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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)
hdj2009-04-02-51





__________*__________



Thursday, April 2, 2009

FIFTY-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 Wednesday, April 1, 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. 7, Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges and issues facing veterans,  
     And,
     H. C. R. 45, The "Bob Basil Memorial Bridge",
     And reports the same back with the recommendation that they each be adopted.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 405, Relating to grandparents' visitation,
     And,
     Com. Sub. for S. B. 612, Relating to willful nonpayment of child support,
     And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 153, Authorizing Department of Environmental Protection promulgate legislative rules,
     Com. Sub. for S. B. 261, Mandating party executive committees submit certain nominees 70 days before election,
     And,
     S. B. 719, Allowing certain police officers keep weapon after retirement,
     And reports the same back with the recommendation that they each do pass.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     S. B. 760, Authorizing Supreme Court to develop pilot pre-trial release programs,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (S. B. 760) to the Committee on Finance was abrogated.
     Chairman Webster, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration:
     Com. Sub. for S. B. 370, Relating to community corrections program fees,
     And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 370) to the Committee on Finance was abrogated.
Messages from the Executive

     Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on April 1, 2009, he approved S. B. 329, S. B. 410 and H. B. 3083.
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. 45 - "A Bill to amend and reenact §22-6-1 and §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-3 and §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; and correcting antiquated language throughout"; 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 and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 242 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-11-22 of said code, all relating to driving under the influence of alcohol or drugs generally; encouraging participation in the interlock program for person awaiting adjudication; and adding DUI offenses to the jurisdiction of drug courts"; 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 July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 298 - "A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to increasing the amount allocated from the wireless enhanced 911 fee to be deposited into the Enhanced 911 Wireless Tower Access Assistance Fund and distributed by the Public Service Commission to subsidize the construction of wireless towers; and providing definitions"; 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 
     Com. Sub. for S. B. 317 - "A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to adding penalties for driving under the influence"; which was referred to the Committee on the Judiciary 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. 322
- "A Bill to amend and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, relating to exempting life insurance policies with a death benefit of $25,000 or less from assignment by Medicaid recipients to the Department of Health and Human Resources"; which was referred to the Committee on Health and Human Resources then Finance.
     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 338 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge to the seventeenth judicial circuit"; which was referred to the Committee on the Judiciary 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 
     Com. Sub. for S. B. 456 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4, §47-25-5, §47-25-6, §47-25-7, §47-25-8, §47-25-9, §47-25-10, §47-25-11, §47-25-12 and §47-25-13, all relating to establishing a cigarette fire safety standard for cigarettes sold in the state; defining terms; setting a reduced cigarette ignition propensity performance test and standard; requiring compliance certification by manufacturers; setting certification fees; requiring manufacturers to maintain records; requiring certain packaging markings; establishing civil penalties; establishing a special penalty fund; requiring the State Fire Marshal to review effectiveness of the law and report to the Legislature; providing the State Fire Marshal with rule-making authority; authorizing inspections by State Tax Commissioner; authorizing the sale of existing inventory; permitting manufacturers to sell noncompliant cigarettes to other states and foreign countries; preemption if federal law or regulations establish a national standard; preemption of local regulations; and establishing effective dates"; which was referred to the Committee on the Judiciary then Finance.
     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. 465
- "A Bill to amend and reenact §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6 and §5A-10-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5A-10-12 and §5A-10-13, all relating to the Real Estate Division of the Department of Administration; powers and duties of acquiring and disposing of real property; contracting for third-party real estate services and billing spending units for the actual costs of such third-party services; excepting the deposit of revenues derived from wireless communication tower leases on property subject to a pledge of its revenues in connection with a bond issue into the General Revenue Fund; creating a special revenue fund for the acquisition of real property and payment of associated costs"; which was referred to the Committee on the Judiciary 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 
     Com. Sub. for S. B. 472 - "A Bill to amend and reenact §17-22-1, §17-22-6, §17-22-7, §17-22-8, §17-22-9, §17-22-10, §17-22-11 and §17-22-13 of the Code of West Virginia, 1931, as amended, all relating to amending restrictions on outdoor advertising of businesses located on real property owned or leased by the business advertised"; which was referred to the Committee on Roads and Transportation then the Judiciary.
     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. 537 - "A Bill to repeal §23-5-17 and §23-5-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-1d of said code; to amend and reenact §23- 2A-1 of said code; to amend and reenact §23-2C-8, §23-2C-15, §23-2C-17 and §23-2C-21 of said code; to amend and reenact §23-4-1c, §23-4-6b, §23-4-8c and §23-4-15b of said code; to amend said code by adding thereto a new section, designated §23-4-8d; to amend and reenact §23-5-1, §23-5-3 and §23-5-16 of said code; and to amend and reenact §33-2-22 of said code, all relating to workers' compensation; eliminating obsolete sunset provisions; redefining the responsibility of prime contractors to injured employees of their subcontractors; clarifying subornation rights with respect to employees injured by third parties; allowing subornation for indemnity and medical benefits for certain claims arising or accruing on or after January 1, 2006; authorizing negotiation of amount to accept as subrogation; authorizing deduction from subrogation reasonable attorney fees for claims that arose in whole or in part prior to effective date of this act and all claims thereafter; providing for a unitary decision-making process in claims involving the Uninsured Employers Fund; changing date on which governmental bodies may purchase workers' compensation insurance in the private market; awarding attorney fees and costs if workers' compensation temporary disability benefits claim is unreasonably denied; extending the scope of permissible remedies to include those in the general insurance code; permitting the recovery of administrative costs in certain actions; authorizing expedited review by the Office of Judges when a request to reopen temporary total benefits is denied; eliminating mandatory allocation in hearing loss claims; providing that claims for medical benefits in occupational pneumoconiosis claims may be made at any time; clarifying that a sixty-day period applies to various protests; extending the jurisdiction of the Office of Judges to hear certain protests; clarifying permissible method of delivering payment of benefits; authorizing award of attorney fees in medical benefits claims; clarifying licensing requirements for third-party administrators; mandating conditional payments in certain instances; authorizing the Insurance Commissioner to compromise and settle claims for moneys due the Old Fund and Uninsured Employers Fund; and requiring report to Legislature regarding settlements"; which was referred to th e Committee on the Judiciary 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
     Com. Sub. for S. B. 552 - "A Bill to repeal §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5, §33-16F-6, §33-16F-7 and §33-16F-8 of said code; and to amend said code by adding thereto two new sections, designated §33-16F-9 and §33-16F-10, all relating to health insurance; requiring the Insurance Commissioner to invite carriers and other entities to submit proposals for affordable health insurance plans; defining terms; specifying that plans do not create an entitlement; establishing eligibility and standards for such plans; providing for evaluation of the plans and reports to the Legislature; providing for continuation of existing limited benefit plans; and authorizing emergency legislative rules"; which was referred to the Committee on Banking and Insurance then the Judiciary.
     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. 564 - "A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as amended, relating to requiring all final actions by the Department of Environmental Protection regarding coal mine permits to be completed within six months after the applicant provides all information required for a final decision to be made on said application for a coal mining permit"; 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

     S. B. 580 - "A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to workers' compensation; and providing that taxicab companies may be excluded from liability by producing evidence of liability insurance and insurance for accidental death and dismemberment"; 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 and requested the concurrence of the House of Delegates in the passage, of 
     S. B. 620 - "A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended, all relating to revising the Municipal Economic Opportunity Development District Act; to correcting certain errors and inconsistencies contained therein; and enhancing the ability of the act to generate economic development in the state"; which was referred to the Committee on Finance.

     A message from the Senate, by
     The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
     S. B. 645 - "A Bill to amend and reenact §11-8-6e of the Code of West Virginia, 1931, as amended, relating to the clarification in the code that a municipality or county issuing bonds approved by an election pursuant to article one, chapter thirteen of said code is not subject to the restriction described in subsection (c), section six-e, article eight, chapter eleven of said code"; which was referred to the Committee on 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 
     Com. Sub. for S. B. 667 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp, relating to authorizing county commissions to enact ordinances relating to prohibiting panhandling and solicitation; defining panhandling; and providing maximum criminal penalties"; 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 July 1, 2009, and requested the concurrence of the House of Delegates in the passage, of
     Com. Sub. for S. B. 678 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5, §11- 6J-6 and §11-6J-7; and to amend and reenact §11-15-8d and §11-15-9h of said code, all relating to taxation; providing mandated salvage valuation of certain high-technology businesses' property; specifying short title; providing definition; specifying method for valuation of property; specifying initial determination by county assessor; specifying procedure for protest and appeal; specifying limitations on right to assert exemptions; exempting certain items installed into building or facility for direct use in specified business activity; providing definitions; and specifying effective dates"; which was referred to the Committee on Finance.
     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. 687 - "A Bill to amend and reenact §16-42-3, §16-42-5, §16-42-6 and §16-42-7 of the Code of West Virginia, 1931, as amended, all relating to the Comprehensive Behavioral Health Commission; reestablishing the Comprehensive Behavioral Health Commission and Advisory Board; reporting requirements; and terminating the Comprehensive Behavioral Health Commission and Advisor Board"; which was referred to the Committee on Government Organization.

     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. 740 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to obscene, anonymous, harassing and threatening communications by the internet; publishing false statements via the internet designed to injure the reputation of another; and setting penalties therefore"; 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 and requested the concurrence of the House of Delegates in the passage, of
     S. B. 762 - "A Bill to amend and reenact §7-1-3d, of the Code of West Virginia, 1931, as amended; to amend and reenact §8-15-8 and §8-15-8b of said code; and to amend said code by adding thereto a new section, designated §8-15-8d, all relating to volunteer fire companies and departments; allowing the state, county commissions and municipalities to provide funding to volunteer fire companies and departments for length of service awards program; allowing volunteer fire companies and departments to use privately raised funds for length of service awards program; and clarifying that the state, county commissions and municipalities are not liable for any length of service awards program"; which was referred to the Committee on Finance.

     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
     S. B. 767 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-9a, relating to certain contracts for the Medicaid program; exempting such contracts from the competitive bid process of the Division of Purchasing; establishing procedures and requirements for competitive bidding; and awarding of such contracts by the Secretary of the Department of Health and Human Resources"; 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. 770 - "A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, providing that excess funds in the Regional Jail and Correctional Facility Authority Fund do not revert to the general revenue, but to the local governments; and authorizing rulemaking"; which was referred to the Committee on Finance.

Resolutions Introduced

     Delegate Morgan, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Argento, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis, 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, Michael, Miley, C. Miller, J. Miller, Moore, 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, Walters, Webster, Wells, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 54 - "Requesting the West Virginia Division of Highways to name West Virginia County Route 17, Blue Sulphur Road, Cabell County, West Virginia, the 'Margarette Riggins Leach Memorial Roadway'."
     Whereas, Margarette Leach was born December 4, 1926, in Goodwill, Mercer County to Jason and Lula Riggins; and
     Whereas, Margarette's public service spanned more than sixty years; and
     Whereas, Margarette Leach was elected to the West Virginia House of Delegates in 1992 serving the 15th District; and
     Whereas, Margarette served until 2005; and
     Whereas, Margarette's life revolved around community service; and
     Whereas, Margarette was a cub scout leader; and
     Whereas, Margarette was a nurse by trade; and
     Whereas, Margarette was a nurse dedicated to improving the health of all West Virginians; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the West Virginia Division of Highways to name County Route 17, located in Cabell County, West Virginia the "Margarette Riggins Leach Memorial Roadway"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be placed fabricated signs to read in prominent lettering: "Margarette Riggins Leach Memorial Roadway" at each entrance of the road, indicating that the road has been so named; 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 Commissioner of the Division of Highways, and the family of Margarette Riggins Leach.
     Delegate J. Miller, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Evans, Hunt, Ireland, Porter, Romine, Schadler, Schoen, Shott, Walker and Wells offered the following resolution, which was read by the Clerk as follows:
     H. C. R. 55 - "Expressing the will of the Legislature urging President Obama to support the efforts of the Republic of China (Taiwan) to meaningfully participate in the specialized agencies of the United Nations."
     Whereas, The mission of the United Nations, as stated in the preamble to the United Nations Charter, is to "reaffirm faith in the fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small"; and
    Whereas, Similarly, Article 2 of the Universal Declaration of Human Rights states, "Everyone is entitled to all the rights and freedoms, without distinction of any kind...no distinction shall be made on the basis of political jurisdictional; or international status of the country or territory to which a person belongs"; and
     Whereas, The global issues addressed by the specialized agencies of the United Nations are closely connected to the well-being of all mankind; and
     Whereas, As Taiwan cannot attend the conferences, mechanisms, and activities of the specialized agencies, the welfare of its people, as well as the interests of all humankind, have been seriously jeopardized; and
     Whereas, Taiwan has been campaigning for participation in the World Health Organization(WHO)for years, but has been unable to establish direct access to and communication with the WHO regarding disease prevention; and
     Whereas, Taiwan is restricted from attending WHO technical conferences and activities and as a result Taiwan can neither acquire the latest medical and health updates nor receive timely assistance when epidemics occur, as was the case with the SARS outbreak; and
     Whereas, As early as May, 2006, Taiwan announced its decision to comply voluntarily with the International Health Regulations (IHR2005) that went into effect June 15, 2007; and
     Whereas, Although Taiwan has repeatedly submitted updates to the WHO about various diseases, the WHO has not responded; and
     Whereas, This has been detrimental to the health rights of the twenty-three million people of Taiwan and foreigners residing in and traveling to Taiwan and creates a weakness in the global epidemic surveillance network which can harm the international community; and
     Whereas, Being the world's eighteenth largest economy and the twentieth largest outbound investor, Taiwan possesses significant economic strength; and
     Whereas, The year 2009 marked the thirtieth anniversary of the "Taiwan Relations Act", the creation of which provided the basic structure and legal foundation for the United States to develop its numerous mutual relations with Taiwan; and
     Whereas, Taiwan hopes to share its development experience with many developing nations; and
     Whereas, Taiwan is also willing to give back to the world through humanitarian assistance and technical cooperation; and
     Whereas, The issues that the specialized agencies of the United Nations system handle tend to be functional and technical in nature; and
     Whereas, Allowing Taiwan's participation with these specialized agencies would be helpful for cross-strait dialogue to set aside difference and strengthen cooperation on issues of mutual concern, thereby gradually reducing friction and promoting stability and prosperity in the Asia- Pacific region; therefore, be it
     Resolved by the Legislature of West Virginia:
     That President Obama support Taiwan and its twenty-three million people in obtaining appropriate and meaningful participation in the specialized agencies of the United Nations system, including the World Health Organization; and, be it
     Further Resolved, That the Legislature urges the United States policy to include the pursuit of an initiative in the specialized agencies of the United Nations system, such as the World Health Organization, which would give Taiwan meaningful participation in a manner that is consistent with the respective organization's requirements; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the United States, the members of West Virginia's congressional delegation and the President of Taiwan.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 55) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Delegates Morgan, Azinger, Barker, Beach, Campbell, Cann, Canterbury, Caputo, Craig, Crosier, Doyle, Eldridge, Ellem, Evans, Ferro, Fleischauer, Givens, Hall, Hunt, Hutchins, Klempa, Kominar, Louisos, Mahan, Manypenny, Marshall, Martin, McGeehan, Michael, Miley, Moore, Paxton, Perdue, Pethtel, Porter, Reynolds, Rodighiero, Romine, Ross, Shaver, Shook, Shott, Skaff, Spencer, Stephens, Stowers, Swartzmiller, Tabb, Talbott, Walker, Wells, White, Williams and Wooton offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 56 - "Requesting the Joint Committee on Government and Finance to study the creation of a West Virginia Sentencing Commission."
     Whereas, There is a need for fair and uniform sentencing; and
     Whereas, There is a need to consider alternatives to incarceration for nonviolent offenders; and
     Whereas, There is a need to utilized the limited correction resources in a manner to best serve and protect the public; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the creation of a West Virginia Sentencing Commission; and, be it
     Further Resolved, That the Joint Committee on Government and Finance, seek input from the Governor's Committee on Crime and Delinquency, the West Virginia Supreme Court of Appeals and a group of judges; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report the Legislature on the first day of the regular session, 2010, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, prepare a report and the drafting of necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegate Caputo, Mr. Speaker, Mr. Thompson, and Delegates Boggs, Butcher, Campbell, Eldridge, Fragale, Hall, Klempa, Kominar, Lawrence, Mahan, Miley, Morgan, Paxton, Perry, Phillips, D. Poling, Ross, Shaver, Skaff, Stephens, Stowers, Swartzmiller and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 57 - "Requesting the Governor adopt a 'West Virginia Coal Miner Appreciation Day' in the State of West Virginia."
     Whereas, Coal miners are hard-working, dedicated, and loyal West Virginians who work to provide for their families; and
      Whereas, Coal mining accounts for over 60,000 direct and indirect jobs in the West Virginia labor workforce; and
     Whereas, Coal Miners expose themselves to dangerous risks everyday when they go to work; and
     Whereas, Twenty-six (26) West Virginia counties produce coal; and
     Whereas, Ninety-nine per cent of the electricity in West Virginia comes from coal; and
     Whereas, Coal is responsible for more than $3.5 billion annually in gross state product; and
     Whereas, Coal Miners are a vital asset to the State of West Virginia not only as laborers but as devoted citizens because they are known to stay in the state and economically support their communities, education programs, and their respective counties; and
     Whereas, The safety of miners is of paramount concern and should be addressed through rigorous enforcement of existing mine safety and health administration (MSHA) regulations; and      Whereas, Environmental challenges that face the coal industry should be addressed by enforcement of existing regulations that have been ignored by mine companies to the detriment of miners, miners' families, and mining communities; and
     Whereas, West Virginia should adhere to the federal regulations and enforcement of them while adopting new approaches in favor of the environment; and
     Whereas, That the West Virginia Young Democrats support clean coal technology which will increase the need of laborers such as coal miners; and
     Whereas, The West Virginia Young Democrats recognize the mining tragedies that have affected the West Virginia Coal miners and their families; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the West Virginia Legislature recognizes the West Virginia Young Democrats support for Coal Miners and their families, respect their occupation, and urge the West Virginia Legislature to request the Governor to name "West Virginia Coal Miner Appreciation Day"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Governor of the State of West Virginia, the United Mine Workers of America, the West Virginia Congressional Delegation.
     Delegate Webster, Mr. Speaker, Mr. Thompson, and Delegates Argento, Ashley, Blair, Boggs, Ellem, Frazier, Lane, Lawrence, McGeehan, Miley, C. Miller, Perdue, Perry, Phillips, Porter, Romine, Rowan, Schadler, Schoen, Shook, Shott, Staggers, Susman and Wooton offered the following resolution, which was read by the Clerk as follows:
     H. R. 47 - "Declaring April 2, 2009, to be Domestic Violence Prevention Day in West Virginia."
     Whereas, All people have a right to be safe in their homes and with their families; and
     Whereas, During the fiscal year 2007-2008, almost 15,000 individuals were served by one or more of the 14 licenced domestic violence programs in West Virginia; and
     Whereas, Domestic violence is a phenomenon that erodes the infrastructure of our families; our social makeup and our culture, and threatens the integrity of our future; and
     Whereas, Women compromised 51% of our state's population and account for 75% of all domestic violence victims; and
     Whereas, Domestic violence is a major health problem in the country, with medical costs exceeding $5.8 billion in 2005, and 35% of all women seeking emergency medical care were victims of domestic violence; and
     Whereas, Domestic violence is also a major law enforcement problem within West Virginia, but according to the WV State Police 2006 Crime in West Virginia Report, just under 12,000 incidents ended in the arrest of a domestic violence offender; and
     Whereas, Statistics from the Federal Bureau of Investigation show that 30% of all assaults on law enforcement officers in 2005 were committed while the officers were responding to domestic violence emergencies; and
     Whereas, According to the National Law Enforcement Memorial Fund, in the last ten years, 81 law enforcement officers have been killed in the line of duty while responding to domestic violence emergencies; and
     Whereas, According to the 2005 West Virginia State Police Crime Report, in 2005 34 homicides in our state were the result of domestic violence; and
     Whereas, Women are three times more likely than males to be murdered by an intimate partner; and
     Whereas, Statistics from the West Virginia State Police show that six children died in our state as a result of domestic violence in 2005; and
     Whereas, Boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults; and
     Whereas, Domestic violence affects both sexes and all races, ethnic backgrounds and socioeconomic classes; and
     Whereas, Domestic violence can be deterred, prevented, and reduced, through a large network of private, public, and non-profit entities working together to form a coalition providing social, legal, medical, educational and protective services for victims of domestic violence; and
     Whereas, The West Virginia Coalition Against Domestic Violence has been working for over 25 years to provide safe space, quality services, and systemic change to give families options for building lives free from violence; therefore, be it
     Resolved by the House of Delegates:
     That the House of Delegates declares April 2, 2009, to be Domestic Violence Prevention Day in West Virginia and commits itself to treating this problem with the seriousness that it deserves and working to achieve solutions that deter, prevent, and reduce domestic violence.
     At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 47) to a committee was dispensed with.
     At the request of Delegate Mahan, and by unanimous consent, all members of the House of Delegates were listed as sponsors of H. R.47.
     The resolution was then taken up for immediate consideration and put upon its adoption.
     The question now being on the adoption of the resolution, Delegate Boggs demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 241), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
     Absent And Not Voting: Craig, Romine, Shook, Sobonya and Swartzmiller.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (H. R. 47) adopted.
Special Calendar

Second Reading

     Com. Sub. for S. B. 263, Disclosing certain inmates' personal communications; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page seven, section eighteen, lines fifty-two through fifty-four, by restoring the stricken language.
The bill was then ordered to third reading.

     Com. Sub. for S. B. 307, Creating Maternal Screening Act; on second reading, coming up in regular order, was read a second time.
     An amendment, recommended by the Committee on Health and Human Resources, was reported by the Clerk and adopted, amending the bill on page three, section two, line twenty-two following the word "center" and the semi-colon by striking out the word "and" and inserting in lieu thereof the following:
     "(7) At least one representative of a facility with a level I or II obstetrical unit;".
     On page three, section two, line twenty-three following the word "and" by striking out the number (7) and inserting in lieu thereof the number "(8)".
     On page three. section two, line twenty-four, following the word "midwife" by inserting the following:
     "(9) At least one allopathic or osteopathic physician who is a private provider of maternity services at a facility with a level I or level II obstetrical unit".
     The bill was then ordered to third reading.
     Com. Sub. for S. B. 321, Modifying certificate of need process; on second reading, coming up in regular order, was, on motion of Delegate Boggs, deferred.
    Com. Sub. for S. B. 341, Transferring juvenile justice database administration to Supreme Court; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 346, Correcting code reference related to bear tagging; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     S. B. 436, Updating terminology relating to surface mining reporting requirements; on second reading, coming up in regular order, was read a second time and ordered to third reading.
     Com. Sub. for S. B. 453, Relating to Public Service Commission service of decisions; on second reading, coming up in regular order, was read a second time and ordered to 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 S. B. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority,
     Com. Sub. for S. B. 284, Relating to Viatical Settlements Act,
     Com. Sub. for S. B. 384, Authorizing Department of Transportation take control of certain highway emergencies,
     S. B. 445, Removing conservation supervisors' election certification requirements,
     S. B. 473, Clarifying civil service job posting provisions,
     S. B. 487, Relating to Division of Personnel Director's qualifications,
     Com. Sub. for S. B. 526, Relating to osteopathy post-doctoral training requirements,
     S. B. 572, Repealing section creating Public Employee Leave Benefit Analysis Board,
     S. B. 587, Repealing section creating State Personnel Advisory Council,
     And,
     S. B. 588, Repealing section creating Public Insurance Agency Advisory Board.
     At 11:48 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:00 p.m., and reconvened at that time.
* * * * * * *

Evening Session

* * * * * * *

Special Calendar


Third Reading

-Continued-

     Com. Sub. for S. B. 321
, Modifying certificate of need process; having been deferred in earlier proceedings, was, taken up for immediate consideration, read a second time, and ordered to third reading.
Committee Reports

     At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
     Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration:
     Com. Sub. for S. B. 15, Limiting certain parks and recreation entities' liability,
     And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 15) was referred to the Committee on the Judiciary.
     Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
     Your Committee on Natural Resources has had under consideration:
     Com. Sub. for S. B. 461, Extending selenium effluent limits compliance time,
     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 (Com. Sub. for S. B. 461) was referred to the Committee on the Judiciary.
     On motion for leave, a resolution was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Manchin, Beach, Cann, Doyle, Fragale, Hartman, Lawrence, Longstreth, Louisos, Miley, D. Poling, Ross, Susman, Tabb, Williams, Anderson, Duke, Ellem, Schadler, Cowles, and Sumner:

     
H. C. R. 62 - "Requesting that the Joint Committee on Government and Finance authorize the study of the creation of art, entertainment and enterprise districts within political subdivisions."
     In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
     On motion for leave, a resolution was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Manchin, Beach, Cann, Doyle, Hartman, Lawrence, Longstreth, Louisos, D. Poling, Ross, Susman, Tabb, Williams, Anderson, Duke, Ellem, Schadler, Cowles, and Sumner:

     
H. C. R. 63 - "Requesting that the Joint Committee on Government and Finance authorize the study of whether it may be in a county's best interest to allow the county commission to decide whether a community corrections program or the sheriff should supervise and administer the home incarceration program."
     In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
     On motion for leave, a resolution was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Manchin, Beach, Cann, Doyle, Fragale, Hartman, Lawrence, Longstreth, Louisos, Miley, D. Poling, Ross, Susman, Tabb, Varner, Williams, Anderson, Duke, Ellem, Schadler, Overington, Cowles, and Sumner:

     
H. C. R. 64 - "Requesting that the Joint Committee on Government and Finance authorize the study of taxi service and whether local regulation may provide for more efficient taxi service."
     In the absence of objection, the Speaker referred the resolution to the Committee on Rules.      On motion for leave, a resolution was introduced (Originating in the Committee on Political Subdivisions and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Manchin, Beach, Cann, Doyle, Fragale, Hartman, Lawrence, Longstreth, Louisos, Miley, D. Poling, Ross, Susman, Tabb, Williams, Anderson, Duke, Ellem, Schadler, Cowles, and Sumner:

     
H. C. R. 65 - "Requesting that the Joint Committee on Government and Finance authorize the study of the financial condition and regulation of self-insurance pools created and operated by and on behalf of West Virginia political subdivisions."
     In the absence of objection, the Speaker referred the resolution to the Committee on Rules.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     S. B. 251, Authorizing issuance of revenue bonds for public projects,
     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 (S. B. 251) was referred to the Committee on Finance
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     S. B. 302, Expanding municipal parking authority officers' ticketing powers,        
     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 (S. B. 302) was referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     Com. Sub. for S. B. 256, Providing additional requirements for certain property annexation,
     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 (Com. Sub. for S. B. 256) was referred to the Committee on the Judiciary.
     Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
     Your Committee on Political Subdivisions has had under consideration:
     S. B. 753, Relating to land development ordinances,
     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 (S. B. 753) was referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     Com. Sub. for S. B. 326, Mandating certain dental anesthesia insurance coverage,
     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 (Com. Sub. for S. B. 326) was referred to the Committee on the Judiciary.
     Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     Com. Sub. for S. B. 658, Authorizing Auditor and Treasurer contract emergency banking services,
     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 (Com. Sub. for S. B. 658) was referred to the Committee on Finance.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     S. B. 494, Authorizing Insurance Commissioner order restitution in certain cases,
     And,
     S. B. 495, Authorizing Insurance Commissioner permit certain groups life insurance policies,      
     And reports the same back with the recommendation that each do pass, but that they first be referred to the Committee on the Judiciary.
     In accordance with the former direction of the Speaker, the bills (S. B. 494 and S. B. 495) were each referred to the Committee on the Judiciary.
     Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     S. B. 431, Providing in-state medical providers notice of small group health benefit plan,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (S. B. 431) to the Committee on Finance was abrogated.
     Chairman Moore, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration:
     Com. Sub. for S. B. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 489) to the Committee on Finance was abrogated.
     Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     Com. Sub. for S. B. 375, Relating to Office of Coalfield Community Development master land use plans,
     And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Government Organization be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for S. B. 375) to the Committee on Government Organization was abrogated.
     In the absence of objection, the Speaker then referred the bill (Com. Sub. for S. B. 375) to the Committee on the Judiciary.
     Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     Com. Sub. for S. B. 142, Relating to Tourism Development Act,
     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 (Com. Sub. for S. B. 142) was referred to the Committee on Finance.
     Chairman Barker, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
     Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
     Com. Sub. for S. B. 279, Relating to industrial accidents and emergency response regulations,
     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 (Com. Sub. for S. B. 279) was referred to the Committee on the Judiciary.
     Chairman Swartzmiller, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
     Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
     S. B. 756, Increasing military facilities security guards' patrol areas,
     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 (S. B. 756) was referred to the Committee on the Judiciary.
     Chairman 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 2nd day of April, 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:
     (Com. Sub. for H. B. 2795), Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
Leaves of Absence

     At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Craig, Romine, Shook and Swartzmiller.
     At 5:15 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, April 3, 2009.

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