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House Journal


Day 00 (01-14-2009)
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Day 31 (03-13-2009)
Day 34 (03-16-2009)
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Day 37 (03-19-2009)
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Day 41 (03-23-2009)
Day 43 (03-25-2009)
Day 44 (03-26-2009)
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Day 50 (04-01-2009)
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Day 55 (04-06-2009)
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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)
hdj2009-03-13-31


__________*__________




Friday, March 13, 2009

THIRTY-FIRST 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 Thursday, March 12, 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

Delegate Talbott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 29 - "Requesting the bridge known as Jumbo Bridge in Webster County, West Virginia, 00.1 mile east of the junction with County Road 12 over the right fork of Holly River, specifically bridge number 51-18-0.90(10685), be named the 'Arden Cogar, Sr. Bridge'."
Whereas, Webster County's Arden Cogar, Sr., is a home grown lumberjack, born in 1934, who has set fifty-five world records. Many of these records have gone unbroken, specifically times for chopping horizontal eight inch and twelve inch round yellow poplar, vertical chopping an 8-inch and ten inch yellow poplar, ten inch yellow poplar, ten inch white pine and ten inch aspen and a twelve inch round red pine. His lumber jacking talents also included felling trees to drive stakes, ax throwing for accuracy and chain sawing; and
Whereas, Arden Cogar, Sr. and his wife Carol have operated Arden Cogar Logging for years, developing methods to segregate logs into quality units, veneer, mill logs, tie logs, pulp and other varieties, long before the methods were practiced at mill sites; and
Whereas, Arden Cogar, Sr. organized the Webster County Woodchopping Contest, which is one of the largest and most successful competitions in the United States; it has gained international status and has competitors from Canada, England, Spain, New Zealand and Australia; and
Whereas, Arden Cogar, Sr. continues to teach the sport of lumberjacking and while many of his students become state and regional champions, his son Arden, Jr. and nephew Paul, have also become world champions. Arden Cogar, Sr. managed a team in 2000 that performed for the International Olympic Committee hoping to earn the sport Olympic status in 2008. He has earned regional, national and international acclaim in many facets of forestry and brought much honor to West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 51-18-0.90(10685) 00.1 miles east of the junction with County Road 12 over the right fork of Holly River, the "Arden Cogar, Sr. 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 "Arden Cogar, Sr. Bridge"; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the Commissioner of the Division of Highways and Arden Cogar, Sr.
Delegates Eldridge, Butcher, Rodighiero, Stowers and Louisos offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 30 - "Requesting the Division of Highways name bridge number 23-119-15.31 (2647), in Logan County, the 'Marine Pvt. Robert Clayton Stephenson Memorial Bridge'."
Whereas, Robert Clayton Stephenson grew up in Chapmanville, Logan County, West Virginia; and
Whereas, Robert Clayton Stephenson was an honor student at Chapmanville High School, where he was noted for his student leadership, community service and participation in numerous school groups and activities; and
Whereas, Robert Clayton Stephenson left his studies at West Virginia University to enlist in the United State Marine Corps; and
Whereas, Robert Clayton Stephenson made the ultimate sacrifice for his country on April 23, 1967, when he was killed in action in Quang Nam, South Vietnam; and
Whereas, It is fitting, to honor Robert Clayton Stephenson for his service to his country by naming bridge number 23-119-15.31 (2647), In Logan County, the "Marine Pvt. Robert Clayton Stephenson 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 23- 119-15.31 (2647), in Logan County, the "Marine Pvt. Robert Clayton Stephenson 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 "Marine Pvt. Robert Clayton Stephenson Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby requested to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Robert Clayton Stephenson.
Delegates Phillips and Hall offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 31 - "Requesting the Division of Highways name bridge number 55-10/45-0.03 (10482), in Wyoming County, West Virginia, the 'AirmanFirst Class Christopher Burns Lester Memorial Bridge'."
Whereas, Christopher Burns Lester was born in Wyoming County, West Virginia, on February 15, 1977; and
Whereas, Christopher Burns Lester graduated from Pineville High School in 1995 and enlisted in basic military training July 19, 1995; and
Whereas, Christopher Burns Lester was assigned to the 88th Civil Engineer Group at Wright-Patterson Air Force Base in Ohio and was awarded the basic Civil Engineer Badge on November 7, 1995; and
Whereas, Christopher Burns Lester was decorated with the Purple Heart, Air Force Outstanding Unit Award, National Defense Service Medal and the Air Force Training Ribbon; and
Whereas, Sadly, Christopher Burns Lester made the ultimate sacrifice for his country on June 25, 1996, in Saudi Arabia, leaving behind his parents, Cecil and Judy Lester, his sister, Jessica, his brother, Cecil, Jr. and a host of family and friends; and
Whereas, It is fitting to honor Christopher Burns Lester for his service to his country by naming bridge number 55-10/45-0.03 (10482), in Wyoming County, West Virginia, the "Airman First Class Christopher Burns Lester Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 55-10/45-0.03 (10482), in Wyoming County, West Virginia, the "Airman First Class Christopher Burns Lester 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 "Airman First Class Christopher Burns Lester Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Airman First Class Christopher Burns Lester's family and the Secretary of the Department of Transportation.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegate Frazier:
H. J. R. 21 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section three of article VIII, all relating to making county circuit court deputy clerks employees of the Supreme Court of Appeals of West Virginia; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Mr. Speaker, Mr. Thompson, and Delegates Andes, Anderson, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Butcher, Campbell, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, McGeehan, Miley, C. Miller, J. Miller, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith, Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Tabb, Talbott, Varner, Walker, Webster, Wells, Williams and Wooton offered the following resolution, which was read by the Clerk as follows:
H. R. 29 - "Designating the month of March, 2009 as 'American Red Cross Month'."
Whereas, The American Red Cross was founded in 1881 and chartered by Congress in 1905; and
Whereas, The American Red Cross is recognized as a humanitarian organization which provides compassionate care in times of war and disaster; and
Whereas, The American Red Cross depends on the support of the American people to sustain the Red Cross mission; and
Whereas, In 2008, more than 3,000 American Red Cross volunteers from West Virginia responded to more than 850 disasters statewide, assisted 2,300 military families through a wide variety of support programs, and trained more than 70 thousand in lifesaving courses such as CPR, First Aid and Water Safety; and
Whereas, The American Red Cross collects more than 25,000 pints of life-giving blood from generous West Virginia donors; and
Whereas, The American Red Cross could not provide its vital services without contributions from the American people; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates the month of March, 2009 as "American Red Cross Month"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the appropriate representatives of the American Red Cross.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 29) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 25, Requesting that the Division of Highways relocate the marker known as the Washington Lands Marker in Moundsville,
And reports the same back with the recommendation that it be adopted.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates,
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. 2967) 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. 2985, Providing information on the West Virginia Schools for the Deaf and Blind to the guardian of a child with a visual or auditory impairment,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2985 - "A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended, relating to providing information on the West Virginia Schools for the Deaf and Blind to the parent or guardian of a child with certain visual or auditory impairment," 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. 2839, Relating to the management of pain by physicians,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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'; making conforming amendments to the Management of Pain Act; and expanding the definition of 'pain-relieving controlled substance' in the Act,"
And,
H. B. 2877, Increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2877 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-3A-24 of said code, all relating to revising criminal penalties for a minor who misrepresents his or her age when purchasing alcohol,"
With the recommendation that the committee substitutes each do pass.
Bills Introduced

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

H. B. 3108 - "A Bill to amend and reenact §11-3-2 of the Code of West Virginia, 1931, as amended, relating to requiring the assessor of each county, to within three months of a deed filing in the county clerk's office of each county, to prepare a new property tax ticket and cause such tax ticket to be mailed, from the county sheriff's office"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Frazier, Stowers, Caputo and Wooton:

H. B. 3109 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to the reporting of assaults, batteries and other incidents on school property, during school hours or during school activities to local law- enforcement officials"; to the Committee on Education.
By Delegates Shaver, Talbott, Hartman, Williams, Varner, Azinger, Evans and Crosier:

H. B. 3110 - "A Bill to amend and reenact §20-7-1 of the Code of West Virginia, 1931, as amended, relating to renaming conservation officers to be natural resources police officers"; to the Committee on Natural Resources then Government Organization.
By Delegates Longstreth, Caputo, Klempa and Manchin:

H. B. 3111 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp, relating to requiring county commissions to hold one monthly meeting in the evening"; to the Committee on Finance.
By Delegate D. Poling:

H. B. 3112 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to livestock in dire or extreme condition"; to the Committee on Agriculture then the Judiciary.
By Delegate Guthrie:

H. B. 3113 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-2H-6 and §5B-2H-7; to amend and reenact §8-13-6 of said code; to amend said code by adding thereto a new article, designated §11-6J-1, §11-6J-2 and §11-6J-3; and to amend said code by adding thereto a new section, designated §11-21-12i, all relating to arts, entertainment and enterprise districts, definitions; scope; application by political subdivisions to designate an arts, entertainment and enterprise district; designation by the Secretary of Commerce of an arts, entertainment and enterprise district; expansion; tax status; rules to be promulgated by the Secretary of Commerce; exemption from admission or amusement tax; property tax credit allowed for buildings located within an arts, entertainment and enterprise district; and allowing an additional modification reducing federal adjusted gross income for any income derived within an arts, entertainment and enterprise district by a qualifying residing artist"; to the Committee on Political Subdivisions then Finance.
By Delegate Guthrie:

H. B. 3114 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A-4-46, relating to requiring state-chartered banks to provide ten year, low interest loans to consumers for purchasing solar energy panels; and to provide rule- making authority to the Commissioner of Banking"; to the Committee on Banking and Insurance then the Judiciary.
By Delegate Guthrie:

H. B. 3115 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-5-6, relating to requiring the Public Service Commission to promulgate rules for secondary containment systems or tank top fitting requirements for railroad tank cars carrying hazardous materials"; to the Committee on Government Organization then the Judiciary.
By Delegate Guthrie:

H. B. 3116 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-3-10a; and to amend and reenact §22-3-23 of said code, all relating to the Division of Environmental Protection prioritizing permits based on those that include land use master plans; adjustment of bond release amounts and time frames for completion of land use master plans"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.
By Delegates Schadler, Miley, Tabb, Webster, Ellem, Evans and Rowan:

H. B. 3117 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to magistrate court deputy clerks, their duties and their salaries"; to the Committee on the Judiciary then Finance.
By Delegates Moore, Perry, Shook and Reynolds:

H. B. 3118 - "A Bill to amend and reenact §31A-8-12 and §31A-8-12d of the Code of West Virginia, 1931, as amended, relating to branching procedures and creating a definition for 'sound financial condition'"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Boggs, Argento, Brown, Campbell, Caputo, Eldridge, Klempa, Marshall, Martin, Moye and Rodighiero:

H. B. 3119 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to providing one-time supplements to all annuitants when they reach the age of seventy"; to the Committee on Pensions and Retirement then Finance.
By Delegates Morgan, Marshall, Talbott, Martin, Klempa and Paxton:

H. B. 3120 - "A Bill to repeal §7-4-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-4-6 of said code, relating to the West Virginia Prosecuting Attorneys Institute; increasing the Institute's executive council to seven members; and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings"; to the Committee on Government Organization then the Judiciary.
By Delegate Ross:

H. B. 3121 - "A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as amended, relating to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service"; to the Committee on the Judiciary then Finance.
By Delegate Walters:

H. B. 3122 - "A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended, relating to requiring the Public Service Commission, upon receipt of 911 fees from VoIP service providers within the State of West Virginia who collected said fees, to distribute said moneys directly to the counties in proportion to the amount of 911 fees collected from VoIP service subscribers located in each county"; to the Committee on Government Organization then Finance.
By Delegates M. Poling and Paxton:

H. B. 3123 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-6-9, relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes; making legislative findings; providing process for state spending unit notice to chief technology officer when disposing of certain commodities; examination and identification of usable commodities to agency for surplus property and school systems; reservation of identified commodities by agency for surplus property for donation and transfer to the Department of Education; distribution method established by department; authority to charge and assess fees; authorizing county boards to donate computer hardware and software being replaced to students; state board guidelines; and obligation for serviceability"; to the Committee on Education then Finance.
By Delegate Phillips:

H. B. 3124 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-21, relating to the Department of Health and Human Resources and Medicaid, if applicable and eligible, providing financial assistance to persons in assisted living facilities"; to the Committee on Senior Citizen Issues then Finance.
By Delegate Walters:

H. B. 3125 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-20a, relating to credit for sale of stock in a West Virginia corporation"; to the Committee on Finance.
By Delegate Azinger:

H. B. 3126 - "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 the Department of Health and Human Resources to annually review and adjust rates it pays to care providers"; to the Committee on Health and Human Resources then Finance.
By Delegate Iaquinta:

H. B. 3127 - "A Bill to amend and reenact §61-3C-3 and §61-3C-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §61-3C-4a, §61-3C-4b, §61-3C-4c and §61-3C-4d, all relating to protecting computer owners and users from computer spyware; making it unlawful for persons to transmit computer software for the purpose of modifying settings, collecting personal information by deceptive means or preventing efforts to protect a computer to access a computer; making it unlawful to transmit software to control in such a way as to cause damage or opening multiple pop-up windows; making it unlawful to transmit software for the purpose of modifying settings that protect personal information; making it unlawful to transmit software for the purpose of blocking efforts to block or disable computer software; making it unlawful to induce the installation by misrepresentations or deception; exceptions; and authorizing the Attorney General to enforce this Act"; to the Committee on the Judiciary.
By Delegates Craig, Webster and Morgan:

H. B. 3128 - "A Bill to amend and reenact §24-2-3 of the Code of West Virginia, 1931, as amended, relating to the use of reported income tax expenses in setting the rates of certain public utilities"; to the Committee on the Judiciary then Finance.
By Delegates Moore, Kominar, Craig, Varner, Campbell, Webster and Andes:

H. B. 3129 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10 and §5B-2H-11, all relating to the Creative Communities Development Pilot Program; pronouncing legislative finding and intent; creating the Creative Communities Development Fund; establishing the Creative Communities Development Board; providing requirements for applications for the use of matching funds from the Creative Communities Development Fund; providing for review of applications by the West Virginia Development Office; establishing that the Creative Communities Development Board shall have the authority to approve matching grants from Creative Communities Development Fund; establishing matching requirements from applicants; establishing eligible expenditures; defining parameters of agreement between West Virginia Development Office and a community for use of grant funds; providing for a review and audit of expenditures by West Virginia Development Office; and providing for review of Creative Communities Development Pilot Program"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Perdue, Hamilton, Morgan, Guthrie, Fleischauer and M. Poling:

H. B. 3130 - "A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended, relating to increasing the barrel tax on nonintoxicating beer; dedication of the revenues resulting from the tax increase to the prevention, early intervention, treatment and recovery of substance abuse"; to the Committee on Finance.
By Delegates Fleischauer, Beach, Manypenny, Brown, Staggers, Talbott, Barker, Lawrence, Phillips and Longstreth:

H. B. 3131 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3, §22-29-4, §22-29-5 and §22-29-6, all relating to the adoption of green building standards for the construction or renovation of public buildings over five thousand square feet in size"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Fleischauer, Lawrence, Klempa, Marshall, Martin, Staggers, Michael, Hamilton, Brown, Beach and Phillips:

H. B. 3132 - "A Bill to amend and reenact §17C-10-2 and §17C-10-7 of the Code of West Virginia, 1931, as amended, all relating to pedestrians' right-of-way in crosswalks; penalties for violations"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Fleischauer, Manypenny, Marshall, Martin, Barker, Staggers, Brown, Hall, Klempa, Longstreth and D. Poling:

H. B. 3133 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of police or fire departments employed by political subdivisions; providing for the right of these members to self-organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of employee organization dues and assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearing before civil service commission; providing judicial review; specifying powers and duties of the Civil Service Commission; and allowing injunctive relief"; to the Committee on Government Organization then the Judiciary.
By Delegates Fleischauer, Beach, Marshall, Shook, Hunt, Frazier, Brown, Miley, Longstreth, Lawrence and Manchin:

H. B. 3134 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3A-1, §3-3A-2 and §3-3A-3, all relating to a vote by mail pilot program; requiring the Secretary of State select five municipalities for a pilot project; and rules governing the elections"; to the Committee on the Judiciary then Finance.
By Delegate Andes:

H. B. 3135 - "A Bill to amend and reenact §16-2I-7 and §16-2I-9 of the Code of West Virginia, 1931, as amended, all relating to requiring physicians and medical institutions to report where abortions have been performed due to perceived congenital defects of fetuses; providing a civil penalty for failure to report an abortion"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Walters, Webster, Wells, Guthrie, Schoen, Hunt, Hatfield, Skaff, Spencer and Armstead:

H. B. 3136 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to providing in the 2009 taxable year a modification, up to a $10,000, decreasing personal taxable income for payment to a taxpayer as a result of a reduction in force"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate J. Miller:

H. B. 3137 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-31-1, §18-31-2, §18-31-3, §18-31-4, §18-31-5, §18-31-6, §18- 31-7, §18-31-8 and §18-31-9, all relating to creating the Special Needs Scholarship Program, with said program to be administered by the West Virginia State Board of Education"; to the Committee on Education then Finance.
By Delegates Fleischauer, Beach, Marshall, Susman, Manypenny, Martin, Barker, Brown, Lawrence, Phillips and Klempa:

H. B. 3138 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-7-12a, relating to providing paid childbirth leave for higher education personnel"; to the Committee on Education then Finance.
By Delegates Stephens, Reynolds and Morgan:

H. B. 3139 - "A Bill to amend and reenact §11A-3-23 of the Code of West Virginia, 1931, as amended, relating to increasing the amount for a title examination when a person redeems real property"; to the Committee on the Judiciary then Finance.
By Delegate Hunt:

H. B. 3140 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-10F-1, §11-10F-2, §11-10F-3, §11-10F-4 and §11-10F-5, all relating to tax map sales"; to the Committee on the Judiciary then Finance.
By Delegates Hamilton, Longstreth, Caputo, D. Poling, Canterbury, Ireland, Manchin, Andes, Walker and Cowles:

H. B. 3141 - "A Bill to amend and reenact §61-3-16 of the Code of West Virginia, 1931, as amended, relating to the larceny of copper ground wires or cables from communications towers sites"; to the Committee on the Judiciary.
By Delegates Beach, Marshall and Canterbury:

H. B. 3142 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-20-12a, relating to prohibiting counties from using service fees or user fees to finance infrastructure projects"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Hall, Butcher, Ross, Moore, Eldridge, Walker, Phillips, Shaver, Stowers, Staggers and Ferro:

H. B. 3143 - "A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to rendering cardiac arrest as a compensable injury pursuant to West Virginia Workers' Compensation law"; to the Committee on the Judiciary then Finance.
By Delegates Longstreth, Hamilton and Klempa:

H. B. 3144 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22-9b, relating to requiring the Lottery Commission to establish an instant lottery scratch-off game designated as the State Road Benefit Game, beginning September 1, 2010, with all net profits received from the sale of State Road Benefit Game lottery tickets, materials and games to be deposited with the State Treasurer into the State Road Fund"; to the Committee on the Judiciary then Finance.
By Delegates Hall, Frazier, Phillips, Eldridge, Butcher, Ross, Moore and Stowers:

H. B. 3145 - "A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-16-2 of this code, all relating to giving municipalities with less than twenty-five employees the right to buy into becoming employees pursuant to the West Virginia Public Employee Retirement Act and the West Virginia Public Employees Insurance Act"; to the Committee on Pensions and Retirement then Finance.
By Delegates Moye, Perry, Shaver, Caputo, Fragale and Rodighiero:

H. B. 3146 - "A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-16-2 of this code, all relating to giving municipalities with less than twenty-five employees the right to buy into becoming employees pursuant to the West Virginia Public Employee Retirement Act and the West Virginia Public Employees Insurance Act"; to the Committee on Education.
By Delegates Fragale, Caputo and Klempa:

H. B. 3147 - "A Bill to amend and reenact §60-3A-18 and §60-3A-25 of the Code of West Virginia, 1931, as amended, and to amend and reenact §60-7-12 of said code, all relating to allowing the legal sale of liquor and wine on Sunday to be the same hours as prescribed for the sale of beer on Sunday"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Blair, Duke, Tabb, Lawrence and J. Miller:

H. B. 3148 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44A-3-4a, relating to permitting a county sheriff when acting as a conservator to retain five percent of the protected person's estate, up to $250 per year, for administrative expenses"; to the Committee on the Judiciary then Finance.
By Delegates Overington, Blair, Duke, Tabb, J. Miller and Lawrence:

H. B. 3149 - "A Bill to amend and reenact §16-13A-3 of the Code of West Virginia, 1931, as amended, relating to changing the board members of public service districts terms from six years to three years"; to the Committee on Political Subdivisions then the Judiciary.
At 11:24 a, m., on motion of Delegate Boggs, the House of Delegates recessed until for fifteen minutes, and reconvened at the expiration of the recess.
Special Calendar

Unfinished Business

H. C. R. 14, The "Corporal William Dely 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. 17, The "War Veterans of Mercer County Memorial Bridge"; coming up in regular order, as unfinished business, was, on motion of Delegate Boggs, laid over.
H. C. R. 18, The "Chief Master Sergeant George Wallace Hedrick, Jr, Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
On motion of Delegate Boggs, the resolution was amended on page two, line seven, by striking out all of lines seven through fourteen and inserting in lieu thereof the following:
"Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridges along U.S. 119 straddling the Little Coal River between Lincoln County and Kanawha County, just south of the Lincoln County Route 1/2- McCorkle exit, identified as bridge number 20-119-1.06 '3174', the 'Chief Master Sergeant George Wallace Hedrick, Jr. Bridge', to honor George Wallace Hedrick, Jr. for his service and sacrifice to his community and his country; and, be it".
There being no further amendments, the resolution, (H. C. R. 18) was then adopted, as amended.
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. 19, Requesting the Division of Highways to rename Guy Gillenwater Hollow to "Heritage Road"; coming up in regular order, as unfinished business, was reported by the Clerk.
On motion of Delegate Boggs, the resolution was amended on page one, line six, by striking out the resolution in its entirety and inserting in lieu thereof the following:
"Requesting the Division of Highways to rename Lincoln County Route 13/7 in Yawkey, currently named "Guy Gillenwater Hollow" road, to "Heritage Road."
Whereas, Guy Gillenwater Hollow Road was once known as Heritage Road; and
Whereas, The residents of that road have long known it as Heritage Road; and
Whereas, Residents and visitors continue to call it Heritage Road; and
Whereas, It has caused much confusion among emergency responders and visitors who traverse that road; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to rename Lincoln County Route 13/7 in Yawkey, currently named "Guy Gillenwater Hollow" road, to "Heritage Road"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends of the road; 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 the Lincoln County Commission."
There being no further amendments, the resolution (H. C. R. 19) was then adopted, as amended.
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. 20, Requesting the Division of Highways add to the signage on bridge number O6-O2-0.10, in Cabell County, adding "Green Beret" above "Sgt. Jackie L. Waymire Memorial Bridge" and "Recipient of DSC KIA Vietnam 1967" below ; 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. 21, The "Staff Sgt. Jeremy Alexander Brown Memorial Bridge"; coming up in regular order, as unfinished business, was reported by the Clerk.
On motion of Delegate Boggs, the bill was amended on page two, line eighteen, by striking out the words "the members of the Legislature request", and inserting in lieu thereof "the Legislature hereby requests".
There being no further amendments, the resolution (H. C. R. 21) was then adopted, as amended.
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. 22, The "Buffalo Creek Memorial Highway"; 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. 23, The "Corporal Alfred E. Collins 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.
Reordering of the Calendar

The Clerk announced that the Committee on Rules had transferred Com. Sub. for H. B. 2788 and H. B. 2952, on second reading, Special Calendar, to the House Calendar.
Second Reading

Com. Sub. for H. B. 2423, Relating to the Board of Medical Imaging and Radiation Therapy Technology; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading
Com. Sub. for H. B. 2444, Creating the Legislative Oversight Commission on Long-Term Care; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Morgan and Stephens, the bill was amended on page six, section three, line thirty, after the word "Education", by inserting a comma and words "the West Virginia Assisted Living Association".
There being no further amendments, the bill was then ordered to engrossment and third reading.
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 2651, Repealing article regulating male breeding animals,
H. B. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984,
Com. Sub. for H. B. 2904, Authorizing rules for higher education,
H. B. 2913, Relating to the Statewide Independent Living Council,
And,
Com. Sub. for H. B. 2969, Requiring firefighters to have annual hazardous materials training.
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. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules,
Com. Sub. for H. B. 2335, Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program",
Com. Sub. for H. B. 2691, Repealing outdated sections of West Virginia Code,
And,
H. B. 3047, Clarifying that the Director of the Public Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care services.
At 11:57 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 16, 2009.

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