Resources to develop a uniform maternal risk screening tool; providing for applicability of the screening tool once developed; and providing confidentiality of the tool"; to the Committee on Health and Human Resources then Finance.
By Delegates Perdue, Hatfield, Marshall, Michael, Moore, Rodighiero and Border:

H. B. 2838 - "A Bill to amend and reenact §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-29H-6, all relating generally to the creation of the Governor's Office of Health Enhancement and Lifestyle Planning; setting forth legislative findings; setting forth the powers and duties of the office; creating the position of director; setting forth the qualifications of the director; setting forth the powers and duties of the director; providing for staff; requiring the development of a five year strategic plan; providing for legislative rule-making authority; providing for coordination with various state agencies, departments, boards, bureaus and commissions; and requiring reporting to the Governor and the Legislature"; to the Committee on Health and Human Resources then Finance.
By Delegates Perdue, Boggs, Hatfield, Border, Moore, Moye and Rodighiero:

H. B. 2839 - "A Bill to amend and reenact §30-3A-1 and §30-3A-2 of the Code of West Virginia, 1931, as amended, all relating to the management of pain by physicians; eliminating the definition of 'intractable pain' and defining the word 'pain'; and making conforming amendments to the Pain Management Act"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Morgan, Stephens, Manchin and Miley:

H. B. 2840 - "A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to any person who begins serving as a magistrate, after the effective date of this legislation, to possess a baccalaureate degree from an accredited college or have four years of experience as a magistrate, as well as attend an annual training conference by the Administrator of the Supreme Court of Appeals of West Virginia. In addition, the distinction between those magistrates who serve five thousand or less in population and those who serve more than five thousand in the context of said magistrate being required to devote to his or her public duties on a full-time basis shall be abolished"; to the Committee on Government Organization then the Judiciary.
By Delegates Talbott and Argento:

H. B. 2841 - "A Bill to extend the time for the city council of the city of Richwood, Nicholas County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for general repair of existing streets and alleys, acquisition of rights-of- way and construction of new streets, for services related to the protection against loss by fire, street maintenance, and for police protection for the city of Richwood and for payment of any obligation by the city due to higher costs and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until the thirty-first day of May, two thousand nine"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate C. Miller:

H. B. 2842 - "A Bill to amend and reenact 17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special 'Family of an Officer Killed in the Line of Duty' license plate and assessing a special initial application fee and a special annual fee therefor"; to the Committee on Roads and Transportation then Finance.
By Delegates D. Poling, Mahan, Guthrie, Givens and Azinger:

H. B. 2843 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to commercial dog breeding operations; definitions; commercial dog breeder required to have a valid business license; requirements for maintaining a commercial dog breeding operation; cooperation with inspections by animal control officers to ensure compliance with state and federal animal care laws; and criminal penalties"; to the Committee on Agriculture then the Judiciary.
By Delegates Ellem and D. Poling:

H. B. 2844 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §29-3B-11, relating to the adoption of the 2008 National Electric Code; providing for adoption of updates of the code every three years; and requiring the State Fire Marshal to notify the public of adopted changes in that code"; to the Committee on Government Organization.
By Delegate Doyle:

H. B. 2845 - "A Bill to amend and reenact §8-6-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-6-7; to amend and reenact §8A-1-2 of said code; and to amend and reenact §8A-7-2 of said code, all relating to the annexation of land by a municipality in counties that have adopted a county wide zoning ordinance which includes urban growth boundaries; requiring the land to be contiguous to the municipality outside the urban growth boundaries; requiring that annexation take place in the county's designated urban growth boundaries; providing for annexation outside the urban growth boundary; providing for annexation of property in another municipality's urban growth boundary by intergovernmental agreement between the municipalities; defining contiguous; requiring a public hearing and signage for property annexation outside the urban growth boundary; and providing the authority to identify and establish urban growth boundaries within county zoning ordinances"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Louisos:

H. B. 2846 - "A Bill to amend and reenact §61-2-8 of the Code of West Virginia, 1931, as amended, relating to criminalizing abortion"; to the Committee on the Judiciary.
By Delegate Shaver:

H. B. 2847 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-19-3b, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation of the section"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Louisos:

H. B. 2848 - "A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended, relating to health and human services; Medicaid monitoring and case management; and requiring payment of personal needs funds to Medicaid recipients in nursing homes in the amount of $75 a month"; to the Committee on Health and Human Resources then Finance.
By Delegates Ennis, Schadler, Swartzmiller, Williams, Pethtel, Evans, Varner, Moye, M. Poling and Paxton:

H. B. 2849 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to requiring automatic tire chains as standard equipment on all new school buses"; to the Committee on Education then Finance.
By Delegate Louisos:

H. B. 2850 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-21, relating to requiring recipients of state assistance to show photo identification when utilizing or receiving those benefits"; to the Committee on Government Organization then Finance.
By Delegate Louisos:

H. B. 2851 - "A Bill to amend and reenact §8-12-17 of the Code of West Virginia, 1931, as amended, relating to the sale of municipal public utility"; to the Committee on Political Subdivisions then Finance.
By Delegate Louisos:

H. B. 2852 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-3d, relating to eliminating charges by public utilities for meter reading and minimum bill fees"; to the Committee on Government Organization.
By Delegate Louisos:

H. B. 2853 - "A Bill to amend and reenact §46A-6L-101 of the Code of West Virginia, 1931, as amended, relating to the Consumer Credit & Protection Act; and prohibiting the reporting of credit scoring as a part of a credit report"; to the Committee on the Judiciary.
By Delegates Louisos and Butcher:

H. B. 2854 - "A Bill to amend and reenact §23-4-6 of the Code of West Virginia, 1931, as amended, relating to workers' compensation benefits; and extending permanent total disability benefits to claimants for life"; to the Committee on the Judiciary then Finance.
By Delegates Louisos and Butcher:

H. B. 2855 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-5a; and by adding thereto a new section, designated §60-7-3a, all relating to permitting the holder of a license to sell nonintoxicating beer or intoxicating liquors to determine the use or nonuse of tobacco products on the licensees' premises"; to the Committee on the Judiciary.
By Delegates Stephens, Eldridge, Moye, Rodighiero, Manypenny, Sumner, Porter, Rowan, Reynolds, Susman and Louisos:

H. B. 2856 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a 'Choose Life' license plate displaying the 'Choose Life' logo"; to the Committee on Roads and Transportation then Finance.
By Delegates Hutchins, Moore, Doyle and Azinger:

H. B. 2857 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-3-12, relating to prohibiting elected state officials from becoming a lobbyist for two years after their term of office expires"; to the Committee on the Judiciary.
By Delegates Rodighiero, Reynolds, Hatfield, Eldridge, Moore, Barker, Miley, Sobonya, Guthrie, Webster and Caputo:

H. B. 2858 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §5-16B-6e; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all relating to autism spectrum disorder; requiring coverage for early detection, diagnosis and treatment of autism spectrum disorder by all insurance policies and insurance plans provided by the West Virginia Public Employees Insurance Act, all accident and sickness policies, all group accident and sickness policies, all small employer accident and sickness policies and all plans for health services or accident or sickness insurance provided by the West Virginia Children's Health Insurance Program which provides coverage for hospital, surgical or medical care coverage in the state; providing requirements and limitations on required coverage; exceptions; and providing that the provisions of this bill be known and cited collectively as the 'Cameron and Dominic Law'"; to the Committee on Banking and Insurance then Finance.
By Delegates Staggers, Perry, Fleischauer, Hamilton, Canterbury, Argento, Moye, Williams, Campbell and Crosier:

H. B. 2859 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and to amend and reenact §29-3-9 of said code, all relating to a tax credit for firefighters that work in critical needs areas of the state; and requiring the State Fire Commission to determine standards defining and choosing 'critical needs areas' of West Virginia"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 2860
- "A Bill to amend and reenact §22-11-4, §22-11-22, §22-11-24 and §22-11-25 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-11A-1, §22-11A-2, §22-11A-3, §22-11A-4, §22-11A-5, §22-11A-6, §22- 11A-7, §22-11A-8, §22-11A-9 and §22-11A-10, all relating to regulating the sequestration and storage of carbon dioxide; providing for powers and duties; providing for civil penalties and injunctive relief; providing for criminal penalties; providing for civil liability; setting forth legislative findings; defining terms; specifying powers and duties; specifying carbon dioxide permitting requirements; establishing a working group to study and make recommendations regarding carbon dioxide sequestration; clarifying the ownership of pore space underlying the surface of the lands and waters of this state; and authorizing the promulgation of legislative rules"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2360, Insuring that tobacco products are not sold in any packaging other than the original; 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. 10), and there were--yeas 94, nays 2, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Porter and Walters.
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2360) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 2403, Updating the law governing professional licensing boards in general; 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. 11), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Blair, Porter, Romine and Walters.
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2403) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 12), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2403) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 2528, Updating the regulation of the practice of forestry; 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. 13), and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Ireland, J. Miller, Overington, Porter and Sobonya.
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2528) 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. 2529, Relating to the practice of environmental health science and public health sanitation; 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. 14), and there were--yeas 81, nays 15, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Border, Carmichael, Ellem, Ireland, Lane, Louisos, J. Miller, Overington, Porter, Romine, Sobonya, Sumner and Walters.
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2529) 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. 2531, Updating the regulation of the practice of barbers and cosmetologists; 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. 15), and there were--yeas 75, nays 21, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Blair, Border, Carmichael, Cowles, Ellem, Evans, Ireland, Lane, Louisos, McGeehan, C. Miller, Overington, Porter, Romine, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2531) 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. 2532, Creating licensure for Marriage and Family Therapists; 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. 16), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2532) 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. 2533, Updating the law governing the practice of veterinary medicine; 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. 17), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Azinger, Craig, Skaff and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2533) 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:
Com. Sub. for H. B. 2694, Establishing certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces,
And,
Com. Sub. for H. B. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
Remarks of Members

Delegate J. Miller addressed the House regarding patient-centered care and at the conclusion of his remarks, Delegate Border asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Craig, Skaff and Swartzmiller.
At 11:59 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 27, 2009.

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