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Wednesday, January 27, 2010

FIFTEENTH 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, January 26, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4018, Establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4018 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-413, relating to establishing that the manufacture or possession of an extract or compound intended for human consumption containing Salvia divinorum is unlawful; and creating criminal penalties,"
With the recommendation that the committee substitute 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. 4039, Increasing the number of persons that may be appointed to the Marshall County Park and Recreation Board,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4039 - "A Bill to amend and reenact sections 1, 2, 3, 4 and 5, chapter 171, Acts of the Legislature, regular session, 1965, all relating to the Marshall County Park and Recreation Board; and permitting the Marshall County Commission to increase the board's membership,"
With the recommendation that the committee substitute 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. 4139, Relating to professional licensing boards,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4139 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and to amend said code by adding thereto a new section, designated §30-1-19, all relating to professional licensing boards; repealing antiquated ineffective provisions; revising requirements for specific subject matter at orientation sessions; clarifying who may call a board meeting; establishing quorums; reporting violations; clarifying the issuance of notices to cease and desist; requiring boards to maintain a business office open to the public; authorizing boards to propose fees notwithstanding specific fees established in code; notifying licensees of proposal of fees in legislative rules; authorizing boards to levy fines; hiring administrative law judges; clarifying law governing hearings and administrative hearings; requiring board members to adhere to ethical standards for appointed officials; permitting boards to establish a process for modifying or waiving continuing education requirements or renewal fees for licensees in active duty military service; and requiring regulatory board reviews,"
With the recommendation that the committee substitute 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. 4111, Occupational Therapy, administrative rules,
H. B. 4114, Occupational Therapy, competency standards for advanced practice,
And,
H. B. 4157, Removing outdated sunset language,
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. 4111, H. B. 4114 and H. B. 4157) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4112, Occupational Therapy, fees for services rendered,
H. B. 4113, Occupational Therapy, continuing education,
And,
H. B. 4115, Occupational Therapy, ethical standards,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4112, H. B. 4113 and H. B. 4115) were each referred to the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates,
And,
H. B. 2639, Allowing for more teachers to be reimbursed for approved course work,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2967 and H. B. 2639) were each referred to the Committee on Finance.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect July 1, 2010, a bill of the House of Delegates as follows:
H. B. 4040, Requiring county boards to adopt contingency plans designed to guarantee one hundred eighty separate days of instruction for students.
Delegate Boggs moved that the bill take effect July 1, 2010.
On this question, the yeas and nays were taken (Roll No. 8), and there were--yeas 93, nays none, absent and not voting 7, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Evans, Frazier, Hutchins, Mahan, Skaff and Wooton.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4040) takes effect July 1, 2010.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Resolutions Introduced

Delegates Ennis, Givens, Pethtel, Klempa, Ferro and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 14 - "Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2010."
Whereas, Lyme disease is a multisystem disease caused by a corkscrew shaped bacteria and is transmitted by infected ticks that are carried by squirrels, deer, birds and other forms of wildlife and domestic animals into the back yards and homes of the citizens of West Virginia, as well as outlying fields and forests where they work and seek recreation; and
Whereas, The reported cases of Lyme disease in West Virginia increased three hundred percent from twenty-eight cases in 2006 to eighty-four cases in 2007. Lyme disease mimics many other diseases and is called the second "great imitator" after syphilis. Patients are often misdiagnosed with more familiar conditions including chronic fatigue, fibromyalgia, multiple sclerosis, Lou Gehrig's disease or Parkinson's disease, for which there is no cure, only palliative remedies. Manifestations of cognitive and memory impairment from neurological Lyme disease are commonly misdiagnosed as depression or other mental conditions; and
Whereas, Lyme disease is a developing epidemic that presents a major health threat to all West Virginians and as the ticks that transmit this disease are most active in Spring and early Summer, when people are most likely to be outdoors, the peak time for contracting the disease is between April and June, hence the reason for designating May as Lyme Disease Awareness Month; therefore, be it
Resolved by the Legislature of West Virginia:
That the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2010.
Delegates Campbell and Brown offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 15 - "Requesting the bridge currently named 'Spring Creek Bridge' in Greenbrier County, West Virginia, crossing Spring Creek located in Renick, West Virginia, specifically bridge number 13-219-25.47, be named the 'John Joseph Walkup, Jr. Bridge'."
Whereas, John Joseph Walkup, Jr. was born at home on June 19, 1924 at River View Farm near Spring Creek, West Virginia to John Joseph Walkup and Vocie Spencer Walkup.
Whereas, He lived on the family farm throughout his childhood except the years from 1930 - 1934. During these years of the Great Depression, John Jr. and his mother moved to White Sulphur Springs so Vocie could work at the town bank; and
Whereas, John attended Pleasant View Grade School where Mable Stout was one of his favorite teachers; and
Whereas, During his years at Frankford High School, he took up amateur boxing and participated in the West Virginia "Golden Gloves" competition in 1940; and
Whereas, After graduation in 1942, John enlisted in the U.S. Marine Corps and served from 1942-1945 on the Pacific front in the artillery division of A Company, 4th Marine Division. While serving he fought on the Japanese islands of Saipan, Tinian, Roi Tan and Iwo Jima and was wounded twice; and
Whereas, He served his country again in 1950 in the Marine reserves during the Korean War; and
Whereas, On August 27, 1947 he married Barbara Lee Burns. In 1947, they welcomed their first son Zivo Vernon who was followed by John Joseph III in 1955 and Terry Lee in 1957; and
Whereas, After completing his education at the Nashville Auto Diesel School, he moved his family to Lewisburg, West Virginia where he worked at Woods' Garage, drove a taxi and started a stock car racing career. He built and drove a 1938 Chevy coup, #26, which he called the "Steve Bolt Special"; and
Whereas, In 1955, John returned to the family farm to raise angus cattle, run a Texico station and drive a school bus for the Greenbrier County school system; and
Whereas, In 1971, River View Farm was awarded the West Virginia Family Farm of the Year, Runner-up; and
Whereas, In 1966, John was elected to the Greenbrier County Board of Education, where he served until 1978; and
Whereas, John is currently a member of the Renick Baptist Church, the Hillsboro Masonic Lodge and a charter member of the Renick Ruritan Club; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 13-219-25.47 crossing Spring Creek in Renick, WV, the John Joseph Walkup Jr. Bridge; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be named the "John Joseph Walkup, Jr. Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Mr. John Joseph Walkup, Jr.
Delegates Lane, Ashley, Carmichael, Shott, Walters, Sobonya, C. Miller and McGeehan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 8 - "Amending the rules of the House of Delegates, relating to requiring consideration of jobs impact statement of proposed legislation."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule as follows:
"Jobs Impact Statement.
95c. Prior to consideration, by the House or by any committee thereof, of any bill which either increases or decreases the revenue or fiscal liability of individual citizens, employers, the State or any county, municipality or other subdivision of the State or in any manner changes or modifies any existing tax or rate of taxation or in any manner proposes to enact, amend or repeal rules governing individual citizens, employers, the State or any county, municipality or other subdivision of the State, such bill shall have attached thereto a jobs impact statement, which 'jobs impact statement' shall conform to the requirements as to form and content prescribed by the 'Jobs Impact Statement Manual,' prepared and adopted by the Committee on Rules to govern preparation of jobs impact statements to bills introduced in the House of Delegates.
Nothing herein shall prohibit consideration of such a bill, if in the opinion of the chairman of the committee to which the bill has been referred, or in the opinion of the Speaker, a reasonable time has elapsed since a jobs impact statement was requested and no jobs impact statement or an incomplete jobs impact statement has been furnished.
It shall be the responsibility of the legislator introducing a bill to obtain such statement when required. Such statement shall be attached to the bill when filed for introduction, if at all possible, and shall accompany any bill requiring such statement when the same is reported from committee.
The jackets of all measures with jobs impact statements attached or requiring such statements shall have the words 'Jobs Impact Statement' or the initials 'JS' clearly stamped or endorsed thereon.
Rule 95c, as amended herein, shall not take effect until January 12, 2011.
No Act shall be void or voidable for noncompliance with this rule."
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Staggers, Perry, Boggs, Ellem, T. Walker, Phillips, Marshall, Longstreth, Fleischauer and Doyle:

H. B. 4185 - "A Bill to amend and reenact §7-14-17 of the Code of West Virginia, 1931, as amended, relating to mandatory retirement age of deputy sheriffs; and authorizing continued employment beyond age sixty-five years if approved in writing by the sheriff"; to the Committee on Pensions and Retirement then Finance.
By Delegates Williams, Morgan, Ennis, Stephens, Moye, Miller, C. and Rowan:

H. B. 4186 - "A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-25-1, §30-25-2, §30-25-3, §30-25-4, §30-25-5, §30-25-6, §30-25-7, §30-25-8, §30-25-9, §30-25-10 and §30-25-11 of said code; and to amend said code by adding thereto five new sections, designated §30-25-12, §30-25-13, §30-25-14, §30-25-15 and §30-25-16, all relating to the practice of nursing home administration; continuing the West Virginia Nursing Home Administrators Licensing Board; prohibiting the practice of nursing home administration without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties and providing that a single act is evidence of practice"; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates Barker and Wells:

H. B. 4187 - "A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to the Hazardous Waste Management Fund, by extending the sunset provision therein from June 30, 2010 to June 30, 2015"
; to the Committee on Government Organization then the Judiciary.
By Delegates Lawrence, Stowers, Skaff, Phillips, Hamilton, D. Poling, Manypenny, Marshall, T. Walker, Moore and Ellem:

H. B. 4188 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4, all relating to creating the Anti-Criminal Street Gang Act; setting forth prohibited acts and activities; prohibiting the participation in a criminal street gang; prohibiting the recruitment of persons for criminal street gangs; prohibiting the hazing of criminal street gang members or those seeking to become members; prohibiting the damage to property; providing for the forfeiture of property used in connection with or derived from criminal gang activities; defining terms; and establishing criminal penalties"; to the Committee on the Judiciary then Finance.
By Delegates Williams, Morgan, Ennis, Moye, Stephens, Miller, C. and Rowan:

H. B. 4189 - "A Bill to amend and reenact §16-5C-12 and §16-5C-13 of the Code of West Virginia, 1931, as amended, all relating to administrative appeals; complaint hearing procedures; establishing an independent disputes resolution process for nursing homes; clarifying the informal and formal review process; and clarifying the judicial review process"; to the Committee on Senior Citizen Issues then the Judiciary.
By Delegates D. Poling, Caputo, Ellem, Longstreth, Phillips, Klempa, Lawrence, Skaff, Poore, Eldridge and Guthrie:

H. B. 4190 - "A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to clarifying an exception that allow sheriffs, with the consent of the county commission, to collect property taxes in more than two installments"; to the Committee on Finance.
By Delegates Brown, Barker, Fleischauer, Guthrie, Hunt, Longstreth, Marshall, D. Poling, Shook, Staggers and Williams:

H. B. 4191 - "A Bill to amend and reenact §33-2-10 of the Code of West Virginia, 1931, as amended, relating to eliminating the Insurance Commissioner's exemption relating to workers' compensation rulemaking from the Administrative Procedures Act"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Michael, Campbell, Hartman, Williams, Ross, Shaver and Canterbury:

H. B. 4192 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4, §4-14-5, §4-14-6 and §4-14-7, all relating to creating the West Virginia Ski Resort Industry Commission to encourage and foster the continued development of the state's ski resort industry"; to the Committee on Government Organization then Finance.
By Delegates Mahan and Barker:

H. B. 4193 - "A Bill to amend and reenact §22-12-9 of the Code of West Virginia, 1931, as amended, relating to the groundwater protection fund, by eliminating the $1 million cap on fees that can be collected and deposited into the fund; and by correcting antiquated language throughout"; to the Committee on Natural Resources then the Judiciary.
By Delegate Morgan:

H. B. 4194 - "A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended, relating to codifying agencies created by executive order and including the Division of Criminal Justice Services being incorporated in and administered as a part of the Department of Military Affairs and Public Safety"; to the Committee on Government Organization.
By Delegate Caputo:

H. B. 4195 - "A Bill to amend and reenact §22A-10-1 of the Code of West Virginia, 1931, as amended, relating to requiring paramedics to be on site at coal mines"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Eldridge, Butcher, Hall, Manypenny and Staggers:

H. B. 4196 - "A Bill to repeal §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-4, §29-5A-5, §29-5A-6, §29-5A-7, §29-5A-8, §29-5A-9, §29-5A-10, §29-5A-11, §29-5A-12, §29-5A-13, §29-5A-14, §29- 5A-15, §29-5A-16, §29-5A-17, §29-5A-18, §29-5A-19, §29-5A-20, §29-5A-21, §29-5A-22, §29-5A- 23, §29-5A-24, §29-5A-25, §29-5A-25A and §29-5A-26 of the Code of West Virginia, 1931, as amended; and to amend code by adding thereto a new article, designated §29-5-1, §29-5-2, §29-5-3, §29-5-4, §29-5-5, §29-5-6, §29-5-7, §29-5-8, §29-5-9, §29-5-10, §29-5-11, §29-5-12, §29-5-13, §29-5-14, §29-5-15, §29-5-16, §29-5-17 and §29-5-18, all relating to the State Athletic Commission"; to the Committee on the Judiciary.
By Delegates Perry, Ashley, Reynolds, Hartman, Walters, Schoen and Moore:

H. B. 4197 - "A Bill to amend and reenact §33-25A-5 of the Code of West Virginia, 1931, as amended, relating to health maintenance organizations; the authority to provide a point of service option; and the authority to develop standards for a point of service option by emergency rule"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Ross and Barker:

H. B. 4198 - "A Bill to amend and reenact §22C-7-3 of the Code of West Virginia, 1931, as amended, relating to membership on the Oil and Gas Inspectors' Examining Board, by extending the expired term of a member until such time as the member's successor is appointed and qualified"; to the Committee on Government Organization.
By Delegates Ennis and Givens:

H. B. 4199 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing for special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for Bethany College"; to the Committee on Roads and Transportation then Finance.
By Delegates Martin, Klempa, Barker, Ferro, Guthrie, Reynolds, Shook, Stephens and Swartzmiller:

H. B. 4200 - "A Bill to amend and reenact §17-4-47 and §17-4-49 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-28-1, §17-28-2, §17-28-3, §17-28-4, §17-28-5, §17-28-6, §17-28-7, §17-28-8 and §17-28-9, all relating to the creation of the West Virginia Community Empowerment Transportation Act; authorizing the Commissioner of Highways to establish procedures relating to the authority and review of transportation projects; making legislative findings; stating legislative purpose; defining certain terms and phrases; requiring certain entities seeking state funds for transportation projects to submit a transportation project plan; setting forth transportation project plan requirements; setting forth conditions for approval by the Commissioner of Highways; authorizing county commissions to impose user fees for the construction and maintenance of roads and transportation projects; providing credit for municipally imposed fees; authorizing counties to issue revenue and general obligation bonds for transportation projects following voter approval; providing notice, advertisement and election requirements; coordinating development of transportation projects with other infrastructure projects; providing for a comprehensive agreement for a transportation facility between the sponsoring governmental entity and the Division of Highways; establishing the requirements for qualifying a transportation facility as a public improvement; authorizing information sharing; authorizing agreements among municipal utilities and public service districts to participate in transportation projects; authorizing setting of rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; providing exemption from Public Service Commission approval; requiring a bond covering the division for improvements to highway facilities required as a result of development; regulating access from properties to and from state roads; and providing recovery of cost of highway improvements from commercial and residential developments"; to the Committee on Roads and Transportation then Finance.
By Delegates Eldridge, Butcher, Stowers, Louisos, Border, Lawrence, Williams, Varner, Evans and Kominar:

H. B. 4201 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C-5 and §19-1C-6, all relating to creating the Livestock Care Standards Board for the purpose of establishing standards governing the care and well-being of livestock and poultry in West Virginia; defining terms; specifying conditions of membership and the qualifications, terms and compensation of members; requiring annual meetings of the board; and allowing for additional meetings"; to the Committee on Agriculture then the Judiciary.
By Delegates Cowles, Overington, Duke, Anderson, Porter, Andes, Evans, Romine, Ellem, Sumner and Ashley:

H. B. 4202 - "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 Beach, Varner, Perdue, Fleischauer, Marshall, Perry, Eldridge, Argento, Manypenny, Shaver, Shook :

H. B. 4203 - "
A Bill to amend and reenact §19-8-1, §19-8-2 and §19-8-3 of the Code of West Virginia, 1931, as amended, relating to encouraging county extension services to collect data regarding the locations of all cemeteries within West Virginia; requiring the information to be kept by the Historic Preservation Section of the Division of Culture and History acting as the repository for said data"; to the Committee on Judiciary then Finance.
By Delegates Guthrie, Campbell, Shook and Moore:

H. B. 4204 - "A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-6-31 of said code, all relating to use of the Crime Victims Fund to fill-in a portion of the property damage deductible for victims of the negligence of an uninsured driver; and reduction of the deductible"; to the Committee on the Judiciary then Finance.
By Delegates Kominar, Shook, Brown, Hunt, Cann, Varner, Beach and Williams:

H. B. 4205 - "A Bill to amend and reenact §60-3A-2 and §60-3A-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-7-11 of said code; and to amend and reenact §60-8-2 of said code, all relating to the sale of fortified wines; permitting the sale of fortified wine by distributors licensed under article eight, chapter sixty of the code; requiring retail licensees to purchase fortified wine from those distributors; requiring those distributors to sell fortified wines to private clubs at the same price that the fortified wines would be sold to retail licensees; and defining terms"; to the Committee on the Judiciary.
By Delegates Doyle, Lawrence, Duke, T. Walker and Blair:

H. B. 4206 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing for special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for Shepherd University"; to the Committee on Roads and Transportation then Finance.
House Calendar

Third Reading

H. B. 4144, Relating to the board of veterinary medicine;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 9), and there were--yeas 90, nays 3, absent and not voting 7, with the nays and absent and not voting being as follows:
Nays: Andes, McGeehan and J. Miller.
Absent and Not Voting: Azinger, Evans, Frazier, Hutchins, Mahan, Skaff and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4144) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
H. B. 4144 - "A Bill to repeal §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30- 10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12, §30-10-13, §30-10-14, §30-10-15, §30-10-16, §30-10-17, §30-10-18, §30-10-19 and §30-10-20; and to amend said code by adding thereto three new sections, designated §30-10-21, §30-10-22 and §30-10-23, all relating to the practice of veterinary medicine; continuing the Board of Veterinary Medicine; prohibiting the practice of veterinary medicine without a license; prohibiting the practice of veterinary technology with a certificate; prohibiting the practice of animal euthanasia without a registration; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, certificate and registration requirements; creating a scope of practice; establishing requirements for an animal euthanasia training program; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing for privileged communication and providing that a single act is evidence of practice."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Evans, Frazier, Hutchins, Mahan, Skaff and Wooton.
At 11:25 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 28, 2010.