hdj2010-02-05-24

__________*__________

Friday, February 5, 2010
TWENTY-FOURTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]

The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 4, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4108, Licensed Practical Nurses, educational programs,
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. 4108) 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. 4141, Transferring licensure for private security services from the Secretary of State to the Division of Criminal Justice Services,
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. 4141) 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. 4194, Codifying the Division of Criminal Justice Services and the Office of Economic Opportunity, and incorporating the Office of Economic Opportunity and Division of Criminal Justice Services into the Department of Military Affairs and Public Safety,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4194 - "A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended, relating to codifying the Division of Criminal Justice Services being incorporated in and administered as a part of the Department of Military Affairs and Public Safety,"
With the recommendation that the committee substitute do pass.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4172, Authorizing the Division of Motor Vehicles to issue special license places for members of certain organizations upon approval of the commissioner,
And,
H. B. 4246, Creating a tax credit for new or converted qualified plug-in electric drive motor vehicles,
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. 4172 and H. B. 4246) were each referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4211, Providing supplemental funding for providing alternative programs for limited English proficient students,
And,
H. B. 4324, Extending the expiration date of employment of retired teachers beyond the post-retirement employment limit,
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. 4211 and H. B. 4324) were each referred to the Committee on Finance.
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. 4128, Relating to insurance companies deemed to be in hazardous financial condition,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4128 - "A Bill to repeal §33-34-11 of the Code of West Virginia, 1931, as amended; to repeal §33-34A-1, §33-34A-2, §33-34A-3, §33-34A-4, §33-34A-5, §33-34A-6, §33- 34A-7 and §33-34A-8 of said code; to amend and reenact §33-34-3 and §33-34-4 of said code; and to further amend said article by adding thereto a new section, designated §33-34-3a, all relating to insurance companies deemed to be in hazardous financial condition; deleting severability provisions; providing for consideration of impact on creditors; revising standards and authority for the Insurance Commissioner's identification of companies in potentially hazardous condition; providing for additional remedies; removing requirement of hearing prior to order of supervision; requiring a prompt hearing; and revising confidentiality provisions,"
With the recommendation that the committee substitute 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. 2773, Increasing the monetary penalties for selling tobacco products to minors,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2773 - "A Bill to amend and reenact §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931, as amended, all relating to prohibited access and usage of tobacco products by minors; increasing the monetary penalties for selling tobacco products to minors; providing that the sale or furnishing of tobacco products to minors may constitute grounds for dismissal as an act of misconduct; clarifying the impact of such a dismissal on the discharged employees' eligibility to receive unemployment benefits; and increasing the monetary penalties for minors possessing tobacco products,"
And,
H. B. 4134, Removing non-utilized code sections,
And reports back committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4134 - "A Bill to repeal §5-1D-11 of the Code of West Virginia, 1931, as amended; to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said code; to repeal §5-20-1, §5-20-2, §5-20-3, §5-20-4, §5-20-5, §5-20-6, §5-20-7, §5-20-8, and §5-20-9 of said code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of said code; to repeal §5A-3-57 of said code; to repeal §5A-8-15a of said code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 and §6C-3-6 of said code; to repeal §9-2-1a of said code; to repeal §10-5-6 of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal §15-2E-8 of said code; to repeal §16-1-13a of said code; to repeal §16-5P-15 of said code; to repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said code; to repeal §17A-2-24 of said code; to repeal §17A-6- 18b of said code; to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of said code; to repeal §18- 9D-18 of said code; to repeal §18-10C-3 of said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code; to repeal §18B-16-6b of said code; to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11 of said code; to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21 of said code; to repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of said code; to repeal §21A-2-9 of said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12, and §22-25-13 of said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4 of said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal §24-1-10 of said code; to repeal §25-1-2 of said code; to repeal §25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5, §25-6-6 and §25-6-7 of said code; to repeal §29- 1-1b of said code; to repeal §29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal §29-3- 31 of said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of said code; to repeal §29-18- 24 of said code; to repeal §29-20-7 of said code; to repeal §29-21-3a of said code; to repeal §29-22- 26 of said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal §30-6-32 of said code; to repeal §30-7-17 of said code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal §30-8-11 of said code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said code; to repeal §30-13-25 of said code; to repeal §30-13A-37 of said code; to repeal §30-14-16 of said code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to repeal §30-23-30 of said code; to repeal §30-28-8a of said code; to repeal §30-30-14 of said code; to repeal §30-32-22 of said code; to repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to repeal §31-16-1, §31-16-2, §31-16-3, §31-16-4 and §31-16-5 of said code; to repeal §31A-3-5 of said code; to repeal §48-18- 134 of said code; and to repeal §48-26-1102 of said code, all relating to removing nonutilized code sections,"
With the recommendation that the committee substitutes each 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. 4247, Providing counties the discretion to accompany an electronic poll book with a printed poll book,
And reports the same back with the recommendation that it do pass.
Messages from the Executive
Mr. Speaker, Mr. Thompson, presented a communication from His Excellency, the Governor, advising that on February 4, 2010, he approved H. B. 4040.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 7 - "Requesting the Division of Highways to name bridge number 22-3/10-1.83, located in Woodville, Lincoln County, the 'Private First Class Karol Clay Memorial Bridge'".
Whereas, Karol Clay was born on September 4, 1949, in Boone County, West Virginia, the son of the late Frank and Edith Clay; and
Whereas, Karol Clay, at the age of sixteen, moved to Chicago, Illinois, where he was employed by the Clark Candy Company; and
Whereas, Karol Clay suffered severe burns over a great percentage of his body due to an accident while working and was turned down by the Draft Board; and
Whereas, Karol Clay volunteered for the United States Army on November 30, 1967, where he trained at Fort Campbell and graduated in February of 1968; and
Whereas, Private First Class Karol Clay commenced a tour of duty in Vietnam on May 5, 1968; and
Whereas, Private First Class Karol Clay was mortally wounded on August 10, 1968, from fragment wounds received during hostile ground action; and
Whereas, Private First Class Karol Clay was awarded the Purple Heart for wounds received in action and The Bronze Star Medal for meritorious achievement in ground operations against hostile forces; and
Whereas, It is fitting, to honor Private First Class Karol Clay, who made the ultimate sacrifice for his country, to name bridge number 22-3/10-1.83, located in Woodville, Lincoln County, the "Private First Class Karol Clay Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 22-3/10- 1.83, located in Woodville, Lincoln County, the "Private First Class Karol Clay 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 "Private First Class Karol Clay Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Karol Clay.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 10 - "Requesting the Division of Highways name bridge number 41-121-4.10, on the Coalfields Expressway, located on State Route 121 in Raleigh County, the 'Craig Dorsey II Memorial Bridge'".
Whereas, Craig Dorsey II, of Midway, West Virginia, was born December 8, 1982, the son of Craig Dorsey and Kathy Sizemore; and
Whereas, Craig Dorsey II was a 2001 graduate of Independence High School; and
Whereas, Craig Dorsey II was an honorable, diligent and loyal public servant, having served as a volunteer fireman with the Coal City Fire Department and an EMT at the Ghent Volunteer Fire Department; and
Whereas, Craig Dorsey II was a devoted member of the Beckley Masonic Lodge; and
Whereas, Sadly, Craig Dorsey II was tragically killed in the line of duty on January 30, 2007, in a propane tank explosion at Ghent, West Virginia, while responding with the Ghent Volunteer Fire Department; and
Whereas, Craig Dorsey II is sorely missed by his family, friends, co-workers and all those who crossed his path in life; and
Whereas, It is fitting, to honor the memory of Craig Dorsey II, who made the ultimate sacrifice to God and country while serving others, by naming bridge number 41-121-4.10, on the Coalfields Expressway, located on State Route in Raleigh County, the "Craig Dorsey II Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 41-121- 4.10, on the Coalfields Expressway, located on State Route 121 in Raleigh County, the "Craig Dorsey II 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 "Craig Dorsey II Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Craig Dorsey II.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 11 - "Requesting the bridge known as Jerry Run Road crossing 16 Mile Creek at Mercer's Bottom on Route 37, Mason County, West Virginia, specifically bridge number 27-37-1.87 be named the 'Private First Class Kenneth W. Bright Memorial Bridge'".
Whereas, Private First Class Kenneth W. Bright was born in Mason County, West Virginia in 1922. He was killed in action Germany during World War II on November 8, 1944, at the age of 22; and
Whereas, Private First Class Kenneth W. Bright was born, raised and now buried in Mason County in Beale Chapel Cemetery and survived by his only child, Sandra Bright Fausnaugh; and
Whereas, Private First Class Kenneth W. Bright made the supreme sacrifice for his country while serving in the United States Army in Germany. He was originally buried in Schmidt, Germany, then disinterred and reinterred at the U. S. Military Cemetery, Margraten, Holland. Finally, his remains were brought back to West Virginia and Mason County. This young soldier served his community, state and country with distinction, making the supreme sacrifice for his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 27-37-1.87 at Jerry Run Road crossing 16 Mile Creek at Mercer's Bottom on Route 37, Mason County, West Virginia, "Private First Class Kenneth W. Bright Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be named the "Private First Class Kenneth W. Bright Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of Private First Class Kenneth W. Bright.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 13 - "Requesting the Division of Highways to name Bridge No. 1009, located on U.S. Route 119 at mile post 25.53 crossing Coopers Creek, Big Chimney, Kanawha County, specifically bridge number 20-119-25.53, the 'Private First Class Thomas Keith Coleman Memorial Bridge'".
Whereas, Thomas Keith Coleman was born on December 7, 1948, in Big Chimney, raised and educated in Kanawha County, the son of Marvin and Kathleen Coleman; and
Whereas, He graduated from Herbert Hoover High School in 1966 where he excelled in academics, was an athlete participating on the football, wrestling and track teams and was well-liked and respected by his classmates, as well as the faculty; and
Whereas, After graduation, he proudly volunteered for service in the United States Marine Corps Reserve and rose to the rank of Private First Class, believing that he could best serve his country in the Marine Corps; and
Whereas, Private First Class Coleman was deployed to South Vietnam in December 1967; and
Whereas, After serving less than a year, he was tragically killed on January 27, 1968, in Quang Tri, South Vietnam, by small arms fire and grenades, at the age of nineteen; and
Whereas, He became the first son from the community of Big Chimney to make the ultimate sacrifice for his country, during the conflict in Vietnam, earning the bronze star and purple heart posthumously; and
Whereas, At the time of his passing, he was survived by his parents and sisters, Barbara Ravenscroft and Susan Coleman; and
Whereas, The nature of the sacrifice of this brave and courageous son from Kanawha County requires us to honor his memory, by ensuring that future generations are aware of his sacrifice in the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name Bridge number 20-119-25.53, located on U.S. Route 119 at mile post 25.53 crossing Coopers Creek, Big Chimney, Kanawha County the "Private First Class Thomas Keith Coleman Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Private First Class Thomas Keith Coleman Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and the family of Private First Class Thomas Keith Coleman.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 14 - "Requesting the Division of Highways name bridge number 40-35-0.04 located on U.S. Route 35 crossing I-64 in Scott Depot, Putnam County, the 'Trooper William 'Bill' Phillips Memorial Bridge'".
Whereas, William "Bill" Phillips was born on September 28, 1953, in Elkins, West Virginia, the son of Howard and Jeanette Phillips; and
Whereas, William "Bill" Phillips subscribed to the ideals of freedom and liberty and, prior to his career in the West Virginia State Police, he served full time in the United States Air Force for four years as a member of the Strategic Air Command here in the United States, as well as in Turkey; and
Whereas, William "Bill" Phillips was sworn into the West Virginia State Police Academy in January, 1979; and
Whereas, Upon graduation from the West Virginia State Police Academy in June, 1979, Trooper William "Bill" Phillips was assigned to the Winfield Detachment of the West Virginia State Police until May, 1987, when he was transferred to the West Virginia State Police Headquarters in South Charleston; and
Whereas, While upholding the law and keeping his neighbors safe, Trooper William "Bill" Phillips tragically died while on duty in a motor vehicle accident on U.S. Route 35 on July 30, 1987; and
Whereas, Although Trooper William "Bill" Phillips' work in Putnam County only spanned eight years, his professionalism and dedication to his career left an indelible impression on many in the county. His service was not on corporate boards, but directly to friends and neighbors who may have needed snow plowed or help with building a deck or an ear for listening; and
Whereas, Among his many activities in Putnam County, Trooper William "Bill" Phillips was a member of the Putnam County EMS, the West Virginia State Police SWAT and Dive Teams, and also raised funds and participated in the Special Olympics Law-Enforcement Torch Run; and
Whereas, Trooper William "Bill" Phillips was a dedicated family man, married eleven years to Joan Antolini Phillips, M. D., and was the father to two beautiful daughters named Heather Lyons and Laura Fullerton; and
Whereas, Many people in the Putnam County area held Trooper William "Bill" Phillips in such high regard that at least three boys have been named William in his memory; and
Whereas, Trooper William "Bill" Phillips was also an active member of the Catholic Church of the Ascension where he belonged to the Knights of Columbus; and
Whereas, The ultimate sacrifice of this brave and courageous son of West Virginia requires us to honor Trooper William "Bill" Phillips by ensuring that future generations are aware of his sacrifice in the cause of law, order and freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 40-35-0.04 located on U.S. Route 35 crossing I-64 in Scott Depot, Putnam County, the "Trooper William 'Bill' Phillips 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 "Trooper William 'Bill' Phillips Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Trooper William 'Bill' Phillips
Resolutions Introduced
Delegates Butcher, Eldridge, Rodighiero and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 32 - "Requesting the Division of Highways to name bridge number 23-11/2-0.01 on County Route 11/2 at Bruno, Logan County, West Virginia the 'LCPL Dale A. Griffin Memorial Bridge'."
Whereas, LCPL Dale A. Griffin was born on July 19, 1949, and raised in Bruno, West Virginia; and
Whereas, LCPL Dale A. Griffin was killed in action while serving his country in Vietnam on March 14, 1968; and
Whereas, On that fateful day in 1968, LCPL Dale A. Griffin gave the last full measure of devotion to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it henceforth stand as a permanent memorial so that LCPL Dale A. Griffin's supreme sacrifice will never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-11/2-0.01 on County Route 11/2 at Bruno, Logan County, West Virginia the "LCPL Dale A. Griffin 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 "LCPL Dale A. Griffin Memorial Bridge" with a designation that LCPL Dale A. Griffin served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of LCPL Dale A. Griffin and the Secretary of the Department of Transportation.
Delegates Butcher, Eldridge, Rodighiero and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 33 - "Requesting the Division of Highways to name the new State Route 10 bridge replacing the Rita Truss Bridge in Rita, Logan County, West Virginia, the 'PFC William A. Lawrence Memorial Bridge' upon the bridge's subsequent completion and opening.
Whereas, PFC William A. Lawrence was born on January 23, 1945, and raised in Man, West Virginia; and
Whereas, PFC William A. Lawrence was killed in action while serving his country in Vietnam on April 17, 1968; and
Whereas, On that fateful day in 1968, PFC William A. Lawrence gave the last full measure of devotion to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it henceforth stand as a permanent memorial so that PFC William A. Lawrence's supreme sacrifice will never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the new State Route 10 bridge replacing the Rita Truss Bridge in Rita, Logan County, West Virginia, the "PFC William A. Lawrence Memorial Bridge" upon the bridge's subsequent completion and opening; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "PFC William A. Lawrence Memorial Bridge" with a designation that PFC William A. Lawrence served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of PFC William A. Lawrence and the Secretary of the Department of Transportation.
On motions for leave, Joint Resolutions were introduced, read by their titles and referred as follows:
By Delegates J. Miller, Blair, Cowles, McGeehan, Shott, Andes, Hall, Carmichael, Duke, Border and Armstead:

H. J. R. 103 - "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 preserving the freedom of West Virginians to provide for their healthcare thereof; 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.
By Delegates Overington, Doyle, McGeehan, Walters, Cowles, Azinger, T. Walker and Duke:

H. J. R. 104 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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 Finance.
And,
By Delegates Caputo (By Request), D. Poling, Longstreth and Manchin:
H. J. R. 105 - "Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption for totally disabled veterans; 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 Finance.
Delegates Brown, Fleischauer, Guthrie, Hatfield, Lawrence, Longstreth, Mahan, Marshall, C. Miller, Phillips, M. Poling, Poore, Rowan, Schoen, Smith, Sobonya, Spencer, Staggers, Sumner and Susman offered the following resolution, which was read by its title a follows:
H. R. 16 - "Designating Friday, February 5, 2010, as 'National Wear Red Day'."
Whereas, Diseases of the heart are the nation's leading cause of death, and stroke is the third leading cause of death; and
Whereas, Cardiovascular disease claims the lives of nearly 460,000 American females each year, approximately one death per minute; and
Whereas, Each year, 53% of all deaths due to cardiovascular disease and 61% of stroke deaths occur in females; and
Whereas, Too many women die each year because they are unaware that heart disease is their No. 1 killer; and
Whereas, In 2010, the direct and indirect cost of cardiovascular diseases in the U. S., including stroke, is estimated to be $503.2 billion; and
Whereas, Nearly as many women die of heart disease, stroke, and all other cardiovascular diseases than then next five leading causes of death combined, including all cancers; and
Whereas, Only 21% of women consider cardiovascular disease their greatest health risk; and
Whereas, February is designated as American Heart Month; and
Whereas, Go Red For Women® is the American Heart Association's national call to increase awareness about heart disease - the leading cause of death for women - and to inspire women to take charge of their health; and
Whereas, All women should learn their own personal risk for heart disease, using tools such as the American Heart Association's Go Red For Women Heart CheckUp, Go Red For Women Better U and by talking to their healthcare provider; and
Whereas, Making the right choices relating to proper nutrition, physical activity, other healthy lifestyle choices are essential to living a heart healthy life; and
Whereas, By increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates Friday, February 5, 2010, to be "National Wear Red Day" in recognition of the importance of the ongoing fight against heart disease and stroke and urge all citizens to show their support for women and the fight against heart disease by commemorating this day by the wearing of the color red; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to representatives of the American Heart Association.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 16) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Brown, Anderson, Andes, Ashley, Azinger, Barker, Beach, Boggs, Butcher, Campbell, Cann, Canterbury, Cowles, Craig, Crosier, Duke, Eldridge, Ellem, Ennis, Ferro, Fleischauer, Givens, Guthrie, Hall, Hamilton, Hartman, Hunt, Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Longstreth, Louisos, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Ross, Rowan, Schadler, Shaver, Shott, Smith, Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Talbott, D. Walker, T. Walker, Wells, White and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 17 - "Recognizing the contributions of West Virginia women who served their nation as Women Ordinance Workers during World War II."
Whereas, During World War II with most of America's men serving in the armed forces of our nation on battlefields around the globe, millions of women around the nation rallied to the call to help keep our nation's industrial productivity operational; and
Whereas, These women, officially called "Women Ordinance Workers", filled the industrial void to produce such products as airplanes, ships and vehicles. They worked on assembly lines in our nation's industries as riveters, welders and machinists. They served as health care personnel and also laboratory personnel. They were also record keepers, writers and bookkeepers; and
Whereas, The Women Ordinance Workers, later nicknamed "Rosie the Riveters", were dedicated patriotic women who were performing the carrying tasks considered as men's work, as their husbands, brothers and sons served in the armed forces and battled the enemy on foreign soil; and
Whereas, Many women from West Virginia are documented to have worked not only in their home state, but were deployed to other parts of the nation; and
Whereas, As these women rallied to the call of a nation at war, they did so at a great personal sacrifice, many even leaving their children with family members at a time when communications around the nation were limited; and
Whereas, While popular songs and movies have immortalized their actions, they remain unrecognized heroes for their efforts in helping to gain victory and maintain freedom around the world; therefore, be it
Resolved by the House of Delegates:
That the House hereby recognizes the contributions of West Virginia women who served their nation during World War II as Women Ordinance Workers, also known as "Rosie the Riveters" by keeping the nations industrial manufacturing capabilities operation; and be it
Further Resolved, That the House extends its sincere appreciation to all West Virginia women who unselfishly served their nation by keeping nation's industrial production lines functioning during World War II; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the appropriate representatives of Thanks! Plain and Simple, Inc.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 17) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Miley, Brown, Fleischauer, Frazier, Hunt, Manchin, Michael, Moore, Wooton, Hamilton and Ellem:

H. B. 4352 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-15, relating to the establishment of a Business Court Division within West Virginia's circuit court districts by the West Virginia Supreme Court of Appeals; legislative findings; authorizing the creation of Business Court Divisions within certain circuit court districts; providing for the promulgation of appropriate rules of the Court"; to the Committee on the Judiciary.
By Delegates Longstreth, Manchin, Caputo and Cann:

H. B. 4353 - "A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to allowing vehicles designated by the Secretary of the Department of Military Affairs and Public Safety for emergency response by West Virginia police reserves to use red flashing lights"; to the Committee on the Judiciary.
By Delegates Miley, Susman, Longstreth, Ferro, Brown, Ross and Moore:

H. B. 4354 - "A Bill to amend and reenact §48-27-1002 of the Code of West Virginia, 1931, as amended, relating to conditions and arrests in domestic violence matters; including certain injunctive relief and protective orders the violation of which allow law-enforcement officers to seize weapons in possession of domestic violence respondents"; to the Committee on the Judiciary.
By Delegates Miley, Barker, Longstreth, Michael, Susman, Hamilton, Overington and Schadler:

H. B. 4355 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to crimes against public justice; making it a felony offense to disarm, or attempt to disarm probation officers and parole officers; and criminal penalties"; to the Committee on the Judiciary then Finance.
By Delegates Miley, Brown, Moore, Wells, Ferro, Longstreth, Ross, Ellem and Susman:

H. B. 4356 - "A Bill to amend and reenact §17B-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §50-3-2a of said code, all relating to the suspension of drivers' licenses; and providing a nonresident ninety days to pay fines and penalties before the magistrate court sends notice to the Division of Motor Vehicles"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Cowles, Miller, J. and Overington:

H. B. 4357 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10d, relating to prohibiting project labor agreements on state-funded construction contracts"; to the Committee on Government Organization then the Judiciary.
By Delegates Cowles, Stowers, Eldridge, Rodighiero, J. Miller, C. Miller, Blair, Michael, Evans and Hall:

H. B. 4358 - "A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to exempting special fuel and propane used for home heating purposes from the motor fuel excise tax"; to the Committee on Finance.
By Delegates D. Poling, Klempa, Ferro, Longstreth, D. Walker, Varner, Morgan and Caputo:

H. B. 4359 - "A Bill to amend and reenact §21-1C-2 of the Code of West Virginia, 1931, as amended, relating to requiring local labor for public construction projects by reducing the dollar amount of the applicable construction project to $250,000 and reducing the amount of miles for the local labor market to fifty miles"; to the Committee on Government Organization then the Judiciary.
By Delegates Moye, Staggers, Manchin, Campbell, Miley and Doyle:

H. B. 4360 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-6-7, relating to a commission to study annexation"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Miley, Barker, Susman, Ellem, Schadler, Ferro, Brown, Longstreth, Moore and Ross:

H. B. 4361 - "A Bill to repeal §48-27-803 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-27-206 of said code, all relating generally to the prevention and treatment of domestic violence; removing provisions prohibiting the sharing of information with other governments and law-enforcement agencies; and broadening the definition of 'law- enforcement agency' for the purpose of sharing information with the federal government and its agencies"; to the Committee on the Judiciary.
By Delegates Cowles, Duke, Overington, Blair, C. Miller, Sobonya and J. Miller:

H. B. 4362 - "A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to eliminating the state excise tax on the privilege of transferring real property; imposing a new county excise tax for transferring real property; and providing that the tax may be used by a county for it's own purposes and for jail fees incurred by that county"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Longstreth and Manchin:

H. B. 4363 - "A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to removing the receipt of an annuity, pension or other retirement pay as a disqualification for unemployment compensation benefits"; to the Committee on the Judiciary then Finance.
By Delegates Doyle and Duke:

H. B. 4364 - "A Bill to amend and reenact §8A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-7-7 and §8A-7-13 of said code, all relating to land use planning; zoning; process to replace a noneuclidean zoning ordinance; and providing that the term 'zoning ordinance' means either 'euclidean zoning ordinance' or 'noneuclidean zoning ordinance'"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Eldridge, Rodighiero, Butcher, Stowers, T. Walker, Stephens, Hall and Shook:

H. B. 4365 - "A Bill to amend and reenact §50-2-1 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum amount in controversy in magistrate court from $5,000 to $15,000 "; to the Committee on the Judiciary.
By Delegates Walters, Ashley, Perry, Varner, Michael, Hartman and White:

H. B. 4366 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; and identifying the claims loss experience information to be provided"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Spencer, Hunt, Perdue, Poore, Boggs, Reynolds, Hatfield, White, Varner and Walters:

H. B. 4367 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-13a, relating to creating the criminal offense of obtaining nonferrous metals unlawfully; and penalties"; to the Committee on the Judiciary then Finance.
By Delegates Mahan, Klempa and Fleischauer:

H. B. 4368 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5 and §5-30-6, all relating to the creation of an Equal Pay Coordinator within the Governor's Office to ensure pay equity among state employees; making legislative findings; providing qualifications for the position; providing powers and duties of coordinator; providing for the development of a strategic plan to ensure pay equity in state government; authorizing other agencies to share necessary information with the coordinator; and providing rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegates Eldridge, Rodighiero, Butcher, Barker, Stephens and T. Walker:

H. B. 4369 - "A Bill to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to clarifying that waitresses are eligible to receive the state minimum wage set before tips or gratuities"; to the Committee on the Judiciary.
By Delegates Eldridge, Rodighiero, Butcher, Barker, T. Walker, Stephens and Shook:

H. B. 4370 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-2-129b, relating to limiting the number of telephone calls by a debt collector to a consumer to one call per any thirty-day period"; to the Committee on the Judiciary.
By Delegates Michael and Cann:

H. B. 4371 - "A Bill to amend and reenact §11-21-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-24-23a of said code, all relating to increasing allowable tax credits for qualified rehabilitated buildings investment"; to the Committee on Finance.
By Delegates Miley, Brown, Caputo, Fleischauer and Skaff:

H. B. 4372 - "A Bill to amend and reenact §61-11-22 of the Code of West Virginia, 1931, as amended, relating to correcting a cross-reference in a pretrial diversion agreement section to another section that defines a family or household member"; to the Committee on the Judiciary.
By Delegates Cann, Eldridge, Guthrie, Hatfield, Lawrence, Mahan, Manypenny, Michael, C. Miller, Perdue and Phillips:

H. B. 4373 - "A Bill to amend and reenact §5-16B-6d of the Code of West Virginia, 1931, as amended, relating to eliminating the twelve-month look-back period for children who have had employer sponsored insurance and are now applying for Children's Health Insurance Program coverage"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Moore, C. Miller, Staggers, Lawrence, Phillips, T. Walker, Hatfield, Manypenny, Hamilton, Moye and Perry:

H. B. 4374 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49-11-6, §49- 11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; criminal penalty for false statement; and rule-making authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Ross, Lawrence, Manypenny, Skaff, Marshall, Lane, Anderson, Hatfield and Eldridge:

H. B. 4375 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-27-38, relating to retaining nursing educators; providing up to a $3,500 tax credit for full-time nursing faculty members in the state; establishing the criteria for taking the credit; granting rulemaking authority to the State Tax Commissioner; and defining terms"; to the Committee on Education then Finance.
By Delegate Hunt:

H. B. 4376 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §35-5-9, relating to requiring every internment or grave to identify the decedents' identity"; to the Committee on the Judiciary.
By Delegates Fleischauer, Shook, Beach and Marshall:

H. B. 4377 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-5a; and to amend and reenact §18A-4-15 of said code, all relating to the hiring of substitute service personnel by county school boards who can be used on a daily basis but do not count against the yearly state aid fund"; to the Committee on Education then Finance.
By Delegates Poling, M. and Duke

[By Request of the Department of Education]:
H. B. 4378 - "A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to approval and operation of alternative education programs to prepare principals for certification; providing for state board rule; eligibility; required alternative program certificate; and minimum program components"; to the Committee on Education then the Judiciary.
By Delegate Martin

[By Request of the Division of Motor Vehicles]:
H. B. 4379 - "A Bill to amend and reenact §17C-4-1, §17C-4-2, §17C-4-3, §17C-4-5, §17C- 4-6, §17C-4-7, §17C-4-8, §17C-4-9, §17C-4-10, §17C-4-11, §17C-4-14 and §17C-4-15 of the Code of West Virginia, 1931, as amended, all relating to reporting crashes to a law enforcement agency; increasing property damage notification threshold; updating law enforcement reporting requirements; and changing responsibility for receiving reports and preparation of reports to the Division of Highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates M. Poling. and Duke

[By Request of the Department of Education]:
H. B. 4380 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended, relating to providing eligibility for a license to teach in the public schools for candidates who are not United States citizens"; to the Committee on Education then the Judiciary.
By Delegates Moye, Staggers, Manchin, Campbell, Miley and Doyle:

H. B. 4381 - "A Bill to amend and reenact §8-6-1, §8-6-2, §8-6-3, §8-6-4, §8-6-5 and §8-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-6-7, all relating to annexation generally; fixing antiquated language; and granting circuit court review of county commission decisions"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates D. Poling, Ellem, Longstreth, Frazier, Hamilton, Miley, Caputo and Boggs:

H. B. 4382 - "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, §61-13-4, §61-13-5, §61-13-6, §61- 13-7, §61-13-8, §61-13-9, §61-13-10, §61-13-11, §61-13-12 and §61-13-13, all relating to crimes; forfeiture of property used in various crimes; providing definitions; statement of purpose of forfeitures; procedure for forfeiture; seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; interference with or diminishing forfeitable property; providing right to trial by jury; care of property in law-enforcement custody; sale of forfeited property, application of proceeds and forfeiture funds; and providing exceptions"; to the Committee on the Judiciary.
By Delegates M. Poling and Duke

[By Request of the Department of Education]:
H. B. 4383 - "A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended, relating to low-performing school accreditation status and consequent steps for improvement; adding certain student assessment results as circumstance for giving low-performing status; providing for state department system of support team to make recommendations for improvement; and requiring process for making improvement by a date certain"; to the Committee on Education.
House Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. R. 14, Creating a Select Committee on Coal Mining Permits,
H. C. R. 2, The "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge",
H. C. R. 11, Requesting the Division of Highways erect two signs on I-79 when entering Marion County honoring two West Virginia football legends, Sam Huff and Frank "Gunner" Gatski,
H. C. R. 14, Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2010,
And,
H. C. R. 17, The "Freda Bell Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring Senate action.
The following resolutions, coming up in regular order, as unfinished business, were, on motion of Delegate Boggs, laid over one day, retaining their place on the calendar:
H. C. R. 31, Expressing the will of the Legislature in supporting the Credit Card Act enacted by Congress in May of 2009,
S. C. R. 1, Requesting DOH name bridge in Doddridge County "SPC Jason N. Marchand Memorial Bridge",
S. C. R. 2, Requesting DOH name portion of Route 16 in Fayette County "Robert K. 'Bob' Holliday Highway",
S. C. R. 3, Requesting DOH name bridge in Fayette County "Eugene Mitchell Skaggs Memorial Bridge",
S. C. R. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay Hovatter Memorial Bridge",
And,
S. C. R. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial Bridge".
Third Reading
Com. Sub. for H. B. 2663, Expanding the power of municipal parking authority officers; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid over.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4140, Relating to the board of physical therapy,
And,
Com. Sub. for H. B. 4166, Expanding the age for firefighters over thirty-five years of age for persons already employed by another paid fire department.
At 11:20 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 8, 2010.