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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)
hdj2009-03-18-36

__________*__________

Wednesday, March 18, 2009

THIRTY-SIXTH 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 17, 2009, being the first order of business, when the further reading thereof was dispensed with and the same approved.
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. 24, Declaring the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2009,
And reports the same back with the recommendation that it be adopted.
Delegate Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 18th day of March, 2009, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 403), Making supplemental appropriation from State Road Fund to Department of Transportation.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 329, Updating terms in Personal Income Tax Act,
And,
S. B. 410, Updating terms in Corporation Net Income Tax Act,
And reports the same back with the recommendation that they each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2836, School Innovation Zones Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 and §18-5B-8, all relating to school innovation zones; setting forth legislative findings, intent and purpose; authorizing State Board to designate school innovation zones; establishing processes for application and plan review and approval and amendment; providing process for grant of exceptions to State Board and county policies, rules and interpretations, and statutes, and prohibiting exceptions from certain policies, rules and interpretations, and statutes; providing for revocation of designation and plan approval; requiring annual report by the State Board; 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 and emergency rules,"
With the recommendation that the committee substitute do pass.
On motion for leave, a bill was introduced (Originating in the Committee on Education and reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates M. Poling, Paxton, Stowers, Ennis, Moye, Shaver, Williams, Perry, Shott, Sumner and Canterbury:

H. B. 3229 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-18B-1 and 18B-18B-2, all relating to creation of the Science and Research Council."
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2241, Relating to credit card solicitation on college campuses,
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. 2241) 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. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety,
And reports the same back with the recommendation that it do pass.
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. 2050, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members,
And reports the same back with the recommendation that it do pass.
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. 3011, Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program,
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. 3011) 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. 2919, Including enforcement officers employed by the Alcohol and Beverage Control Commission in the classified service under the Civil Service 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. 2919) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3120, Increasing the WV Prosecuting Attorneys Institute's executive council from five members to seven members and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings,
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. 3120) and 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. 2827, Labor, supervision of elevator mechanics and apprentices,
And,
H. B. 2787, Removing the requirement of the Public Service Commission to serve recommended decisions by certified mail and allowing a service by electronic transmission,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2827 and H. B. 2787) were each referred to the Committee on the Judiciary.
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. 2860, Regulating the sequestration and storage of carbon dioxide,
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. 2860) 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. 2566, Expanding applicability of increased penalties for crimes against certain protected persons,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2566 - "A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to crimes against certain protected persons; expanding applicability of increased criminal penalties for battery, malicious assault and unlawful assault against a government employee or contract worker; expanding existing protections for health care workers to include contract workers; and changing fine structure for the penalty for battery on a government employee, contract worker, or health care worker,"
And,
H. B. 2690, Updating language pertaining to indemnity for the death of diseased or infected animals,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2690 - "A Bill to amend and reenact §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34, §19-9-34a, §19-9-35 and §19-9-36 of the Code of West Virginia, 1931, as amended, all relating to updating language pertaining to the death of diseased or infected animals; indemnity for the death of diseased or infected animals; deleting outdated amounts paid to appraisers and arbitrators for services rendered; and disposing of dead domesticated animals,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 3158, Providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3158 - "A Bill to amend and reenact §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-9, §8-13C-11 and §8-13C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-15-8a and §8-15-8b of said code; to amend said code by adding thereto two new sections, designated §8-15-8d and §8-15-8e; to amend and reenact §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a, §8-22-26a and §8-22-27 of said code; to amend said code by adding thereto two new sections, designated §8-22-18a and §8- 22-18b; to amend said code by adding thereto a new section, designated §11-21-12i; to amend and reenact §12-4-14 of said code; to amend said code by adding thereto a new section, designated §33-2-15e; to amend and reenact §33-3-14d and §33-3-33 of said code; and to amend said code by adding thereto three new sections, designated §33-3-14e, §33-3-34 and §33-3-35, all relating to providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire departments generally; revising the conditions upon which municipalities may impose pension relief occupational taxes, sales and service and use taxes, and other taxes, and may issue bonds, dedicated solely to reducing the unfunded actuarial accrued liability of the municipality's policemen's and firemen's pensions and relief funds; modifying requirements for bonds issued by a municipality to eliminate the unfunded actuarial accrued liability; adding requirements for the establishment of a defined contribution plan by a municipality; adding requirement for eligibility for allocations to volunteer fire companies and departments from the Fire Protection Fund; providing for the disposition of assets and moneys derived from allocations from the Fire Protection Fund upon the sale of the assets by a volunteer fire company or department or the withdrawal of its certification; requiring sworn statements of expenditures or reports from volunteer fire companies and departments receiving allocations from the Fire Protection Fund to be filed with the Legislative Auditor; providing for disposition of funds withheld from distribution for failure to file the statements or reports; establishing criminal penalties for filing fraudulent documents; establishing eligibility criteria for volunteer fire companies and departments to receive funds allocated from the Volunteer Firefighters Length of Service Awards Program Fund; revising calculation of overtime for compensation and average adjusted salary for new employees who are members of municipal policemen's and firemen's pensions and relief systems; requiring additional duties of municipal policemen's and firemen's pensions and relief fund trustees; establishing the West Virginia Municipal Pensions Oversight Board; specifying powers, duties, liabilities and compensation of oversight board members; requiring reporting on local pension funds' investment returns; creating the West Virginia Municipal Pensions Security Fund; transferring certain duties from the State Treasurer to the oversight board and providing for efficient transition; requiring municipal contributions on a monthly basis; requiring deposits of certain revenues within five days of receipt; increasing employee contributions to the pension and relief funds for new employees to nine and one-half percent of salary and for current members to eight and one-half percent of salary; requiring the increased contributions as a condition of eligibility to receive certain insurance premium tax revenues; reducing time to qualify for insurance premium tax revenues allocation; providing for annual actuarial report, for periodic review of the actuarial process and for periodic actuarial audit; setting minimum standards for annual municipality contributions to pension funds; establishing target funding ratios of eighty, ninety and one hundred percent of unfunded liabilities; establishing amortization periods; eliminating alternative funding method; providing for contract actuary; establishing actuarial process; requiring reports; authorizing local pension boards of trustees to investment with the state Investment Management Board and Board of Treasury Investments; requiring compliance with the Uniform Prudent Investor Act; revising restrictions and conditions of authorized investments by municipal trustees; requiring reporting of municipal trustees' investment policy; requiring reporting of fees and transactions costs; providing for disability examinations; requiring completion of investigation of charge and any implementation of disciplinary action by board of trustees prior to consideration of disability retirement; authorizing light-duty work at discretion of the municipality and the employee; revising calculation of and requirements for supplemental benefits; providing for reinstatement to employment and payments of assessments for those returning from military service; establishing deduction of insurance premium surcharges assessed for volunteer fire companies and departments for state personal income tax purposes; requiring study of casualty and surety insurance by insurance commissioner; repeal of current fire and casualty insurance additional premium tax provisions; continuation and increase of fire and casualty insurance additional premium tax solely for municipality's policemen's and firemen's pensions and relief system and reallocation of the tax collections; segregating increased portion of tax for investment and allocation on a matching fund basis; requiring imposition of municipal tax or taxes to receive matching funds; providing amortization schedule for plans with funding level of at least one hundred ten percent; repeal of current fire and casualty insurance premium surcharge provisions; continuation and increase of fire and casualty insurance premium surcharge solely for volunteer fire companies and departments; civil penalties for failure to collect the premium surcharge; allocating and distributing the surcharge collections; imposing additional fire and casualty insurance premium surcharge solely for volunteer fire companies and departments' length of service awards programs; civil penalties for failure to collect the additional premium surcharge; eligibility for allocation of the additional premium surcharge collections; providing duties and expense allowance for State Treasurer and State Fire Marshall; imposing requirements for the use of distributed allocations; and providing disposition of unallocated portion of the collections,"
With the recommendation that the committee substitute do pass.
Messages from the Senate

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. 276 - "A Bill to amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to imposing a statute of limitations on the bringing of any civil action derived from the actual surveying of real property more than ten years after the performance of the services is accepted"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 418 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a, relating to requirements for municipalities when they implement or increase a municipal fee"; which was referred to the Committee on Political Subdivisions then Finance.
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
S. B. 466 - "A Bill to amend and reenact §29-6-5 of the Code of West Virginia, 1931, as amended, relating to the functions of the Division of Personnel"; which was referred to the Committee on Government Organization then Finance.
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
S. B. 487
- "A Bill to amend and reenact §29-6-7 of the Code of West Virginia, 1931, as amended, relating to the qualifications of the Director of the Division of Personnel"; which was referred to the Committee on Government Organization.
Resolutions Introduced

Mr. Speaker, Mr. Thompson, and Delegates White, Eldridge, Anderson, Ashley, Barker, Boggs, Butcher, Campbell, Cann, Caputo, Carmichael, Craig, Crosier, Ennis, Evans, Fragale, Givens, Guthrie, Hutchins, Iaquinta, Klempa, Kominar, Longstreth, Mahan, Manchin, Marshall, Martin, Michael, Moore, Morgan, Moye, Perdue, Phillips, M. Poling, Reynolds, Staggers, Stephens, Stowers, Swartzmiller, Varner, Walker, Walters, Webster, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 37 - "Declaring Bituminous Coal to be the official State rock."
Whereas, From the very early days of European exploration of what is now West Virginia, the presence of coal was duly noted; and
Whereas, For example, in 1742 the first discovery of coal by an European explorer was made by John Peter Salley in the area now near Racine, West Virginia. John Peter Salley, therefore, named the nearby tributary of the Kanawha River where he observed the coal deposit as the Coal River; and
Whereas, In 1770 George Washington noted "a coal hill on fire" near West Columbia in current Mason County; and
Whereas, In 1810 the first commercial coal mine opened near Wheeling by Conrad Cotts for blacksmithing and domestic use; and
Whereas, The coal industry has evolved into and has been for many years an integral part of the economic and social fabric of the State; and
Whereas, Bituminous Coal is found naturally deposited in the vast majority of the fifty-five counties of our great State; and
Whereas, Whereby many of those deposits have great economic importance and also where extensive mining operations are located; and
Whereas, Whole communities in this State rely in large part, if not completely, on the Bituminous Coal industry for their continuing vitality; and
Whereas, Bituminous Coal is used as a major product in the manufacturing or steel used in the many automobiles in the country; and
Whereas, Bituminous Coal is used in the chemical industries and in the manufacturing of hundreds of other products, such as medicines, that enhance our quality of life; and
Whereas, West Virginia is the second largest Bituminous Coal producing state in the United States. For example, in 2008 there were 157,456 short tons of Bituminous Coal mined within West Virginia; and
Whereas, Many experts have asserted there is another five hundred years worth of commercially viable Bituminous Coal yet to be mined within West Virginia; and
Whereas, The Bituminous Coal industry remains essential to economic growth and progress in West Virginia and the United States; and
Whereas, It is fitting that a substance critical to the economic well-being of this great State of West Virginia and otherwise steeped in its history as Bituminous Coal be recognized as the official state rock of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That Bituminous Coal is hereby designated and declared to be the official State rock; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Britnee Gibson, a senior, currently enrolled at Gilbert High School in Mingo County, West Virginia.
Mr. Speaker, Mr. Thompson, and Delegates Perdue and Stephens offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 38 - "Requesting the Division of Highways name bridge number 50-152-33.24 in Wayne County, the 'Bob W. Bellomy Memorial Bridge'."
Whereas, Bob W. Bellomy was a member of Patton's 3rd Army, 8th Infantry Division in France, 1944; and
Whereas, Bob W. Bellomy's patrol came under fire from Nazi German soldiers in the battle commonly called "The Battle of the Bulge"; and
Whereas, Bob W. Bellomy was wounded in combat; and
Whereas, Bob W. Bellomy was taken captive as a prisoner of war until April 1945; and
Whereas , It is fitting that this be named for Bob W. Bellomy to honor his life and his faithful and courageous service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 50- 152-33.24 in Wayne County, the "Bob W. Bellomy 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 "Bob W. Bellomy Memorial Bridge, Recipient of the Purple Heart and a Prisoner of War, Died August 4, 2008; and be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Bob W. Bellomy and the Secretary of the Department of Transportation.
Delegates Manypenny, Argento, Azinger, Beach, Boggs, Brown, Butcher, Campbell, Cann, Caputo, Craig, Crosier, Doyle, Eldridge, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hatfield, Hunt, Hutchins, Ireland, Klempa, Kominar, Lawrence, Louisos, Mahan, Marshall, Michael, Miley, C. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Reynolds, Rowan, Schadler, Shaver, Shook, Skaff, Smith, Sobonya, Spencer, Staggers, Stephens, Stowers, Susman, Tabb, Varner, Walker, Webster, Wells, White and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 39 - "Requesting the Division of Highways name bridge number 46-119/ 42-0.16 (3389) located on Yates Crossing Road in Grafton, Taylor County, the 'Clair Bee: Basketball Coach and Author Memorial Bridge'."
Whereas, The late Clair Bee, the grandson of Ephraim Bee who was a member of the first West Virginia Legislature, was born in Grafton, West Virginia in March, 1896; and
Whereas, Clair Bee was an outstanding American basketball coach who led Long Island University to undefeated seasons in 1936 and 1939, as well as two National Invitation Tournament titles; and
Whereas, Bee's teams won ninety-five percent of their games from 1931 to 1951, including forty-three in a row from 1935 to 1937; and
Whereas, Clair Bee started his career as a student basketball

player at Grafton High School and followed his dream to become the coach of the National Basketball Association's Baltimore Bullets from 1952 to 1954; and
Whereas, Clair Bee was inducted into the Basketball Hall of Fame in 1968, and the "Clair Bee Coach of the Year Award" is awarded every year to a coach who makes an outstanding contribution to the game of college basketball; and
Whereas, Clair Bee created the fictional Chip Hilton series of books for children, which have inspired teen athletes for over five decades instilling lasting values and developing solid character, from which the "Chip Hilton Player of the Year Award" was created and is given every year to a men's basketball player; and
Whereas, Clair Bee brought fame and honor to his hometown of Grafton, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 46-119/42-0.16 (3389) located on Yates Crossing Road in Grafton, Taylor County, the "Clair Bee: Basketball Coach and Author 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 "Clair Bee: Basketball Coach and Author Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of Transportation, the Mayor and City Council of the City of Grafton, West Virginia, David A. Smith, President of the Grafton High School Athletic Boosters, and the surviving members of Clair Bee's family.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Hamilton, Ireland, Romine, Andes, Rowan, Shott, Blair, Porter, Sobonya, Duke and McGeehan:

H. J. R. 24 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section twenty-three, relating to defining what constitutes a valid and recognized marriage in this state; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegate Marshall offered a resolution, which was read by the Clerk as follows:
H. R. 35 - "Designating March 18, 2009, as 'Crime Victims Day at the Legislature'."
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime Victims Day at the Legislature" by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation, and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of crime and families make valuable contributions to those who have been affected by crime in our State; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many organizations and individuals who serve the needs of victims of crime and appreciate their many contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the House of Delegates:

That the House of Delegates hereby designates March 18, 2009, as "Crime Victims Day at the Legislature": and, be it
Further Resolved, That the House of Delegates expresses its appreciation to the many organizations which serve victims of crime and their families throughout our State and for the dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the appropriate official with the West Virginia Crime Victims Compensation Fund, Cheryle M. Hall, Clerk of the Court.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 35) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Petitions

Delegate Boggs presented a petition signed by residents of his district, requesting public water service for Crites Mountain residents; which was referred to the Committee on Judiciary.
Delegates D. Poling, Anderson, Azinger, Border and Ellem presented a petition signed by residents of the State, in support of an increase in Medicaid clinic and rehabilitation rates; which was referred to the Committee on the Health and Human Resources.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Fleischauer, Beach, Shook, Stowers, Perry, Iaquinta, Longstreth, Phillips and Lawrence:

H. B. 3191 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18B-1-12 and §18B-1-13, all relating to requiring public and private institutions of higher learning within West Virginia to present plans to the Joint Committee on Government and Finance by October 1, 2009, that involve making their campuses more 'military or veteran friendly'"; to the Committee on Education then Finance.
By Delegates Ferro, Fleischauer, Hall, Varner, Beach, Stowers, Pethtel, Klempa and Lawrence:

H. B. 3192 - "A Bill to amend and reenact §5-1-20 of the Code of West Virginia, 1931, as amended, relating to requiring reports to the Governor from state agencies to be made available electronically via the Internet"; to the Committee on Government Organization.
By Delegate Armstead:

H. B. 3193 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to prohibiting cloning human embryos in state medical schools, colleges or universities; and providing dismissal from employment for this conduct"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ferro and Hamilton:

H. B. 3194 - "A Bill to amend and reenact §31B-2-205 of the Code of West Virginia, 1931, as amended, relating to creating criminal penalties for knowingly filing materially false information on behalf of a limited liability company or knowingly signing a document on behalf of a limited liability company without the appropriate authorization with the Secretary of State"; to the Committee on the Judiciary.
By Delegates Argento, Boggs, Craig, Hatfield, Perdue, Pethtel and Williams:

H. B. 3195 - "A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to rules and emergency rules by the Secretary of the Department of Health and Human Resources to establish a funding mechanism for state aid for local health departments and to hold harmless the public health departments during a three year transition period"; to the Committee on Government Organization then Finance.
By Delegates Marshall, Iaquinta, Craig, Manchin, Evans and Anderson:

H. B. 3196 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegates Fleischauer, Beach, Shook, Marshall, Manchin, Talbott, Miley, Mahan, Caputo, Fragale and Perdue:

H. B. 3197 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16b, relating to authorizing municipalities to permit nonpolice officers to issue citations for littering"; to the Committee on the Judiciary then Finance.
By Delegates Ellem, D. Poling and Ireland:

H. B. 3198 - "A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to lengthening the reevaluation cycle of real property from every three years to every five years; and limiting any assessment increase to ten percent in any one year"; to the Committee on the Judiciary then Finance.
By Delegates Cowles, Shook, Ellem, Andes, Moore, Michael and J. Miller:

H. B. 3199 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §1-2-2c, relating to the redistricting of the House of Delegates into one hundred single member districts after the 2010 census"; to the Committee on the Judiciary then Finance.
By Delegates Susman, Fleischauer, Marshall, Beach, Longstreth, Moye and Porter:

H. B. 3200 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; providing for election of commissioners; compensation; term of office; prohibiting contributions for election from utilities regulated by the Public Service Commission; and requiring the Public Service Commission to establish procedures for the removal of any of its commissioners for inactivity, neglect of duty or malfeasance"; to the Committee on Government Organization then the Judiciary.
By Delegates Hutchins, Campbell, Ellem, Frazier, Moore, Sobonya and Varner:

H. B. 3201 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-140, relating to requiring credit card companies to include, on the monthly bill, the amount of time and money it would take to pay off a personal or business credit card bill, if they only make the minimum monthly payments"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Cowles, J. Miller, Doyle, Tabb, Lawrence, Michael, Cann, Duke, C. Miller, Blair and Overington:

H. B. 3202 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to the excise tax on the privilege of transferring real property; and providing that the tax be used to reimburse counties for regional jail fees"; to the Committee on the Judiciary then Finance.
By Delegates Williams, Barker, Andes, Rowan and Argento:

H. B. 3203 - "A Bill to amend and reenact §61-2-10a of the Code of West Virginia, 1931, as amended, relating to violent crimes against the elderly"; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates Boggs, Barker, Campbell, Craig, Ireland, Perry, Reynolds, Tabb, Talbott, White and Williams:

H. B. 3204 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to allowing a credit against state personal income tax for the purchase of new wood or pellet stove, and the purchase of wood pellets within the State of West Virginia; and establishing the qualifying performance criteria for those stoves"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegates Givens, Swartzmiller, Talbott, Tabb, Argento and Pethtel:

H. B. 3205 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to allowing individuals to utilize any portion of their federal civil service retirement pension based on credit for their military service to reduce their federal adjusted gross income for West Virginia personal income tax purposes, as well as allowing an individual to obtain this modification if the claimant can provide to the State Tax Commissioner a screen print or short form letter from the United States Office of Personnel Management, or its successor, with information pertaining to applicable particular credit for their military service towards their federal civil service retirement pension"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Argento, Shaver, Kominar, Barker, Ross and Eldridge:

H. B. 3206 - "A Bill to amend and reenact §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-8 of said code, all relating to authorizing the Secretary of the Department of Environmental Protection to sign National Pollutant Discharge Elimination System permits; eliminating a delegation of authority provision; and making a technical correction concerning appeals"; to the Committee on Government Organization then the Judiciary.
By Delegate Reynolds:

H. B. 3207 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2A-2a, relating to permitting a member of the Legislature to decline all or any portion of his or her compensation"; to the Committee on the Judiciary then Finance.
By Delegates Fragale, Williams, Duke, Shott and Smith:

H. B. 3208 - "A Bill to amend and reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-4-1, §18-4-2 and §18-4-4 of said code; and to amend and reenact §18-5-1a of said code, all relating to including the hours of training county board members have acquired; interim term of county superintendents; appointment of interim county superintendent in cases of medical incapacitation; compensation; and county board member training standards review committee"; to the Committee on Education then the Judiciary.
By Delegate Morgan:

H. B. 3209 - "A Bill to amend and reenact §5A-8-15 of the Code of West Virginia, 1931, as amended, relating to merging the functions of the Records Management and Preservation Advisory Committee with the Records Management and Preservation Board"; to the Committee on Government Organization then Finance.
By Delegate Boggs:

H. B. 3210 - "A Bill to amend and reenact §15-2-10 of the Code of West Virginia, 1931, as amended, relating to permitting the Superintendent of the State Police to consult with the Insurance Commissioner instead of the executive director of the Workers' Compensation Commission in order to defray medical costs; and changes the maximum medical care costs schedule from that of the Workers' Compensation Commission to the Insurance Commissioner"; to the Committee on Government Organization then the Judiciary.
By Delegate Boggs:

H. B. 3211 - "A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B-16, all relating to DNA data collection generally; providing definitions; authorizing the West Virginia State Police to administer DNA identification system; authorizing the West Virginia State Police to enter into certain cooperative agreements; requiring DNA sample be obtained upon conviction; identifying tests to be performed on DNA samples; providing authority to maintain samples; providing procedure for withdrawing and analyzing samples; providing procedure for exchanging samples with others; providing procedure for removing sample from database by expungement; providing for destruction of samples; providing penalties; and authorizing the West Virginia State Police to collect certain fees for DNA testing"; to the Committee on the Judiciary.
By Delegates Miley, Iaquinta and Fragale:

H. B. 3212 - "A Bill to amend and reenact §3-8-5b of the Code of West Virginia, 1931, as amended, relating to campaign finance reporting"; to the Committee on the Judiciary.
By Delegates Frazier, Fleischauer, Ellem, Moore, Hunt, Wooton and Miley:

H. B. 3213 - "A Bill to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to allowing the county commission to elect whether the sheriff or the local community corrections program may supervise the home incarceration program if the county has a community corrections program"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Miley, Iaquinta and Fragale:

H. B. 3214 - "A Bill to amend and reenact §30-18-1 of the Code of West Virginia, 1931, as amended, relating to the definition of a private investigator"; to the Committee on the Judiciary.
By Delegates Carmichael and Armstead:

H. B. 3215 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to eliminating the start date and the end date of the instructional term for public schools; and to increase the number of instructional days from one hundred eighty to one hundred eighty-two"; to the Committee on Education then Finance.
By Delegates Kominar, Webster, White and Staggers:

H. B. 3216 - "A Bill to amend and reenact §51-2A-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-9-10 of said code, all relating to authorizing the Chief Justice of the Supreme Court of Appeals of West Virginia to appoint senior family court judges back to the bench"; to the Committee on the Judiciary.
By Delegate Carmichael:

H. B. 3217 - "A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended, relating to decreasing a teacher's professional development days from six days per year to three days per year"; to the Committee on Education.
By Delegates Walker, Smith, D. Poling, Hall and Phillips:

H. B. 3218 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2B-5, relating to requiring that any person seeking an abortion provide two forms of identification, one which must be a valid governmental form of identification"; to the Committee on the Judiciary.
By Delegates Wooton, Moye, Shook, Susman, Frazier, Manchin, Fleischauer, Mahan, Sumner, Ellem and Miley:

H. B. 3219 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §29-3-5c and §29-3-5d, all relating to adopting the standards of National Fire Protection Association for the handling and storing of liquefied petroleum gases and for gas appliances and gas piping; and authorizing the State Fire Commission to promulgate rules to implement those standards"; to the Committee on the Judiciary then Finance.
By Delegates Craig, Fleischauer, Williams, Pethtel, Marshall, Stowers, Boggs, Sumner and Lawrence:

H. B. 3220 - "A Bill to amend and reenact §18-7D-5 and §18-7D-6 of the Code of West Virginia, 1931, as amended, all relating to service credit in State Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Miley, Iaquinta and Fragale:

H. B. 3221 - "A Bill to amend and reenact §15-10-5 of the Code of West Virginia, 1931, as amended, relating to allowing employees of the Department of Veterans Affairs and special agents within the Office of Inspector General to carry firearms while performing their duties"; to the Committee on the Judiciary.
By Delegate Morgan:

H. B. 3222 - "A Bill to repeal §5A-1-10 of the Code of West Virginia, 1931, as amended, relating to abolishing the Public Employee Leave Benefit Analysis Board"; to the Committee on Government Organization.
By Delegate Overington:

H. B. 3223 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1 and §16-2L-2, all relating to 'Report of Induced Abortions Act'"; and requiring reports of abortions to the Department of Health and Human Resources"; to the Committee on Government Organization then the Judiciary.
By Delegates Wooton, Ellem, Frazier, Hartman, Manchin, Miley, Perry, Ross, Shook, Shott and Webster:

H. B. 3224 - "A Bill to amend and reenact §54-2-19 of the Code of West Virginia, 1931, as amended, relating to compensation for condemnation commissioners"; to the Committee on the Judiciary.
By Delegate Morgan:

H. B. 3225 - "A Bill to repeal §29-6-9a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-2 of said code, all relating to abolishing the State Personnel Advisory Council"; to the Committee on Government Organization.
By Delegate Morgan:

H. B. 3226 - "A Bill to repeal §5-16-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended, all relating to abolishing the Public Insurance Agency Advisory Board"; to the Committee on Government Organization.
By Delegates Susman, Fleischauer, Marshall, Perry and Wooton:

H. B. 3227 - "A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as amended; and to amend said code by adding a new section, designated §30-3-16b, all relating to greatly broadening the circumstances and types of prescriptions a physician assistant may issue under the supervision of a licensed physician"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Eldridge, Moore, Hall, Longstreth, Crosier and Ross:

H. B. 3228 - "A Bill to amend and reenact §48-1-239 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-9-101, §48-9-102, §48-9-201, §48-9-202, §48-9-203, §48-9-204, §48-9-205, §48-9-206, §48-9-207, §48-9-209, §48-9-401, §48-9-402, §48-9-403, §48-9- 501 and §48-9-601 of said code, all relating to clarifying the definition of shared parenting; and updating language regarding the allocation of custodial responsibility and decision-making responsibility of children"; to the Committee on the Judiciary.
House Calendar

Special Calendar

Unfinished Business

H. R. 27, Urging West Virginia's congressional delegation to support legislation that would require satellite companies to offer local channels; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
H. C. R. 28, The "Sgt. Daniel Pesimer Memorial Bridge Killed in Vietnan", 1968; 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. 29, The "Arden Cogar, Sr. 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.
Third Reading

Com. Sub. for H. B. 2839, Relating to the management of pain by physicians; 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. 66), and there were--yeas 75, nays 21, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Azinger, Blair, Butcher, Cann, Carmichael, Crosier, Ellem, Hamilton, Louisos, Mahan, Martin, Michael, Moye, Romine, Shaver, Sobonya, Staggers, Sumner and Walker.
Absent And Not Voting: Ferro, Shook, Varner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2839) 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. 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; 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. 67), 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: Ferro, Shook, Varner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2877) 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. 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; 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. 68), 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: Ferro, Shook, Varner and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2985) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for H. B. 2401, Providing for the expiration of the alternative minimum tax; 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. 2788, Protecting incapacitated adults from abuse or neglect by a care giver; on second reading, coming up in regular order, was, on motion of Delegate Boggs, recommitted to the Committee on the Judiciary.
H. B. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit larceny' on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2952, Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act; on second reading, coming up in regular order, was read a second time.
Delegate Overington moved to amend the bill on page four, following line sixty-four, by inserting a new subsection, designated subsection (h), to read as follows:
"(h) Any person who knowingly and willfully threatens to commit a terrorist act, and who in the course of committing said act causes the death of any person, then, the person committing such act is guilty of a felony and, upon conviction thereof, shall be subject to imposition of the death penalty, or, at a minimum, fined not less than $25,000 and confined in a state correctional facility for not less than twenty five years."
Delegate Boggs arose to a point of order as to the germaneness of the amendment, which point of order the Speaker ruled was well taken, stating that the fundamental purpose of the amendment was not germane to the fundamental purpose of the bill to which it was offered.
There being no further amendments, the bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2965, Requiring candidates for the House of Delegates and the Senate to file their announcement of candidacies with the Secretary of State; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
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. 2027, Creating an excise tax on methadone,
H. B. 2541, Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those animals,
Com. Sub. for H. B. 2742, Repealing outdated provisions from the WV Code relating to vinegars,
Com. Sub. for H. B. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems,
And,
H. B. 3083, Permitting blood donations by persons age sixteen with parental consent.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Ferro, Shook, Varner and Walters.
At 12:01 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, March 19, 2009.

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