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HOUSE: | Bills Introduced | Resolutions Introduced | Abstract | Topical Index | Calendar | Special Calendar | Journal | Menu |

House Journal


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


__________*__________




Wednesday, March 4, 2009

TWENTY-SECOND 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 Tuesday, March 3, 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 purpose of introduction of resolutions.
Resolutions Introduced

Delegates Barker, Butcher, Eldridge and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R 16 - "Requesting the bridge crossing the Big Coal River at Ashford in Boone County, West Virginia, specifically bridge number 03-1-8.23(104504), be named the '"Willis W. Elkins Memorial Bridge'."
Whereas, Willis W. Elkins served the Ashford and Boone County community with dedicated leadership and has been a lifelong resident whose family dates back several generations; and
Whereas, Willis W. Elkins was an outstanding organizer and citizen in the community, serving in the United States Navy during World War II when he earned six combat stars. He returned home after service to pursue his education and fulfill his career goals and became a teacher, principal, assistant superintendent, superintendent, member of the board of education and was a phenomenal community leader in other aspects. Willis W. Elkins served the community with distinction; and
Whereas, The citizens and community leaders throughout Boone County have recognized the works of Willis W. Elkins and believe it proper to honor the achievements of Willis W. Elkins by naming a new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge numbered 03-1- 8.23(104504) crossing the Big Coal River at Ashford in Boone County, West Virginia, 00.1 miles east of the junction with County Road 12 over the right fork of Holly River, the "Willis W. Elkins 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 named the "Willis W. Elkins 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 Willis W. Elkins.
Delegates Brown, Fleischauer, Guthrie, Hatfield, Lawrence, Longstreth, Mahan, Marshall, C. Miller, Phillips, M. Poling, Rowan, Schoen, Smith, Sobonya, Spencer, Staggers, Sumner, Susman and Webster offered the following resolution, which was read by the Clerk, as follows:
H. R. 20 - "Designating March 4, 2009, as 'Women's Day' in West Virginia."
Whereas, Women comprise fifty-two percent of the population of the State of West Virginia; and
Whereas, The State is thankful and proud of the accomplishments and achievements of West Virginia's women; and
Whereas, Women in their roles as workers, leaders, mothers, friends, caretakers, daughters, activists, politicians, sisters and wives make enormous contributions to their families and local communities while also contributing to the general well-being and betterment of the State as a whole; and
Whereas, The women of West Virginia are gathered today at the Legislature to celebrate their achievements and to draw additional attention to the continued need for work on equity issues such as workplace equity, legal equity and social equity; therefore, be it
Resolved by the West Virginia House of Delegates:
That March 4, 2009, is hereby declared as "Women's Day in West Virginia" and all citizens are urged to celebrate the enormous contributions of women to the success of the State; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Women's Commission.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 20) to a committee was dispensed with, taken up for immediate consideration and put upon its adoption.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 20), and there were--yeas 90, nays none, absent and not voting 10, with the absent and not voting being as follows:
Absent And Not Voting: Ashley, Campbell, Cann, Craig, Crosier, Hutchins, Louisos, McGeehan, Schoen and Shook.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 20) adopted.
Delegate Ashley announced that he was absent when the vote was taken on H. R. 20, and that had he been present, he would have voted "Yea" thereon.
Delegates Perdue, Border, Campbell, Eldridge, Fleischauer, Hatfield, Lawrence, Manypenny, Marshall, C. Miller, Moye, Perry, Phillips, D. Poling, Rodighiero, Rowan, Staggers, Susman and Wooton offered the following resolution, which was read by the Clerk, as follows:
H. R. 21 - "Recognizing and honoring Social Workers in West Virginia."
Whereas, Social workers have the right education and experience to guide individuals, families, and communities through complex issues and choices; and
Whereas, Social workers connect individuals, families, and communities to available resources; and
Whereas, Social workers are dedicated to improving the society in which we live; and
Whereas, Social workers are positive and compassionate professionals; and
Whereas, Social workers stand up for others to make sure everyone has access to the same basic rights, protections, and opportunities; and
Whereas, Social workers help people help themselves, whenever and wherever they need it most; and
Whereas, Social workers advocate for children and other vulnerable populations; and
Whereas, Social work is an essential but dangerous profession, as evidenced by the murder of Brenda Lee Yeager of Hamlin on July 30, 2008; and
Whereas, Social workers have been the driving force behind important social movements in the United States and abroad; therefore, be it
Resolved by the House of Delegates:
That in recognition of professional social workers and social work students and their commitment and dedication to individuals, families, and communities everywhere through treatment, service delivery, research, education, and legislative advocacy, the West Virginia House of Delegates recognizes and honors Social Workers in West Virginia.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 21) to a committee was dispensed with, taken up for immediate consideration and put upon its adoption.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 21), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent And Not Voting: Campbell, Craig, Crosier, Hutchins, Louisos, McGeehan and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 21) adopted.
Delegates Perdue, Campbell, Moore, Perry, Rodighiero, Staggers, Manypenny, Moye, J. Miller, C. Miller, Rowan, Lane and Border offered the following resolution, which was read by the Clerk, as follows:
H. R. 22 - "Recognizing and honoring Disability Advocates in West Virginia."
Whereas, There are more than 400,000 West Virginians with disabilities; and
W
HEREAS , People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and
W
HEREAS , People with disabilities have the right to receive supports they need to exercise self-determination, achieve independence, contribute to their communities, and become productive employees in the workplace; and
Whereas, Organizations representing the rights and issues that affect people with disabilities and West Virginia's citizens with disabilities, family members and other advocates have banded together in a collective group, called the "Fair Shake Network," to help bring their concerns to the forefront of public awareness; and
W
HEREAS , The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
Resolved by the House of Delegates:
That the West Virginia House of Delegates recognizes and honors Disability Advocates in West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 22) to a committee was dispensed with, taken up for immediate consideration and adopted.
Committee Reports

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. 2308, Relating to the West Virginia Partnership to Promote Community Well-Being,
And,
H. B. 2234, Relating to increasing the maximum cash award the Employee Suggestion Award Board may make for an individual award,
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 Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2308 and H. B. 2234) were each 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. 2817, Fire Commission, WV State,
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. 2817) 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. 2539, Authorizing professional licensing boards to combine administrative staff functions,
H. B. 2818, Fire Marshal, WV State,
And,
H. B. 2828, Board of pharmacy rules regarding licensure and practice,
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. 2539, H. B. 2818 and H. B. 2828) 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. 2307, Relating to acquisition of a municipal business license,
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. 2307) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2470, Exempting all schools which include grades kindergarten through twelve from paying consumer sales tax on items the school sells,
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. 2470) was referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2639, Allowing for more teachers to be reimbursed for approved course work,
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. 2639) was referred to the Committee on Finance.
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. 2421, Distinguishing between operable and inoperable fire hydrants by having inoperable hydrants painted black,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2421 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-22, relating to distinguishing between operable and inoperable fire hydrant; notification of inoperable hydrants; painting inoperable fire hydrants black,"
And,
H. B. 2701, Relating to the escape from custody of the Director of Juvenile Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2701 -- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-12b, relating to an escape of any person from the custody of the Division of Juvenile Services as either a misdemeanor or a felony depending on the type of facility they were committed to in when the escape occurred; providing definitions; providing for criminal penalties; establishing venue for the proceedings; and allowing for the transfer of jurisdiction back to the original committing court if the person is under eighteen and all parties agree,"
With the recommendation that the committee substitutes each 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. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements,
And reports the same back with the recommendation that it do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 8 - "Requesting the Division of Highways name bridge number 55-16/30-0.73 (4983), on County Route 16/39, on Moran Avenue in Mullens, West Virginia, the 'Charles V. Stewart Memorial Bridge'."
Whereas, Charles V. Stewart was born June 6, 1903, in Rockview, West Virginia; and
Whereas, Charles V. Stewart was married to his beloved wife Theresa on June 6, 1929, in Coalwood, West Virginia; and
Whereas, Charles V. Stewart was principal of Glen Rogers High School, Ben Dunman School and Mullens High School between the years of 1926-1953, when he retired; and
Whereas, Charles V. Stewart, together with his wife, owned and co-edited The Mullen Advocate for 27 years; and
Whereas, Charles V. Stewart was a member of the Board of Directors of The People's Bank of Mullens for a number of years; and
Whereas, Charles V. Stewart's contributions to the people of Mullens and Wyoming County will benefit many future generations of West Virginians; and
Whereas, Sadly, at the age of 70, Charles V. Stewart passed away from injuries received in an automobile accident; and
Whereas, It is fitting to honor Charles V. Stewart by naming a bridge in his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 55- 16/39-0.73 (4983), on County Route 16/39, on Moran Avenue in Mullens, West Virginia, the "Charles V. Stewart Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Charles V. Stewart Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Charles V. Stewart.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 12 - "Requesting the Division of Highways name bridge number 06-07-0.40 (3633) on Nine Mile Road, County Route 7, Lesage, West Virginia, the 'PVT Russell Curtis Knight Memorial Bridge'."
Whereas, Private Russell Curtis Knight was born on August 16, 1911, to Mr. and Mrs. G. O. Knight of Lesage, West Virginia; and
Whereas, Private Russell Curtis Knight was married to Lucille Knight; and
Whereas, Private Russell Curtis Knight enlisted with the United States Army on June 8, 1943, served in North Africa and Europe and was honorably discharged on January 11, 1945; and
Whereas, Private Russell Curtis Knight was wounded near Artena, Italy, on June 1, 1944, where he lost an eye in an explosion; and
Whereas, Private Russell Curtis Knight received the Purple Heart, the Bronze Star, the EAME Campaign Ribbon and other service decorations; and
Whereas, Private Russell Curtis Knight died on April 4, 1971; and
Whereas, Having honorably served and sacrificed for his country, his state and fellow man, we are compelled to ensure that future generations are aware of Private Russell Curtis Knight's commitment to the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 06-07-0.40 (3633) on Nine Mile Road, County Route 7, Lesage, West Virginia, the "PVT Russell Curtis Knight Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "PVT. Russell Curtis Knight Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Private Russell Curtis Knight's family and the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 13 - "Requesting the Division of Highways name bridge number 02-15-2.70 (4845), located in Berkeley County, the 'Bruce Van Wyk Memorial Bridge'."
Whereas, Bruce Van Wyk was born in Clifton Springs, New York, the son of Julia and Herbert Van Wyk; and
Whereas, Bruce Van Wyk came to Falling Waters, West Virginia, in 1974; and
Whereas, Bruce Van Wyk built his first house in Honeywood-on-the-Potomac, his first development project and West Virginia's first planned community; and
Whereas, Bruce Van Wyk went on to develop land for residential, commercial and educational uses, which brought thousands of jobs to the Eastern Panhandle of West Virginia and improved the quality of life in the community; and
Whereas, Bruce Van Wyk strived for three decades to create employment, education and cultural opportunities for the people of West Virginia; and
Whereas, Sadly, Bruce Van Wyk died suddenly on December 25, 2003, leaving behind many loving family members and friends; and
Whereas, It is fitting to honor the memory of Bruce Van Wyk by naming bridge number 02- 15-2.70 (4845), located in Berkeley County, the "Bruce Van Wyk Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 02-15- 2.70 (4845), located in Berkeley County, the "Bruce Van Wyk Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Bruce Van Wyk Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Bruce Van Wyk.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 99 - "A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as amended, relating to assignment of youthful offenders to the custody of the Division of Corrections; and providing that where an offender has completed the treatment program and is returned to court for sentencing but commits a crime between the time of release from the youthful offender center and the sentencing hearing, the judge has the discretion to impose the original sentence instead of releasing the offender on probation"; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Argento, Eldridge, Varner, Shaver, Williams, Phillips, Stowers and Martin:

H. B. 2929 - "A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to limiting liability of landowners; and increasing the amount of one-time charge or fee for a recreational purpose and activity for which a landowner's liability for injury is limited to $500"; to the Committee on the Judiciary.
By Delegate Rodighiero:

H. B. 2930 - "A Bill to amend and reenact §5-16-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-16-28, all relating to including volunteer firefighters within the Public Employees Insurance Act and requiring the county commissions to pay either three-fourths or the full amount of premiums"; to the Committee on Finance.
By Delegates White and Campbell:

H. B. 2931 - "A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to amended and reenact §11-13V-4 of said code, all relating to removing a severance tax on timber for tax years 2010 through 2013, inclusive"; to the Committee on Finance.
By Delegates Manchin, Longstreth and Caputo:

H. B. 2932 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2-11a, relating to the approval of board of health rules, relating to tobacco use in public or private places, by its appointing authority or authorities"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Rodighiero:

H. B. 2933 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5 and §4-13-6, all relating to privatization contracts; definitions; statement of services proposed to be the subject of privatization; requirements for bidding entities; cost estimate; certification to State Auditor; objection by State Auditor; review; budget data on privatization; state contracts with business entities to procure services; prohibition where business entity has solicited or made political contributions; business entities which have contracted with state for rendition of services; and prohibition of solicitation of or making political contributions"; to the Committee on Government Organization then the Judiciary.
By Delegate Hamilton:

H. B. 2934 - "A Bill to amend and reenact §11A-3-24 of the Code of West Virginia, 1931, as amended, relating to clarifying language relating to redemption of property"; to the Committee on the Judiciary.
By Delegate Louisos:

H. B. 2935 - "A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended, all relating to allowing bona fide nonresident landowners, or their children, or parents, to hunt, trap or fish on their own land during open season in accordance with the laws applying to such hunting, trapping and fishing without obtaining a license to do so unless such lands have been designated as a wildlife refuge or preserve"; to the Committee on Natural Resources then the Judiciary.
By Delegate Louisos:

H. B. 2936 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1B-15; and to amend said code by adding thereto a new section, designated §22-3-33, all relating to restoring or keeping intact scenic views by coal and timber operators; allowing residents to petition county commissions to revoke part of permits; and requiring state agencies to cooperate in enforcing intent"; to the Committee on Natural Resources then the Judiciary.
By Delegates Moore, Perry, Shook and Reynolds:

H. B. 2937 - "A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931, as amended, relating to providing that the members of the board of banking and financial institutions are reimbursed for actual reasonable expenses for attending meetings in accordance of the State Purchasing Division"; to the Committee on Banking and Insurance then Finance.
By Delegates Moore, Perry and Shook:

H. B. 2938 - "A Bill to amend and reenact §31A-4A-1, §31A-4A-2, §31A-4A-3 and §31A- 4A-4 of the Code of West Virginia, 1931, as amended, all relating to the conversion of any bank, thrift or credit union organized under the laws of the United States or any other state to a West Virginia state-chartered bank, and expanding the law to allow charter types to use the conversion statute"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Pethtel, Schadler, Evans, Canterbury, Martin, Butcher, Stowers, Ennis, Klempa and Ferro:

H. B. 2939 - "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 'Disabled Veteran' license plate for motorcycles, and assessing a special initial application fee and a special annual fee therefor"; to the Committee on Roads and Transportation then Finance.
By Delegate Louisos:

H. B. 2940 - "A Bill to amend and reenact §11-15B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-9m, all relating to exempting funeral establishments and authorized representatives of the deceased from any sales tax regarding goods and services funeral establishments otherwise provide in the course of its business"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Rodighiero, Reynolds and Moye:

H. B. 2941 - "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 'In God We Trust' 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 Delegate Lane:

H. B. 2942 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, relating to prohibiting subsidies to entities that perform abortions; to the Committee on the Judiciary.
By Delegates Rodighiero, Eldridge, Stowers, Butcher, Reynolds, Louisos, Shook, Craig and Staggers:

H. B. 2943 - "A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to exempting hunting and fishing licensees for all veterans of the Armed Forces or any reserve component thereof"; to the Committee on Natural Resources then Finance.

By Delegate Rodighiero:

H. B. 2944 - "A Bill to repeal §61-3-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §61-2-31, §61-2-32, §61-2-33 and §61-2-34; and to amend and reenact §61-3-12 of said code, all relating to providing for the criminal offenses of home invasion in the first, second, third and fourth degrees, with prescribed penalties, and otherwise modify the present law of burglary"; to the Committee on
the Judiciary then Finance.
By Delegates Overington, Sumner, Ferro, Sobonya, Hartman, Moore, Louisos, Rodighiero, Lane, Barker and Armstead:

H. B. 2945 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-6-17, relating to public buildings and encouraging public officials to prominently display the national motto on all public property, public buildings and all buildings designed, constructed and maintained with public funds from the state, a county or a municipality"; to the Committee on Government Organization then the Judiciary.
By Delegates Butcher and Williams:

H. B. 2946 - "A Bill to amend and reenact §17C-15-23 of the Code of West Virginia, 1931, as amended, relating to motorcycle equipment; and permitting running lamps on motorcycles, motor-driven cycles and mopeds"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Reynolds:

H. B. 2947 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as amended, relating to requiring the manually counting of ballots in five percent of the relevant precincts in only contested elections"; to the Committee on the Judiciary then Finance.
By Delegates Martin, Argento, Klempa, D. Poling, Varner and Stowers:

H. B. 2948 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-12-1, §5A-12-2, §5A-12-3, §5A-12-4 and §5A-12-5, all relating to green building, encouraging certain state buildings to meet an energy building standard; and requirements for new state office buildings"; to the Committee on Government Organization then Finance.
By Delegates Hatfield, Brown, Guthrie, Klempa, Mahan, Marshall, Martin, Moye, Paxton, Rodighiero and Wells:

H. B. 2949 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1 and §16-43-2, all relating to ensuring patient safety; defining terms; creating an 'acuity-based patient classification system'; directing hospitals to establish an acuity standard; establishing minimum direct-care registered nurse to patient ratios; providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing for quality assurance; requiring appropriate orientation and competence in clinical area of assignment with documentation thereof to be maintained in personnel files"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Webster, Moore, Marshall, Hutchins, Morgan, White, Caputo, Hatfield, Brown, Frazier and Mahan:

H. B. 2950 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-6c, relating to creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods; authorizing the Economic Development Authority to contract with the Housing Development Fund to administer the program; and providing for the funding of the program"; to the Committee on the Judiciary.
House Calendar

Unfinished Business

H. C. R. 4, The "CBM Howard W. Bannister Memorial Bridge";
coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 10, The "T-5 Leon Whitlock and PFC Forrest Wilson Memorial Bridge" and the "SFC Stanley Williams Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. C. R. 12, The "Serbert S. Duty Memorial Bridge"; coming up in regular order, as unfinished business, was, on motion of Delegate Boggs, laid over one day.
H. R. 16
, Designating March 1-7, 2009, as "National Problem Gambling Awareness Week in West Virginia"; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. R. 18, Expressing the will of the House of Delegates regarding Congress and President Obama planning a taxpayer-sponsored economic recovery package and the spending of economic recovery plan moneys; coming up in regular order, as unfinished business, was reported by the Clerk.
On motion of Delegates Armstead, Porter, Cowles, Lane, Border, Blair, Overington, Shott, and J. Miller the resolution was amended on page three, line eight, after the words "nation's economic recovery program", by changing the period to a semicolon and inserting the following:
"and, be it
Further Resolved, That, because all West Virginians have the right to full and free disclosure of the manner in which their hard-earned tax dollars are used, all expenditures of funds provided to the State of West Virginia through the federal economic recovery program should be open and transparent, and should be publicized and made fully accessible to all citizens."
Delegates Armstead, Porter, Cowles, Lane, Border, Blair, Overington, Shott, and J. Miller moved to amend the resolution on page three, line seven, by changing the period to a semicolon and inserting the following:
"and, be it
Further Resolved, That all economic stimulus funding should be expended in the most efficient and effective manner possible to either create or preserve jobs for West Virginia's citizens, and in a manner that will ensure that the West Virginia taxpayers will not be left with the burden of funding new or expanded programs in future years when the economic stimulus funding is no longer available to West Virginia from the federal government."
The question now being on the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 22), and there were--yeas 27, nays 69, absent and not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Ireland, Lane, C. Miller, J. Miller, Overington, Porter, Romine, Rowan, Schadler, Schoen, Shott, Sobonya, Sumner and Walters.
Absent And Not Voting: Campbell, Crosier, Hutchins and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the amendment was not adopted.
The question now being on the adoption of the resolution, Delegate Klempa demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 23), and there were--yeas 84, nays 11, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Azinger, Blair, Carmichael, Cowles, Lane, J. Miller, Overington, Porter and Walters.
Absent And Not Voting: Campbell, Crosier, Doyle, Hutchins and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 18) adopted.
Third Reading

Com. Sub. for H. B. 2040, Relating to when a recognizance bond is released; 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. 24), 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: Campbell, Crosier, Hutchins and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2040) 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. 2418, Relating to exempting certain records of the Division of Corrections and Regional Jail Authority from the Freedom of Information Act that, if released, could aid inmates in committing unlawful acts; 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. 25), 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: Campbell, Crosier, Hutchins and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2418) 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. 2685, Amending the Uniform Principal and Income Act; 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. 26), and there were--yeas 92, nays 1, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Reynolds.
Absent And Not Voting: Beach, Campbell, Crosier, Ennis, Givens, Hutchins and McGeehan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2685) 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

Com. Sub. for H. B. 2412, Providing certain county commissions with authority to regulate the location of businesses offering exotic entertainment; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Remarks of Members

Delegates Carmichael and J. Miller addressed the House regarding H. R. 18, Expressing the will of the House of Delegates regarding Congress and President Obama planning a taxpayer-sponsored economic recovery package and the spending of economic recovery plan moneys.
At the conclusion of their remarks, Delegate Overington asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Delegates Klempa and Caputo also addressed the House regarding H. R. 18, at the conclusion of which, Delegate Martin asked that their remarks also 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 Campbell, Crosier, Hutchins and McGeehan.
At 12:16 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 5, 2009.

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