__________*__________
Friday, February 19, 2010
THIRTY-EIGHTH 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 18, 2010, 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. 20, The "PFC Ezra Craft Memorial Bridge",
H. C. R. 23, The "SFC Terrance N. Gentry Memorial Bridge",
H. C. R. 24, The "PFC Franklin L. Conn Memorial Bridge",
H. C. R. 25, The "PFC Clarence Ellis Memorial Bridge",
H. C. R. 27, The "Sergeant Shirley W. O'Boyle Memorial Bridge",
H. C. R. 32, The "LCPL Dale A. Griffin Memorial Bridge",
And,
S. C. R. 7, Requesting DOH name bridge in Woodville, Lincoln County, "Private First Class
Karol Clay Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4407, Updating the law regarding the rabies vaccinations of dogs and cats,
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. 4407) 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:
H. B. 3110, Renaming conservation officers to be natural resources police officers,
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 Government Organization be dispensed with.
In the absence of objection, reference of the bill (H. B. 3110) to the Committee on
Government Organization was abrogated.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 4448, Correcting an inconsistency in the code regarding school board levies,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4448) was 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. 4188, Anti-Criminal Street Gang Act,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 in
association with or in furtherance of a criminal street gang; 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 in association with or in furtherance of a criminal street gang; prohibiting the use of force
or the threat of force to further the interests of a criminal street gang; exempting certain protected
activities; defining terms; and establishing criminal penalties,"
And,
H. B. 4457, Relating to the access to and protection of cemeteries,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4457 - "A Bill to amend and reenact §29-1-8a of the Code of West
Virginia, 1931, as amended; to amend and reenact of said code; to amend and reenact §37-13A-1,
§37-13A-2 and §37-13A-5 of said code; to amend said code by adding a new section, designated
§37-13A-7; and to amend and reenact §61-8-14 of said code, all relating to the access to and
protection of cemeteries; clarifying procedures for protection of graves and burial sites; clarifying
requirements and procedures for access to cemeteries and grave sites located on private land;
clarifying conduct subject to criminal sanctions as it relates to the crime of disinterment of a dead
body or damage to a cemetery,"
With the recommendation that the committee substitutes each do pass, and with the
recommendation that second reference of the committee substitutes to the Committee on Finance
be dispensed with.
In the absence of objection, reference of the bills (Com. Sub. for H. B. 4188 and Com. Sub.
for H. B. 4457) to the Committee on Finance was abrogated.
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. 4036, Establishing the Judicial Vacancy Advisory Commission,
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. 4184, Relating to mandatory anti-racial profiling training for certain law-enforcement
officers,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4184) was 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. 4292, Relating to requirements to serve as a magistrate,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4292 - "A Bill to amend and reenact §50-1-4 of the Code of West
Virginia, 1931, as amended, relating to requirements to serve as a magistrate; requiring a bachelor
degree or two years of experience to serve as a magistrate; authorizing the Supreme Court
Administrator to dismiss magistrates from annual training; and deleting antiquated provisions,"
And,
H. B. 4352, Authorizing the West Virginia Supreme Court of Appeals to create a Business Court Division within certain circuit court districts,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for 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 designation of Business Court Divisions within
certain circuit court districts; providing for the promulgation of appropriate rules of the Court,"
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. 4043, 4055, 4060, 4064, 4065, 4066, 4070, 4072, 4073, 4074, 4075, 4077, 4083, 4084,
4085, 4086, 4087, 4108, 4111, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4120, 4121, 4122, 4123,
4124, 4224 and 4236, Authorizing Miscellaneous Agencies and Boards to promulgate legislative
rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4108 - "A Bill to amend and reenact article 9, chapter 64 of the Code
of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the
agencies to promulgate certain legislative rules in the form that the rules were filed in the State
Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing the State Board of Examiners for Licensed Practical
Nurses to promulgate a legislative rule relating to policies and procedures for development and
maintenance of educational programs in practical nursing (10 CSR 1); authorizing the Board of
Examiners in Counseling to promulgate legislative rules relating to marriage and family license
renewal and continuing professional education (27 CSR 10), licensed professional counselor fees
(27 CSR 2), licensed professional counselor license renewal and continuing professional education
requirements (27 CSR 3), marriage and family therapists licensing (27 CSR 8), and marriage and
family therapists fees (27 CSR 9); authorizing the Board of Medicine to promulgate a legislative rule
relating to fees for services rendered by the Board of Medicine including assistance to the Board-
designated physician health program for physicians, podiatrists and physician assistants (11 CSR 4);
authorizing the Conservation Agency to promulgate a legislative rule relating to the operation of the
West Virginia State Conservation Committee and conservation districts (63 CSR 1); authorizing the
Commissioner of Agriculture to promulgate legislative rule relating to animal disease control (61
CSR 1), integrated pest management programs in schools and child care centers and facilities (61
CSR 12J, West Virginia shellfish (61 CSR 23B), and best management practices for land application
of waste products from aquaculture facilities (61 CSR 27); authorizing the Board of Barbers and
Cosmetologists to promulgate legislative rule relating to continuing education (3 CSR 11),
qualifications, training, examination and licensure of instructors in barbering and beauty culture (3 CSR 2), licensing schools of barbering and beauty culture (3 CSR 3), operation of barber, beauty
shops and schools of barbering and beauty culture (3 CSR 5), schedule of fees (3 CSR 6), and
schedule of fines (3 CSR 7); authorizing the Board of Examiners for Speech-Language Pathology
and Audiology to promulgate a legislative rule relating to licensure of speech-pathology and
audiology (29 CSR 1); authorizing the Real Estate Appraiser Licensing and Certification Board to
promulgate legislative rules relating to the requirements for licensure and certification (190 CSR 2)
and the renewal of licensure or certification (190 CSR 3); authorizing the Board of Osteopathy to
promulgate legislative rules relating to fees for services rendered by the Board (24 CSR 5), licensing
procedures for osteopathic physicians (24 CSR 1), and the formation and approval of professional
limited liability companies (24 CSR 4); authorizing the Secretary of State to promulgate legislative
rules relating to early voting in person satellite precincts (153 CSR 13), Vote-by-mail Pilot Project
Phase 1: Class IV Early Voting by Mail (153 CSR 38) and Vote-by-mail Pilot Project Phase 2:
Voting by Mail (153 CSR 39); authorizing the Board of Occupational Therapy to promulgate
legislative rules relating to the administrative rules of the Board of Occupational Therapy and
licensure of occupational therapists and occupational therapy assistants (13 CSR 1), fees for services
rendered by the Board (13 CSR 3), continuing education and competence (13 CSR 4), competency
standards for advance practice by occupational therapists and occupational therapy assistants (13
CSR 5) and ethical standards of practice (13 CSR 6); authorizing the Board of Psychologists to
promulgate a legislative rule relating to the qualifications for licensure as a psychologist or a school
psychologist (17 CSR 3); and authorizing the Governor's Office of Health Enhancement and
Lifestyle Planning to promulgate a legislative rule relating to prescription drug advertising expense
reporting (210 CSR 1),"
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. 4052, 4057, 4058, 4061, 4097, 4110 and 4119, Authorizing the Department of
Commerce to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4110 - "A Bill to amend and reenact article 10, chapter 64 of the code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the Department of Commerce; legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative agencies of the state; authorizing
certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended
by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with
various modifications presented to and recommended by the Legislative Rule-Making Review
Committee and as amended by the Legislature; authorizing the Division of Natural Resources to
promulgate legislative rules relating to commercial whitewater outfitters (58 CSR 12), deer hunting
(58 CSR 50) and special fishing (58 CSR 61); authorizing the Board of Trustees of the Outdoor
Heritage Conservation Fund to promulgate a legislative rule relating to the Outdoor Heritage
Conservation Fund (205 CSR 1); authorizing the Division of Tourism to promulgate a legislative rule relating to direct advertising grants program (144 CSR 1); authorizing the Hatfield-McCoy
Regional Recreation Authority to promulgate a legislative rule relating to use of facilities (204 CSR
1); and authorizing the Division of Energy to promulgate a legislative rule relating to community
development assessment and real property valuation procedures for the Office of Coalfield
Community Development (207 CSR 1),"
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. 4327, Relating to the practice of beauty care,
And reports the same back with the recommendation that it do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4008, Green Buildings Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4008) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4339, Relating to collecting debts through the United States Treasury Offset Program,
And,
H. B. 4455, Changing the Martinsburg public library to the Martinsburg-Berkeley County
Public Library,
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. 4339 and H. B. 4455)
were each referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4063, Administration, state owned vehicles,
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. 4063) was referred to
the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Stowers, Perry, M. Poling, Paxton, D. Walker and Duke:
H. B. 4593 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-8-6; to amend and reenact §18-8-1, §18-8-1a and §18-8-4 of
said code; to amend and reenact §18-9A-3a and §18-9A-21 of said code; and to amend and reenact §62-15-4 of said code, all relating to relating to improving student participation, success and high
school graduation rates; increasing the minimum age for ending compulsory school attendance;
reducing the number of days of unexcused absences at which proceedings to enforce attendance
begin; establishing the 'High School Graduation Improvement Act'; establishing legislative findings
and intent; requiring county board of education plan for improving student retention and increasing
graduation rate; requiring state board of education to develop, expand and assist certain programs;
increasing funding for alternative education programs; and authorizing establishment of additional
juvenile drug courts."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4035, Relating to electronic filing of tax returns and electronic funds transfers in
payment of taxes,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4035 - "A Bill to amend and reenact §11-10-5t and §11-10-5z of the
Code of West Virginia, 1931, as amended; to amend and reenact §11-13V-7 of said code; and to
amend and reenact §11-21-54 and §11-21-74 of said code, all relating to electronic filing of tax
returns and electronic funds transfers in payment of taxes; requiring taxpayers with a tax liability of
$10,000 or more to file electronically; requiring electronic filing for certain tax preparers and
employers; providing exceptions; and providing a $10,000 tax liability threshold amount to require
taxpayers to pay by electronic funds transfers,"
H. B. 4172, Authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4172 - "A Bill to amend and reenact §17A-3-14 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue special
license plates for members of certain organizations upon approval of the commissioner; establishing
requirements for eligible organizations; assessing a special initial application fee and a special annual
fee; discontinuance of a specialty plate; and establishing a minimum number of applications for the
special plates prior to the design and production of the plates,"
And,
H. B. 4335, Relating to the business registration tax,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4335 - "A Bill to amend and reenact §11-12-5 of the Code of West
Virginia, 1931, as amended, relating to the business registration tax generally; specifying the
business registration tax and business registration certificate are subject to exemptions; and
specifying that the tax is imposed for each and every issuance, reissuance or reinstatement of a
business registration certificate,"
With the recommendation that the committee substitutes each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4037, Relating generally to federal subsidy bonds and bond financing,
And,
H. B. 4312, Relating to the Tax Procedure and Administration Act,
And reports the same back, with title amendments, with the recommendation that they each
do pass, as amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 14, Declaring that the month of May be proclaimed as Lyme Disease Awareness
Month beginning in 2010.
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. 364 - "A Bill to amend and reenact §60A-9-5 of the Code of West
Virginia, 1931, as amended, relating to permitting duly authorized agents of the Office of the Chief
Medical Examiner to inspect certain confidential information concerning controlled substances that
is required to be kept by the State Board of Pharmacy"; 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. 611 - "A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as
amended; to amend and reenact §18B-2B-6 of said code; and to amend and reenact §18B-4-1 of said code, all relating to locating the offices of the Higher Education Policy Commission, the Vice
Chancellor for Administration and the West Virginia Council for Community and Technical College
Education"; which was referred to the Committee on Finance.
Resolutions Introduced
Delegates Manypenny, Anderson, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border,
Butcher, Campbell, Cann, Canterbury, Caputo, Doyle, Eldridge, Evans, Ferro, Frazier, Givens,
Guthrie, Hall, Hamilton, Hatfield, Hunt, Iaquinta, Ireland, Klempa, Kominar, Lawrence, Longstreth,
Louisos, Mahan, Manchin, Marshall, Martin, McGeehan, Michael, C. Miller, Moore, Morgan, Moye,
Overington, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Porter, Reynolds, Rodighiero,
Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shott, Skaff, Smith, Sobonya, Stephens, Stowers,
Sumner, Susman, Talbott, Varner, D. Walker, T. Walker, Walters, Wells, White and Williams
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 63 - "Requesting that a small portion of Route 50 from mile marker 13 in Blueville
to the Tygart River Bridge at Fetterman, West Virginia be named the 'John W. Blue Memorial
Highway'."
Whereas, John W. Blue was born in Hampshire County, West Virginia in 1803 and passed
away in 1889. The Blue family settled in Romney, West Virginia in 1725; and
Whereas, John W. Blue was awarded the contract to build the Route 50 Northwestern
Turnpike from Cheat Mountain to the Tygart River at Fetterman; and
Whereas, John W. Blue was the first gatekeeper at the covered bridge crossing the Tygart
River, a local businessman, and owned 300 acres along Route 50; and
Whereas, Blueville was named after John W. Blue; and
Whereas, He, also, donated land to the City of Grafton to start a cemetery, wherein they
named the cemetery Bluemont; and
Whereas, John W. Blue served his community and state with unfettered generosity and
distinction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the small portion of Route 50
from mile marker 13 in Blueville to the Tygart River Bridge at Fetterman, West Virginia be named
the "John W. Blue Memorial Highway"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs containing bold and prominent letters proclaiming the section of road
to be named the "John W. Blue Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the family of John W. Blue.
Delegates Ashley and Carmichael offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 64 - "Requesting the Division of Highways to name the new bridge located off
Route 33 on Parrish Hill Road, Jackson County, specifically bridge number 18-5/18-1.07, the
'Delmar L. Parrish Bridge'."
Whereas, Delmar L. Parrish was born on September 1, 1919, the son of Cadmus O. Parrish
and Osa Landfried Parrish in Jackson County, West Virginia, and raised and educated in Jackson
County. He was employed by C. H. Heist Corporation. He married Lola B. Winebrenner on
November 12, 1949. They had four children, Micheal L. Parrish, Christy G. Parrish Slider, Jean L. Parrish Stephens and Paula E. Parrish Casale; and
Whereas, Delmar L. Parrish was inducted into the United States Army on October 9, 1942,
during WWII. He began his active duty on October 23, 1942, with the 1st BN HQ 383 Infantry
Regiment 96 Infantry Division and separated from the military January 16, 1946. His military
campaign included the Southern Philippines (Ryukyus) and was awarded the Asiatic Pacific Theater
Ribbon with two Bronze Stars with Bronze Arrowhead, the Philippine Liberation Ribbon with two
Bronze Stars. Wounded in action on Okinawa, Corporal Delmar L. Parrish received the Purple Heart
Medal. Returning home, Delmar L. Parrish became a heavy equipment operator, married, raised a
family and continued to contribute to his community and state. His wife, Lola Parrish, died
November 18, 1988, and he has been on his own for twenty-two years; and
Whereas, Delmar L. Parrish served his country with courage and honor and was a credit to
his community and dedicated husband, father, neighbor; and
Whereas, The military survivors of the Great Generation such as Delmar L. Parrish should
not go unnoticed and the service to his country of this brave and courageous son of Jackson County
requires us to honor him, thus ensuring that future generations are aware of his bravery and service
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 18-5/18-1.07, located off Route 33 on Parrish Hill Road, Jackson County, the
"Delmar L. Parrish 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 "Delmar L. Parrish Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways,
Delmar L. Parrish and the family of Delmar L. Parrish.
Delegate Ashley offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 65 - "Requesting the Division of Highways to name the 1.4 mile stretch of road off
the I-79 Exit at Amma, Roane County, West Virginia, the 'Sloan Brother's Highway'."
Whereas, John Wilder Sloan married Flora Ethel Nida on December 20, 1917, and were
lifelong residents of Amma, West Virginia and the parents of eleven children. During the 1940's
three of their children, Carl, Arch and Eugene served in the United States Military at the same time.
Arch and Carl were in the United States Army and Eugene in the United States Navy. Their son
Lovel served in the United States Army in 1954 and son Emmet from 1954 to 1959. Three of John
and Flora's grandchildren and three great grandchildren have served in the United States Military,
two of them currently in foreign countries; and
Whereas, The Sloan name is well-known and respected in southern Roane County, whether
having served in the military or not for their contributions to their community as well as to the state
and their county during military service; and
Whereas, The community, children and grandchildren of these well-respected residents of
Roane County believe that the lives of these members of the Sloan family, their community
contributions and military service should be memorialized, by ensuring that future generations are
aware of the lives, bravery, service and sacrifice in the cause of freedom by this remarkable family and sons of Roane County, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name
the 1.4 mile stretch of road off the I-79 Exit at Amma, Roane County, West Virginia, the "Sloan
Brother's Highway"; 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, containing bold and prominent letters proclaiming this
1.4 mile stretch of road off the I-79 Exit at Amma, Roane County, West Virginia, the "Sloan
Brother's Highway"; 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 surviving family of the Sloan brothers.
Delegates Williams and Shaver offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 66 - "Commemorating the passing of CW4 Brent Cole, patriot, pilot, husband,
father, soldier, proud West Virginian and true American hero."
Whereas, CW4 Brent Cole was born August 12, 1970, in Morgantown, West Virginia, was
raised in Reedsville and graduated from West Preston High School in 1988; and
Whereas, Brent joined the West Virginia National Guard at the age of seventeen, knowing
that he was destined for a military career; and
Whereas, In 1998, Brent was selected to the Army Warrant Officer Flight Program. He
excelled as an Army Aviator and began flying the AH-64D Longbow Apache Helicopter. He continued to excel by becoming his unit's Aviation Safety Officer, ensuring the safety of those
around him; and
Whereas, With his much revered skills and professionalism as a pilot, Brent was selected
to become an instructor pilot, and given the responsibility for teaching new aviators the skills to
operate the greatest attack helicopter in the world; and
Whereas, CW4 Brent Cole served his country and state in Bosnia, Sinai, Iraq and
Afghanistan; and
Whereas, On May 22, 2009, while escorting an aerial convoy through enemy territory, CW4
Brent Cole lost his life in Afghanistan when the Apache he was flying suffered a single engine flame
out resulting in a crash; and
Whereas, CW4 Cole's military decorations include the Bronze Star, Distinguished Flying
Cross, Air Medal with Valor, Army Commendation Medal with four oak clusters and twenty other
medals; and
Whereas, CW4 Brent Cole leaves behind his wife Vanessa, his ten year old son Carson, and
his parents Helen and Jack Cole; and
Whereas, The passing of CW4 Brent Cole should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That regret is hereby expressed by the members at the passing of CW4 Brent Cole, patriot,
pilot, husband, father, soldier, proud West Virginian and true American hero; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of CW4 Brent Cole.
Delegates Manypenny, Mr. Speaker, Mr. Thompson, Anderson, Armstead, Ashley, Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Craig,
Doyle, Eldridge, Ellem, Ennis, Evans, Ferro, Fleischauer, Frazier, Givens, Guthrie, Hall, Hamilton,
Hartman, Hatfield, Hunt, Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Longstreth, Louisos,
Mahan, Manchin, Marshall, Martin, McGeehan, Michael, C. Miller, Moore, Morgan, Moye,
Overington, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Porter, Reynolds, Rodighiero,
Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith, Sobonya, Stephens,
Stowers, Sumner, Susman, Talbott, Varner, D. Walker, T. Walker, Walters, Wells, White and
Williams offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 67 - "Requesting the Division of Highways to name that portion of highway
beginning on U.S. Route 50 at the Fetterman Bridge in Grafton, Taylor County, and continuing to
the Harrison County/Doddridge County line a 'Purple Heart Trail'."
Whereas, Thornberry Bailey Brown was a Private in "Grafton Guards", a militia unit raised
in Taylor County during the Civil War; and
Whereas, Private Brown was returning to Grafton, Taylor County, after recruitment duty
with a comrade when they encountered members of the Confederate Army performing picket duty
near the bridge in the town of Fetterman; and
Whereas, Private Brown was ordered to halt by the Confederates, and he responded by
shooting at the soldiers; and
Whereas, One of the Confederate soldiers returned fire, killing Private Brown, making him
the first Union casualty of the Civil War; and
Whereas, Private Brown was later interred in the Grafton National Cemetery; and
Whereas, The Grafton National Cemetery and the West Virginia National Cemetery are
both located in Grafton, Taylor County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name that portion of
highway beginning on U.S. Route 50 at the Fetterman Bridge in Grafton, Taylor County, and
continuing to the Harrison County/Doddridge County line a "Purple Heart Trail"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying this section of U.S. Route 50 as a "Purple Heart Trail"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
Resolution to the Commissioner of Highways and Roger D. Roy, Military Order of the Purple Heart
Chapter 724 Service Officer.
Delegate Shott offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 68 - "Expressing the sense of the Legislature that designating the annual observance
of the week following the Veterans' Day Holiday as Veterans' History Week for the State of West
Virginia will increase the awareness and understanding of American history and the contributions
and sacrifices of our veterans in service to their state and nation and to the advancement of freedom
throughout the world."
Whereas, According to the West Virginia Veteran's history Project, over 200,000 West
Virginians were veterans; and
Whereas, West Virginia has the highest number of veterans per capita of any state in the
nation; and
Whereas, November 11, is recognized nationally and in our state as the Veterans' Day
Holiday; and
Whereas, By designating the week following the Veterans' Day Holiday as Veterans'
History Week, students and the public will have the opportunity to learn about the history of the
United States, and the contributions of our veterans to the struggles which brought about our
independence, freed the slaves and preserved the Union, and liberated millions from Nazism,
fascism, and communism, and the great contributions that our veterans have made to society and
their community in times of peace; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests that the week following the Veterans' Day Holiday be annually
designated and observed as Veterans' History Week for the State of West Virginia; and, be it
Further Resolved, That in recognition of and to further the purposes of Veterans' History
Week, each public school is encouraged to provide instruction during Veterans' History Week on
veterans' history including the events and timeliness of the armed conflicts and wars our state and
nation have participated in, the contributions and sacrifices of specific veterans, and the many
contributions made by veterans to their communities following their service; and, be it
Further Resolved, That school administrators and teachers have flexibility in designing and
implementing veterans' history instruction on these topics by integrating them into the existing
school curriculum, holding school assemblies, inviting guest speakers or providing other school
activities; and, be it
Further Resolved, That state institutions of higher education are encouraged to conduct and
promote activities that provide education, awareness and understanding of veterans' history; and, be it
Further Resolved, That recognized resources for information, materials and speakers
regarding veterans' history that may assist with activities in the observance of Veterans' History
Week include, but are not limited to:
(1) Veterans organizations;
(2) Patriotic and descendant organizations;
(3) West Virginia Humanities Council;
(4) West Virginia Historical Society;
(5) West Virginia Division of Culture and History; and
(6) Any branch of service of the United States military; and, be it
Further Resolved, That the observance of Veterans' History Week is not intended to create
a burden, financial or otherwise, for public schools, teachers or state institutions of higher education;
and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the Governor, the State Superintendent of Schools and the respective Chancellors of the Higher
Education Policy Commission and the Council for Community and Technical College Education.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates McGeehan, Perdue, Manypenny, Doyle, Varner, Hall, C. Miller and
Shott:
H. B. 4565 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to implementing a requirement for the Public
Service Commission to report to the Joint Standing Committee on Government Organization"; to
the Committee on Government Organization then the Judiciary.
By Delegates Ireland, C. Miller, Longstreth, Manypenny, Romine and Hamilton:
H. B. 4566 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §37-16-1, §37-16-2, §37-16-3, §37-16-4, §37-16-5 and §37-16-6,
all relating to providing guidelines for an appropriate relationship between oil and gas extractors and
the owners of surface rights and mineral interests"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then the Judiciary.
By Delegates Moye, Rodighiero, Stephens, Staggers and D. Walker:
H. B. 4567 - "A Bill to repeal §5F-2-7 of the Code of West Virginia, 1931, as amended,
relating to repealing the authority to involuntary transfer employees"; to the Committee on
Government Organization then the Judiciary.
By Delegate Boggs:
H. B. 4568 - "A Bill to amend and reenact §5A-8-20 of the Code of West Virginia, 1931,
as amended, relating to the creation of preservation duplicates of state records and destruction of the
original records; and authorizing the use of additional medium for use in archiving the records"; to
the Committee on the Judiciary.
By Delegate Susman:
H. B. 4569 - "A Bill to amend and reenact §16-29B-19 of the Code of West Virginia, 1931,
as amended, all relating to reviewing the rates of all stand alone rehabilitation hospitals and
developing and implementing a rate methodology that limits excess revenue over expenses after taxes"; to the Committee on Health and Human Resources then Finance.
By Delegates Manchin, Doyle, Stowers, Klempa, Crosier, Martin, Staggers and Caputo:
H. B. 4570 - "A Bill to amend and reenact §31-15A-16 of the Code of West Virginia, 1931,
as amended, relating to dedication of severance tax proceeds; specifying a minimum share of coalbed
methane severance tax revenue to be distributed to producing counties in an amount at least equal
to the share received by nonproducing counties; specifying the distribution method for severance tax
revenues for coalbed methane producing and nonproducing counties; and specifying computation";
to the Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
By Delegate Ashley:
H. B. 4571 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5, all relating
to creating the Abortion Complication Reporting Act; requiring physicians to file regular reports
with the Department of Health and Human Resources regarding patients who require medical
treatment as a result of an abortion; and providing criminal penalties for violation"; to the Committee
on Health and Human Resources then the Judiciary.
By Delegates Rodighiero, Reynolds and Eldridge:
H. B. 4572 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2L-1, §16-2L-2 and §16-2L-3, all relating to directing the
Department of Health and Human Resources and the state Board of Pharmacy to implement a pilot
program through which unused prescription drugs, other than opiates, can be transferred from
nursing home facilities to pharmacies owned by local health departments or county pharmacies for the purpose of distributing medication to indigent people"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Michael, Staggers, Craig, Cann, Perry, Morgan and Crosier:
H. B. 4573 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §37-12-3, relating to exempting licensed surveyors from liability
for defamation or slander of title when performing their professional duties; and providing an
exception"; to the Committee on the Judiciary.
By Delegates Manchin, Caputo, Martin, Staggers and Eldridge:
H. B. 4574 - "A Bill to amend and reenact §16-13D-1, §16-13D-2, §16-13D-6 and
§16-13D-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
two new sections, designated §16-13D-10a and §16-13D-10b; to amend and reenact §16-13D-15 of
said code; to amend said code by adding thereto four new sections, designated §16-13D-15a,
§16-13D-15b, §16-13D-15c and §16-13D-15d; and to amend and reenact §24-2-3 and §24-2-4b of
said code, all relating to authorizing regional water authorities, regional wastewater authorities and
regional water and wastewater authorities to provide for the joint maintenance of its participating
public agencies; authorizing regional water authorities, regional wastewater authorities and regional
water and wastewater authorities to own and merge with public service districts and municipalities;
extending service to unserved customers within its territory; establishing an ordinance procedure for
regional water authorities, regional wastewater authorities and regional water and wastewater
authorities; providing for certain oversight of regional water and wastewater authorities by the Public
Service Commission; authorizing regional water and wastewater authorities to establish rates and
charges, budgets, and audits; authorizing certain public agencies and regional water and wastewater authorities to install related infrastructure equipment; and defining terms"; to the Committee on
Government Organization then Finance.
By Delegates Porter, Butcher, Hamilton, Evans, Ireland, Shott, Romine, Frazier,
Sumner, Walters and Paxton:
H. B. 4575 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to the assessment of personal property; and exempting antique motor vehicles and
antique motorcycles from taxable personal property"; to the Committee on Roads and Transportation
then Finance.
By Delegates Sumner, Shott and Frazier:
H. B. 4576 - "A Bill to amend and reenact §17-16A-18 of the Code of West Virginia, 1931,
as amended, relating to terminating tolls on the West Virginia Turnpike before 2020"; to the
Committee on Roads and Transportation then Finance.
By Delegates Manypenny, Martin, Butcher, D. Poling, Canterbury, Stephens and
Morgan:
H. B. 4577 - "A Bill to amend and reenact §21-3C-10a and §21-3C-11 of the Code of West
Virginia, 1931, as amended, all relating to establishing four classes of licenses for elevator
mechanics; and creating a license for employees of historic hotel resorts"; to the Committee on
Government Organization.
By Delegates Staggers, Perry, Moye and M. Poling:
H. B. 4578 - "A Bill to amend and reenact §29A-5-1 of the Code of West Virginia, 1931,
as amended, relating to providing that hearing examiners conducting state agency administrative
hearings be selected from a panel of five hearing examiners by a process in which the state agency first strikes two hearing examiners and the respondent subsequently strikes two hearing examiners";
to the Committee on Government Organization then the Judiciary.
By Delegates Campbell, Stowers, Eldridge, Frazier and Manchin:
H. B. 4579 - "A Bill to amend and reenact §18-9A-2, §18-9A-4, §18-9A-10, §18-9A-11,
§18-9A-13b and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to the
school aid formula; reducing over two years from ninety percent to eighty, then to seventy percent
the amount of the regular levy deducted from county boards of education for general current expense
purposes; providing that improved instructional programs receive at least $33 million annually;
providing at least $5 million to the State Board of Education to assist low performing schools;
providing the capture of moneys from declining enrollment and directing those moneys to the
salaries of classroom teachers and service personnel; and requiring at least $8 million in annual
appropriations for alternative education programs"; to the Committee on Education then Finance.
By Delegates Fleischauer, Beach, Talbott, Brown, Manypenny, M. Poling, Staggers,
Hatfield, Susman, Guthrie and Hunt:
H. B. 4580 - "A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto thirteen new sections, designated §22-15A-
30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35, §22-15A-36, §22-15A-37,
§22-15A-38, §22-15A-39, §22-15A-40, §22-15A-41 and §22-15A-42, all relating to establishing a
returnable beverage container deposit program"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Miley, Perdue, Hunt, Brown, Caputo, White, Campbell,
Guthrie, Hutchins and Marshall:
H. B. 4581 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section,
designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18;
and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to
insurance coverage; and requiring coverage of spouses and dependents for pregnancy and
contraceptive services"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Campbell, Guthrie, Hatfield, Phillips, M. Poling, Kominar, White, Craig,
Marshall, Spencer and Mahan:
H. B. 4582 - "A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section, designated §5A-3-59, all
relating generally to small, women and minority-owned businesses"; to the Committee on Finance.
By Delegates Fleischauer, Shook, Marshall, Wooton, Hatfield, Fragale, Evans, Doyle,
Beach, Manchin and Campbell:
H. B. 4583 - "A Bill to amend and reenact §7-18-14 of the Code of West Virginia, 1931, as
amended, relating to permitting municipalities and counties to use proceeds from the hotel
occupancy tax to fund public libraries"; to the Committee on Political Subdivisions then Finance.
By Delegate Shook:
H. B. 4584 - "A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as
amended, relating to adding the tolling provision to direct claims against tortfeasors"; to the
Committee on the Judiciary.
By Delegates Eldridge, Stowers, Butcher, Stephens, Rodighiero, Longstreth, D. Poling,
Martin, Iaquinta, Shaver and Hall:
H. B. 4585 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designed §11-21-42a; and to amend said code by adding thereto a new section,
designed §11-24-12a, all relating to creating a tax credit for hiring veterans of the United States
Military"; to the Committee on Veterans' Affairs and Homeland Security then Finance.
By Delegates Butcher, Eldridge, Stowers, Rodighiero, Guthrie, Perdue, D. Walker,
Skaff and Hall:
H. B. 4586 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-7; to amend said code by adding thereto a new section,
designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-
26v, all relating to providing cost-of-- living adjustments for certain current and former public
employees generally; providing a $1,200 cost-of-living adjustment to be paid in full by June 30,
2010; providing for selection of payment date by State Auditor; requiring payment of the cost-of-
living adjustments upon authorization; providing for transfer and expenditure of funding
appropriated to State Budget Office to spending units and county boards of education for payment
of the cost-of-living adjustments; defining terms; providing for $1,200 cost-of-living adjustment to
certain retirees of the Public Employees Retirement System and the State Teachers Retirement
System by June 30, 2010; and providing for the pro rata distribution of the cost-of-living adjustment
to certain beneficiaries"; to the Committee on Pensions and Retirement then Finance.
By Delegates Rodighiero, Eldridge, Stowers and Butcher:
H. B. 4587 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as
amended, relating to freezing employee premiums at the current level until July 1, 2013"; to the
Committee on Government Organization then Finance.
By Delegates Fleischauer, Miley, Marshall, Beach, Shook, Susman, Varner, Fragale, Frazier, Hamilton and Moore:
H. B. 4588 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §12-7A-1 and §12-7A-2, all relating to the creation of the 2010
West Virginia Job Promotion, Evaluation and Reporting Act; providing legislative findings;
requiring complete evaluation of job promotion programs; requiring report on remaining stimulus
funds; and requiring new transparency and accountability requirements for job promotion programs";
to the Committee on Energy, Industry and Labor, Economic Development and Small Business then
the Judiciary.
By Delegates Iaquinta, Longstreth, Duke, Ellem and Frazier
[By Request of the Secretary of State's Office]:
H. B. 4589 - "A Bill to amend and reenact §3-3-2, §3-3-2b, §3-3-5 and §3-3-11 of the Code
of West Virginia, 1931, as amended; to amend and reenact §3-4-10 of said code; and to amend and
reenact §3-5-13 of said code, all relating to conforming the appropriate sections to the requirements
of the Military and Overseas Voter Empowerment Act of 2009"; to the Committee on the Judiciary.
By Delegates White, Campbell, Mahan and Varner
[By Request of the Secretary of State's Office]:
H. B. 4590 - "A Bill to amend and reenact §31B-2-203 and §31B-2-211 of the Code of West
Virginia, 1931, as amended; to amend and reenact §31B-10-1002 of said code; to amend and reenact
§31D-2-202 of said code; to amend and reenact §31D-15-1503 of said code; to amend and reenact
§31E-2-202 of said code; to amend and reenact §31E-14-1403 of said code; to amend and reenact
§47-9A-2 and §47-9A-3 of said code; to amend and reenact §47B-10-1 and §47B-10-4 of said code,
all relating to enacting consistency of filing deadlines for all organizations filing annual reports with the Secretary of State and collection of email addresses for informational notices"; to the Committee
on the Judiciary.
By Delegates Rodighiero, Hunt, Perdue, Hatfield, Guthrie, Boggs, Morgan, Miley,
White, M. Poling and Fragale:
H. B. 4591 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section,
designated §9-5-21; and to amend said code by adding thereto a new section, designated §33-16-3v,
all relating to requiring health insurance coverage for autism spectrum disorders; setting forth the
types of coverage required; requiring medical services to be provided on a nondiscriminatory basis;
and defining terms"; to the Committee on Banking and Insurance then Finance.
By Delegates Armstead and White:
H. B. 4592 - "A Bill to amend and reenact §8-15-8a and §8-15-8b of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-15-
8d; and to amend and reenact §12-4-14 of said code, all relating to volunteer and part volunteer fire
companies and departments; eligibility for allocations from the Municipal Pensions and Protection
Fund or the Fire Protection Fund; authorized expenditures of moneys from the Municipal Pensions
and Protection Fund or the Fire Protection Fund; sworn statement of annual expenditures or report
requirements; allocation of Municipal Pensions and Protection Fund or the Fire Protection Fund
moneys upon noncompliance or decertification; and penalties for filing a fraudulent sworn statement
of expenditures or report"; to the Committee on Political Subdivisions then Finance.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
H. C. R. 12, The "Private Archie A. 'Whack' Jordan Memorial Bridge",
H. C. R. 18, The "Sgt. Richard W. Griffith Memorial Bridge",
H. C. R. 45, The "Robert L. McAtee, Sr. Memorial Bridge",
H. C. R. 50, Requesting the Joint Committee on Government and Finance study the burden
of taxes and fees imposed by the State of West Virginia upon the coal industry,
H. C. R. 53, The "Fletcher Brothers Memorial Bridge",
And,
H. C. R. 54, The "William H. Sanders II Memorial Highway".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 2050, Expanding the counties covered by West Virginia Route 2 and
Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number
of members; 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. 53),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2050) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 54), and there were--yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2050) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4212, Requiring PSC update railroad walkway safety regulations; 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. 55),
and there were--yeas 88, nays 6, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Craig, Kominar, Michael, Reynolds, Schoen and Walters.
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4212) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4277, Authorizing the Secretary of the Department of Environmental Protection to
issue National Pollutant Discharge Elimination System permits; 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. 56),
and there were--yeas 92, nays 2, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Shook and Wooton.
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4277) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4354, Relating to conditions and arrests in domestic violence matters;
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. 57),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4354) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4361, Removing provisions prohibiting sharing domestic violence information with
other governments; 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. 58),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4361) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4416, Declaring certain claims against the state and its agencies to be moral obligations
of the state and directing payments thereof; 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. 59),
and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4416) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
S. B. 391, Relating to county board of education members' eligibility; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
H. B. 4245, Relating to county board of education, eligibility of members and training
requirements; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
Com. Sub. for H. B. 4187, Continuing the current hazardous waste management fee until
2015; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
Com. Sub. for H. B. 4208, Requiring a landlord to give at least thirty days written notice to
a tenant when property being occupied by the tenant is being foreclosed upon; on second reading,
coming up in regular order, was read a second time.
On motion of Delegate Boggs, the bill (Com. Sub. for H. B. 4208) was then recommitted to
the Committee on the Judiciary.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4145, Providing services and facilities to assist student veterans at state
institutions of higher education,
Com. Sub. for H. B. 4298, Exempting certain employers and employees from the
requirements of the insurance provisions of chapter thirty-three of this code,
And,
Com. Sub. for H. B. 4299, Providing that nonstate retired employees who have worked for
their last nonstate employer for less than five years are responsible for their entire premium cost.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Barker, Doyle, Fleischauer, Mahan and Varner.
At 12:06 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 22,
2010.