__________*__________




Wednesday, January 19, 2011

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 Tuesday, January 18, 2011, 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. 2370, Removing the Commissioner of the Bureau for Public Health from professional licensure boards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2370 - "A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-16-4 of said code; and to amend and reenact §30-26-3 of said code, all relating to boards; changing the membership of boards; removing the Commissioner of the Bureau for Public Health from certain boards; removing the requirement that the commissioner provide support to certain boards; and updating the name of certain boards,"
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. 2498, Relating to the practice of dentistry,
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. 2498) 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. 2503, Relating to licensure requirements,
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. 2503) was referred to the Committee on the Judiciary.
Messages from the Executive

The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
January 14, 2011
The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305
The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305
Gentlemen:
In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of all of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study. Copies of the remainder of the proposed legislative rules will be submitted by the statutory deadline.
Also, attached is a report listing the majority of the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. An amended report, containing all of the proposed legislative rules considered by the Committee, will be submitted by the statutory deadline. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.
In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that the names of all Committee members be placed upon the draft bills as sponsors in their respective houses, except for those members who specifically request otherwise. Attached is a list of the Committee members.
Thank you for your cooperation.
Sincerely,
Joseph Minard
Senate
Bonnie Brown
House of Delegates
Whereupon,
Mr. Speaker, Mr. Thompson, presented the report of the Legislative Rule-making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:
January 14, 2011

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified, as modified and amended, or as amended has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.
The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:
Agriculture, WV Department of

Inspection of Meat and Poultry, 61CSR16 [H. B. 2568].

Agriculture, WV Department of

General Groundwater Protection Rules for Fertilizers and Manures, 61CSR6C [H. B. 2569].

Barbers and Cosmetologists, WV Board of

Schedule of Fees, 3CSR6 [H. B. 2570].

Consolidated Public Retirement Board

General Provisions, 162CSR1 [H. B. 2571].

Consolidated Public Retirement Board

Teachers' Defined Contribution System, 162CSR3 [H. B. 2572].

Consolidated Public Retirement Board

Public Employees Retirement System, 162CSR5 [H. B. 2573].

Consolidated Public Retirement Board

Refund, Reinstatement, Retroactive Service, Loan and Employer Error Interest Factors, 162CSR7 [H. B. 2574].

Consolidated Public Retirement Board

West Virginia State Police, 162CSR9 [H. B. 2575].

DEP - Air Quality

Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 2576].

DEP - Air Quality

Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment, 45CSR19 [H. B. 2577].

DEP - Air Quality

Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities, 45CSR25 [H. B. 2578].

DEP - Air Quality

Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 2579].

DEP - Air Quality

Ambient Air Quality Standards, 45CSR8 [H. B. 2580].

DEP - Water Resources, Office of

Requirements Governing Water Quality Standards, 47CSR2 [H. B. 2581].

Health, WV Bureau for Public

Specialized Multipatient Medical Transport, 64CSR29 [H. B. 2582].

Health, WV Bureau for Public

Public Water Systems, 64CSR3 [H. B. 2583].

Health, WV Bureau for Public

Fire Department Rapid Response Services Licensure, 64CSR44 [H. B. 2584].

Health, WV Bureau for Public

Cancer Registry, 64CSR68 [H. B. 2585].

Highways, WV Division of

Use of State Road Rights of Way and Adjacent Areas, 157CSR6 [H. B. 2586].

Highways, WV Division of

Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7 [H. B. 2587].

Insurance Commission, WV

Suitability in Annuity Transactions, 114CSR11B [H. B. 2588].

Insurance Commission, WV

Actuarial Opinion and Memorandum Rule, 114CSR41 [H. B. 2589].

Insurance Commission, WV

Credit Personal Property, 114CSR61 [H. B. 2590].

Insurance Commission, WV

Valuation of Life Insurance Companies, 114CSR68 [H. B. 2591].

Insurance Commission, WV

Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities, 114CSR69A [H. B. 2592].

Insurance Commission, WV

Professional Employer Organizations, 114CSR85 [H. B. 2593].

Insurance Commission, WV

Health Maintenance Organization Point of Service Option, 114CSR91 [H. B. 2594].

Motor Vehicles, WV Division of

Motor Vehicle Inspection Manual, 91CSR12 [H. B. 2647].

Natural Resources, WV Division of

Prohibitions when Hunting and Trapping, 58CSR47 [H. B. 2595].

Natural Resources, WV Division of

General Hunting, 58CSR49 [H. B. 2596].

Pharmacy, WV Board of

Board of Pharmacy Rules Regarding Licensure and the Practice of Pharmacy, 15CSR1 [H. B. 2597].

Pharmacy, WV Board of

Controlled Substances Monitoring, 15CSR [H. B. 2598].

Physical Therapy, WV Board of

Fees for Physical Therapist and Physical Therapist Assistant, 16CSR4 [H. B. 2591].

Sanitarians, State Board of

Interim Fee Schedule, 20CSR3 [H. B. 2600].

Sanitarians, State Board of

Rules Governing the Practice of Public Health Sanitation, 20CSR4 [H. B. 2601].

Secretary of State

Combined Voter Registration and Driver Licensing Fund, 153CSR25 [H. B. 2602].

State Rail Authority - Department of Transportation

Valuation of Used Rolling Stock and Equipment, 172CSR2 [H. B. 2603].

Tax Department, WV State

Exchange of Information Agreement Between the State Tax Department and the West Virginia Lottery, 110CSR50E [H. B. 2604].

The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:
Agriculture, WV Department of

West Virginia Apiary Rule, 61CSR2 [H. B. 2605].

Barbers and Cosmetologists, WV Board of

Procedures, Criteria and Curricula for Examination and Licensure of Barbers, Cosmetologists, Manicurists and Aestheticians, 3CSR1 [H. B. 2606].

Barbers and Cosmetologists, WV Board of

Qualifications, Training, Examination of Licensure of Instructors, 3CSR2 [H. B. 2607].

Barbers and Cosmetologists, WV Board of

Operational Standards for Schools of Barbering and Beauty Culture, 3CSR4 [H. B. 2608].

DEP - Waste Management, Office of

Hazardous Waste Management System, 33CSR20 [H. B. 2609].

DEP - Water & Waste Management, Office of

Monitoring Well Design Standards, 47CSR60 [H. B. 2610].

DEP - Water Resources, Office of

Requirements Governing Groundwater Standards, 47CSR12 [H. B. 2611].

Ethics Commission, WV

Forms, 158CSR20 [H. B. 2612].

Governor's Committee on Crime Delinquency and Correction

Protocol for Law Enforcement Response to Domestic Violence, 149CSR3 [H. B. 2613].

Governor's Committee on Crime, Delinquency and Correction

Law Enforcement Training Standard, 149CSR2 [H. B. 2614].

Health and Human Resources, WV Department of

Requirements for Licensure of Nonprofit Corporations for Conservator Service, 64CSR99 [H. B. 2615].

Health Care Authority, WV

Certificate of Need Rule, 65CSR7 [H. B. 2616].

Health, WV Bureau for Public

Food Manufacturing Facilities, 64CSR43 [H. B. 2617].

Health, WV Bureau for Public

Maternal Risk Screening, 64CSR97 [H. B. 2618].

Highways, WV Division of

Community Empowerment Transportation Act Program, 157CSR10 [H. B. 2619].

Insurance Commission, WV

Insurance Adjusters, 114CSR25 [H. B. 2620].

Insurance Commission, WV

Long-Term Care Insurance, 114CSR32 [H. B. 2621].

Insurance Commission, WV

Property and Casualty Actuarial Opinion, 114CSR41A [H. B. 2622].

Insurance Commission, WV

Credit Life Insurance, Credit Accident and Sickness Insurance, and Credit Unemployment Insurance, 114CSR6 [H. B. 2623].

Insurance Commission, WV

Self-Insurance Pools for Political Subdivisions, 114CSR65 [H. B. 2624].

Labor, WV Division of

Elevator Safety Act, 42CSR21 [H. B. 2625].

Labor, WV Division of

Supervision of Elevator Mechanics and Apprentices, 42CSR21A [H. B. 2626].

Labor, WV Division of

Crane Operator Certification Act, 42CSR24 [H. B. 2627].

Labor, WV Division of

Crane Operator Certification Act - Practical Examination, 42CSR25 [H. B. 2628].

Natural Resources, WV Division of

Special Motorboating Regulations, 58CSR27 [H. B. 2629].

Optometry, WV Board of

Rules of the West Virginia Board of Optometry, 14CSR1 [H. B. 2630].

Optometry, WV Board of

Continuing Education, 14CSR10 [H. B. 2631].

Optometry, WV Board of

Schedule of Fees, 14CSR5 [H. B. 2632].

Optometry, WV Board of

Examination and Scoring Policy, 14CSR6 [H. B. 2633].

Optometry, WV Board of

Licensure By Endorsement, 14CSR8 [H. B. 2634].

Optometry, WV Board of

Contact Lenses That Contain and Deliver Pharmaceutical Agents Certificate, 14CSR9 [H. B. 2635].

Osteopathy, WV Board of

Osteopathic Physician Assistants, 24CSR2 [H. B. 2636].

Osteopathy, WV Board of

Fees for Services Rendered by the Board of Osteopathy, 24CSR5 [H. B. 2637].

Physical Therapy, WV Board of

General Provisions, 16CSR1 [H. B. 2638].

Physical Therapy, WV Board of

General Provisions for Athletic Trainers, 16CSR5 [H. B. 2639].

Physical Therapy, WV Board of

Fees for Athletic Trainers, 16CSR6 [H. B. 2640].

Tax Department, WV State

Commercial Patent Incentives Tax Credit, 110CSR13Q [H. B. 2641].

Tax Department, WV State

Exchange of Information Agreement Between the State Tax Department and the Office of the State Fire Marshal, 110CSR50F [H. B. 2642].

Veterinary Medicine, WV Board of

Organization and Operation and Licensing of Veterinarians, 26CSR1 [H. B. 2643].

Veterinary Medicine, WV Board of

Registration of Veterinary Technicians, 26CSR3 [H. B. 2644].

Veterinary Medicine, WV Board of

Standards of Practice, 26CSR4 [H. B. 2645].

Veterinary Medicine, WV Board of

Certified Animal Euthanasia Technicians, 26CSR5 [H. B. 2646].

Veterinary Medicine, WV Board of

Schedule of Fees, 26CSR6 [H. B. 2566].

WorkForce West Virginia

Rule for Employer Violator System, 96CSR3 [H. B. 2567].

Sincerely,
Joseph Minard
Senate
Bonnie Brown
House of Delegates
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:
H. B. 2001, Providing that inmates serving life sentences shall be considered for parole only once every three years.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"ARTICLE 12. PROBATION AND PAROLE.
§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.
(a) The board of parole, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations hereinafter provided, shall release any inmate on parole for terms and upon conditions as are provided by this article.
(b) Any inmate of a state correctional center is eligible for parole if he or she:
(1)(A) Has served the minimum term of his or her indeterminate sentence or has served one fourth of his or her definite term sentence, as the case may be; or
(B) He or she:
(i) Has applied for and been accepted by the Commissioner of Corrections into an accelerated parole program;
(ii) Does not have a prior criminal conviction for a felony crime of violence against the person, a felony offense involving the use of a firearm, or a felony offense where the victim was a minor child;
(iii) Has no record of institutional disciplinary rule violations for a period of one hundred twenty days prior to parole consideration unless the requirement is waived by the commissioner;
(iv) Is not serving a sentence for a crime of violence against the person, or more than one felony for a controlled substance offense for which the inmate is serving a consecutive sentence, a felony offense involving the use of a firearm, or a felony offence where the victim was a minor child; and
(v) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and needs assessment.
(I) As used in this paragraph section 'felony crime of violence against the person' means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code;
and
(II) As used in this paragraph section 'felony offense where the victim was a minor child' means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.
(C) Notwithstanding any provision of this code to the contrary, any person who committed, or attempted to commit a felony with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of three years of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any person who committed, or attempted to commit, any violation of section twelve, article two, chapter sixty-one of this code, with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is greater. Nothing in this section paragraph applies to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. A person is not ineligible for parole under the provisions of this subdivision paragraph because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm unless that fact is clearly stated and included in the indictment or presentment by which the person was charged and was either: (i) Found by the court at the time of trial upon a plea of guilty or nolo contendere; or (ii) found by the jury, upon submitting to the jury a special interrogatory for such purpose if the matter was tried before a jury; (iii) found by the court, if the matter was tried by the court without a jury.
For the purpose of this section, the term 'firearm' means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
(D) The amendments to this subsection adopted in the year 1981:
(i) Apply to all applicable offenses occurring on or after August 1 of that year;
(ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective of when the offense occurred;
(iii) Apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state gives notice in writing of its intent to seek such finding by the jury or court, as the case may be, which notice shall state with particularity the grounds upon which the finding will be sought as fully as such grounds are otherwise required to be stated in an indictment, unless the grounds therefor are alleged in the indictment or presentment upon which the matter is being tried; and
(iv) Does not apply with respect to cases not affected by the amendments and in such cases the prior provisions of this section apply and are construed without reference to the amendments.
(1) Insofar as the amendments relate to mandatory sentences restricting the eligibility for parole, all matters requiring a mandatory sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court;
(2) Is not in punitive segregation or administrative segregation as a result of disciplinary action;
(3) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of his or her release on parole;
(4) Has prepared and submitted to the board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment. The Commissioner of Corrections or his or her designee shall review the plan to be reviewed and investigated and provide recommendations to the board as to the suitability of the plan: Provided, That in cases in which there is a mandatory thirty-day notification period required prior to the release of the inmate, pursuant to section twenty-three of this article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the board does not believe parole should be denied, it may defer a final decision pending completion of an investigation and receipt of recommendations. Upon receipt of the plan together with the investigation and recommendation, the board, through a panel, shall make a final decision regarding the granting or denial of parole; and
(5) Has satisfied the board that if released on parole he or she will not constitute a danger to the community.
(c) Except in the case of a person serving a life sentence, no person who has been previously twice convicted of a felony may be released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted. A person sentenced for life may not be paroled until he or she has served ten years, and a person sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served fifteen years: Provided, That a person convicted of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.
(d) In the case of a person sentenced to any state correctional center, it is the duty of the board, as soon as a person becomes eligible, to consider the advisability of his or her release on parole.
(e) If, upon consideration, parole is denied, the board shall promptly notify the inmate of the denial. The board shall, at the time of denial, notify the person inmate of the month and year he or she may apply for reconsideration and review. The board shall at least once a year reconsider and review the case of every inmate who was denied parole and is still eligible: Provided, That the board may reconsider and review parole eligibility anytime within three years following the denial of parole of an inmate serving a life sentence with the possibility of parole: Provided, however, That any person convicted prior to July 10, 1997, or from January 1, 2011, to the effective date of the amendment to this section enacted by the Legislature during the 2011 regular session, of any offense for which he or she received a life sentence with the possibility of parole shall be entitled to an annual review and reconsideration after an initial denial of parole unless the board makes a case-specific individualized determination with written findings as to why there will be no detriment or disadvantage to the person if reconsideration for parole is extended: Provided further, That under no circumstances shall such extension be more than three years: And provided further, That any inmate receiving a review period of more than one year shall be afforded the opportunity to submit information for the board's consideration requesting review before the expiration of the extended period.
(f) Any person serving a sentence on a felony conviction who becomes eligible for parole consideration prior to being transferred to a state correctional center may make written application for parole. The terms and conditions for parole consideration established by this article apply to such inmates.
(g) The board shall, with the approval of the Governor, adopt rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted hereunder are intended or may be construed to contravene, limit or otherwise interfere with or affect the authority of the Governor to grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive clemency.
(h) The Division of Corrections shall promulgate policies and procedures for developing a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment. The policies and procedures shall include, but not be limited to, policy and procedures for screening and selecting inmates for rehabilitation treatment and development and use of standardized risk and needs assessment tools. An inmate shall not be paroled solely due to having successfully completed a rehabilitation treatment plan but completion of all the requirements of a rehabilitation parole plan along with compliance with the requirements of subsection (b) of this section shall create a rebuttable presumption that parole is appropriate. The presumption created by this subsection may be rebutted by a Parole Board finding that at the time parole release is sought the inmate still constitutes a reasonable risk to the safety or property of other persons if released. Nothing in subsection (b) of this section or in this subsection may be construed to create a right to parole.
(i) Notwithstanding the provisions of subsection (b) of this section, the Parole Board may, in its discretion, grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection shall preclude consideration for a period of one year or until the provisions of subsection (b) of this section are applicable.
(j) Where an inmate is otherwise eligible for parole pursuant to subsection (b) of this section but the Parole Board determines that the inmate should participate in an additional program or complete an assigned task or tasks prior to actual release on parole, the board may grant parole contingently, effective upon successful completion of the program or assigned task or tasks, without the need for a further hearing. The Commissioner of Corrections shall provide notice to the Parole Board of the imminent release of a contingently paroled inmate to effectuate appropriate supervision.
(k) The Division of Corrections is charged with the duty of supervising all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the uniform act for out-of-state parolee supervision.
(l)(1) When considering an inmate of a state correctional center for release on parole, the Parole Board panel considering the parole is to have before it an authentic copy of or report on the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice or other reliable criminal information sources and written reports of the warden or superintendent of the state correctional center to which the inmate is sentenced:
(A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered therefor;
(B) On improvement or other changes noted in the inmate's mental and moral condition while in custody, including a statement expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the prosecuting attorney who prosecuted him or her, toward the policeman or other officer who arrested the inmate and toward the crime for which he or she is under sentence and his or her previous criminal record;
(C) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves prison;
(D) On physical, mental and psychiatric examinations of the inmate conducted, insofar as practicable, within the two months next preceding parole consideration by the board.
(2) The board panel considering the parole may waive the requirement of any report when not available or not applicable as to any inmate considered for parole but, in every such case, shall enter in the record thereof its reason for the waiver: Provided, That in the case of an inmate who is incarcerated because the inmate has been found guilty of, or has pleaded guilty to a felony under the provisions of section twelve, article eight, chapter sixty-one of this code or under the provisions of article eight-b or eight-c of said chapter, the board panel may not waive the report required by this subsection and the report is to include a study and diagnosis including an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program: Provided, however, That nothing disclosed by the person during the study or diagnosis may be made available to any law-enforcement agency, or other party without that person's consent, or admissible in any court of this state, unless the information disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress reports of outpatient treatment are to be made at least every six months to the parole officer supervising the person. In addition, in such cases, the Parole Board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the prosecuting attorney inform the Parole Board of the circumstances surrounding a conviction or plea of guilty, plea bargaining and other background information that might be useful in its deliberations.
(m) Before releasing any inmate on parole, the board of parole shall arrange for the inmate to appear in person before a Parole Board panel and the panel may examine and interrogate him or her on any matters pertaining to his or her parole, including reports before the board made pursuant to the provisions hereof: Provided, That an inmate may appear by video teleconference if the members of the panel conducting the examination are able to contemporaneously see the inmate and hear all of his or her remarks and if the inmate is able to contemporaneously see each of the members of the panel conducting the examination and hear all of the members' remarks. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on parole and the majority of the panel considering the release shall concur in the decision. The warden or superintendent shall furnish all necessary assistance and cooperate to the fullest extent with the Parole Board. All information, records and reports received by the board are to be kept on permanent file.
(n) The board and its designated agents are at all times to have access to inmates imprisoned in any state correctional center or in any jail in this state and may obtain any information or aid necessary to the performance of its duties from other departments and agencies of the state or from any political subdivision thereof.
(o) The board shall, if so requested by the Governor, investigate and consider all applications for pardon, reprieve or commutation and shall make recommendation thereon to the Governor.
(p) Prior to making a recommendation for pardon, reprieve or commutation and prior to releasing any inmate on parole, the board shall notify the sentencing judge and prosecuting attorney at least ten days before the recommendation or parole.
(q) Any person released on parole shall participate as a condition of parole in the litter control program of the county to the extent directed by the board, unless the board specifically finds that this alternative service would be inappropriate.
(r) Except for the amendments to this section contained in subdivision (4), subsection (b) and subsection (i) of this section the amendments to this section enacted during the 2010 regular session of the Legislature shall become effective on January 1, 2011."
And by amending the title of the bill to read as follows:
H. B. 2001 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia 1931, as amended, relating to powers and duties of the Board of Parole generally; providing that Board of Parole may reconsider and review parole eligibility anytime within three years following the denial of parole of an inmate serving a life sentence with the possibility of parole; creating exceptions for certain inmates; and establishing mandatory criteria for the board when extending period between parole reconsideration and review for inmates convicted at a time when annual review was required."
On motion of Delegate Boggs, the House refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Resolutions Introduced

Delegate Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 18 - "Requesting the Division of Highways to name the bridge on County Rt. 23/ near Walkersville in Lewis County, bridge number 21-23/-8.17, as the 'SP4 Loyd Eugene Robinson Memorial Bridge'."
Whereas, SP4 Loyd Eugene Robinson was born on February 17, 1950, near Roanoke in Lewis County, died on June 11, 1971 in Binh Dhin, South Viet Nam by hostile fire and was a member of the elite group of special forces, C Co, 75th Infantry, 173rd Airborne, BDE Rangers; and
Whereas, SP4 Loyd Eugene Robinson attended schools in Lewis County throughout his youth, graduating from Lewis County High School in the class of 1969, where he competed and lettered in track and wrestling; and
Whereas, SP4 Loyd Eugene Robinson sought to follow the example of his five older brothers, Tom, Roy, Branty, Jim and Roscoe and became a member of the Armed Forces, performing his duty for country and home by serving in the Army of the United States, earning the rank of Specialist Four; and
Whereas, SP4 Loyd Eugene Robinson, was the recipient of the honorable ARMY COMMENDATION MEDAL for the performance of exceptionally meritorious service in Vietnam from November 1970 to June 1971; and
Whereas, SP4 Loyd Eugene Robinson, was awarded the PURPLE HEART by the President of the United States for wounds received in action; and
Whereas, SP4 Loyd Eugene Robinson, was a kind and giving young man who loved his family, his community, his school and his nation; and
Whereas, SP4 Loyd Eugene Robinson, ultimately gave his rich, young life in the performance of his duty to country during which the Secretary of the Army describes him as displaying outstanding professional competence and devotion to duty and as reflecting great credit upon himself, his unit and the military service; and
Whereas, It is fitting to honor SP4 Loyd Eugene Robinson for his service and for the gift of his young, exemplary life in the service of this nation; and
Whereas, The naming of a bridge in honor of SP4 Loyd Eugene Robinson is but a small gesture of gratitude and appreciation for the sacrifice made by this young man and suffered by his family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on County Rt. 23/ near Walkersville in Lewis County, bridge number 21-23/-8.17, as the "SP4 Loyd Eugene Robinson 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 "SP4 Loyd Eugene Robinson Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation; to Mr. Robinson's sisters, Lena Rose Nissel, Grace Belle Alderman, Nettie Gregory, Betty Mitchell, Hazel Blake and Katy Craig; to his surviving brothers, Jim Robinson, Roscoe Robinson and Johnny Robinson; and to next of kin of his deceased brothers, Thomas Robinson, Roy Curtis Robinson, and Paul Branty Robinson, if not already receiving a certified copy as a surviving sibling.
Delegates Barker, Butcher, Stowers and Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 19 - "Requesting the Division of Highways to name that portion of Route 85 in Van South to Van Park as the 'Capt. Jackie Lee Dickens, USAF, and PFC Kent Howell, USMC, Memorial Highway'."
Whereas, Capt. Jackie Lee Dickens was born on July 6, 1940, in Danville, West Virginia; and
Whereas, Capt. Jackie Lee Dickens served in the Air Force in South Vietnam and began his tour of duty on August 13, 1968; and
Whereas, Capt. Jackie Lee Dickens was killed in action on June 2, 1969;
Whereas, PFC Kent Howell was born on March 30, 1949, in Van, West Virginia;
Whereas, PFC Kent Howell served in the United States Marine Corps in South Vietnam;
Whereas, PFC Kent Howell was killed in action on September 29, 1968; and
Whereas, PF Kent Howell is survived by his brother Mitch Howell; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name that portion of Route 85 in Van South to Van Park as the "Capt. Jackie Lee Dickens, USAF, and PFC Kent Howell, USMC, Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs, identifying the roadways as the "Capt. Jackie Lee Dickens, USAF, and PFC Kent Howell, USMC, Memorial Highway"; and, be it
Further Resolved, That the House forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Mitch Howell.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Lane, Anderson, Armstead, Cowles, Duke, Evans, Kump, Overington, Romine, Sigler and Storch:

H. B. 2552 - "A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-10-2a, all relating to vacancy in the office of the Governor; providing for an election to fill the unexpired term; providing for a new primary election to nominate party candidates for the new general election; providing that the provisions of the law relating to elections shall apply to the new primary election unless inconsistent with section; modifying certain statutory time periods; directing new primary election to be held on May 14, 2011, and a new general election on August 6, 2011; modifying certain statutory time lines relating to declaration of candidacy and early voting for new elections; modifying procedures relating to payment of filing fees, drawing of ballot positions, selecting and training individuals working as election official; clarifying the eligibility of certain minors to vote in new primary election; modifying statutory provisions relating to minimum number of ballots to be printed; modifying publications requirements of sample ballots, lists of candidates, and public testing of voting machines; providing applications deadlines for absentee ballots and procedures for changing polling places; modifying procedures for persons without party affiliations to nominate candidates for the new general election; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the new primary election; requiring the state to pay costs incurred in connection with a new election to fill a vacancy in the office of Governor; requiring Secretary of State to report to Joint Committee on Government and Finance and establishing guidelines for the report; and providing for the expiration of the section"; to the Judiciary then Finance.
By Delegates Barker and Hall:

H. B. 2553 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-3-15a, relating to subjecting certain inmates that commit first degree murder to capital punishment"; to the Committee on the Judiciary then Finance.
By Delegates Howell, Canterbury, C. Miller, Sobonya, Ellem, Carmichael, Sumner, Duke, Kominar, White and R. Phillips:

H. B. 2554 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to creating the Intrastate Coal and Use Act; establishing that the environmental regulation of coal and certain coal products mined and used within the state are exclusively regulated by the West Virginia Department of Environmental Protection; stating the legislative authority; and defining terms"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Martin, Cann, Ferro, Cowles and Kominar:

H. B. 2555 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the misdemeanor offense of operating a motor vehicle while sending, reading or receiving a text message; providing exceptions; providing definitions; and establishing misdemeanor criminal penalties"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Perry, M. Poling, Shaver, Lawrence, Stowers, Moye, Romine and Duke:

H. B. 2556 - "A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to resetting the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post-retirement employment limit in certain circumstances; and requiring certain additional information to be reported to the Consolidated Retirement Board and the State Board of Education, and included in the state board's report to Legislative Oversight Commission on Education Accountability"; to the Committee on Education then Finance.
By Delegates M. Poling, Hamilton and Smith:

H. B. 2557 - "A Bill to extend the time for the Board of Education of Upshur County, West Virginia, to meet as a levying body for the purpose of submitting to the voters of that county an election on the question of the approval of a special levy for the payment of principal and interest on bond indebtedness authorized pursuant to Section 10, Article X of the West Virginia Constitution until the last day in May, 2011, that is not a Saturday, Sunday or legal holiday"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Mahan, Fleischauer, Brown, Fragale, Ferro, Ennis, Longstreth, Stowers, L. Phillips and Rowan:

H. B. 2558 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6, §49- 6F-7 and §49-6F-8, all relating to establishing the Office of Child Advocacy; defining terms; providing powers and duties of the Office of Child Advocacy; providing qualifications, term of office and salary of the director; granting authority for the director to hire staff; providing the director and staff of the Office of Child Advocacy to investigate and monitor the Division of Child Protective Services and Division of Juvenile Services; authorizing access by Office of Child Protective Services and certain Division of Corrections records and information; allowing communication with children involved in Child Protective Services investigations and in the custody of the Division of Juvenile Services; providing for confidentiality of certain information; and granting immunity to office from liability in specified circumstances"; to the Committee on the Judiciary then Finance.
By Delegates Ellem, D. Poling, Azinger, Anderson, Border, Hatfield, Staggers, Lawrence and C. Miller:

H. B. 2559 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-41A-1, §16-41A-2, §16-41A-3, §16-41A-4, §16-41A-5, §16- 41A-6, §16-41A-7, §16-41A-8 and §16-41A-9, all relating to establishing the Oral Health Pilot Program in the Mid-Ohio Valley Region; making legislative findings; creating the pilot program for two years; funding the program in the amount of $100,000 per year; setting forth the services to be provided; setting forth the fees to be paid to participating dentists; setting forth a sliding scale for the fees to be paid by clients; requiring reports be filed to the Governor and the Legislature; and defining terms"; to the Committee on Health and Human Resources then Finance.
By Delegates Perry, Stowers and Romine:

H. B. 2560 - "A Bill to amend and reenact §18A-2-1 of the Code of West Virginia, 1931, as amended, to amend and reenact §18A-4-7a of said code; and to amend and reenact §18A-5-8 of said code, all relating to the employment of personnel in public schools; providing for inclusion of school's faculty senate members on interview and recommendation process when employing professional and paraprofessional personnel at the school; authorizing ranking of preferences and reposting; authorizing nomination of prospective graduates for employment with conditions; revising criteria for judging qualifications affecting hiring of professional personnel; and changing date prior to instructional term after which professional personnel, autism mentors and certain aids, paraprofessionals and interpreters may not transfer to another position in county during instructional term, subject to certain conditions"; to the Committee on Education.
By Delegates Martin, Ferro, Barker, Cowles, C. Miller, Kominar and Swartzmiller:

H. B. 2561 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to establishment of the West Virginia Transportation Finance Commission; definitions; creating a governing board of the commission; appointment, terms, qualifications, compensation and expenses of board members; powers and duties of the commission; creating the West Virginia Transportation Finance Commission Fund; deposits and capitalization; disbursements; subaccounts; requirements for loans and other financial assistance from the commission; requirements for applications for loans and other financial assistance and for approval of qualified projects; finance agreements; payments and repayments of loans; withholding of defaulted payments from funds allotted or payable to a defaulting government unit; annual reports to Governor and Legislature; annual audits of the commission; and assistance of the Department of Transportation to the board"; to the Committee on Government Organization then Finance.
By Delegates Morgan, Stephens, Hartman, Manypenny, Martin, Staggers, Swartzmiller, Talbott and Azinger:

H. B. 2562 - "A Bill to repeal §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-4, §29-5A-5, §29-5A-6, §29-5A-7, §29-5A-8, §29-5A-9, §29-5A-10, §29-5A-11, §29-5A-12, §29-5A-13, §29-5A-14, §29-5A-15, §29-5A-16, §29-5A-17, §29-5A-18, §29-5A-19, §29-5A-20, §29-5A-21, §29-5A-22, §29-5A-23, §29-5A-24, §29-5A-25, §29-5A-25a, and §29-5A-26, of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend and reenact §11B-1-2 of said code; to amend code by adding thereto a new article designated §29-5-1, §29-5-2, §29-5-3, §29-5-4, §29-5-5, §29-5-6, §29-5-7, §29-5-8, §29-5-9, §29-5-10, §29-5-11, §29-5-12, §29-5-13, §29-5-14, §29-5-15, §29-5-16, §29-5-17 and §29-5-18; and to amend and reenact §29-22-5; all relating to the State Athletic Commission"; to the Committee on Government Organization then Finance.
By Delegates Perry, M. Poling, Shaver, Lawrence, Moye, Stowers, Romine and Duke:

H. B. 2563 - "A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931, as amended, relating to reimbursement of tuition, registration and other required fees for course work completed by teachers; removing priority for reimbursement for courses for additional endorsements in shortage areas and placing certain limits on number of courses per teacher eligible within certain time period and lifetime"; to the Committee on Education then Finance.
By Delegates Smith, Boggs, Miley, Walker, Skaff, Ennis, Moore, Poore, Fragale, M. Poling and White:

H. B. 2564 - "A Bill to amend §2-2-1a of the Code of West Virginia, 1931, as amended, relating to designating the first Thursday in May the West Virginia Day of Prayer"; to the Committee on Government Organization.
By Delegates Frazier, Miley, Brown, Caputo, Longstreth, Moore, Ellem, Hamilton and Sobonya:

H. B. 2565 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, and to amend and reenact §61-8-16 of said code, all relating to crimes using computers, telephones and electronic devices; creating offenses for the unlawful transmission of obscene, anonymous, harassing and threatening communications and data by mobile phone, personal digital assistant or other mobile device; clarifying provisions pertaining to the unlawful obscene, anonymous, harassing and threatening communications by traditional voice communication by telephone; creating a felony offense for certain repeat offenses using a computer, mobile phone or other mobile device; and establishing penalties"; to the Committee on the Judiciary then Finance.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2566 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2567 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing Workforce West Virginia to promulgate a legislative rule relating to the employer violator system"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2568 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2569 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to general groundwater protection rules for fertilizers and manures"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2570 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2571 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2572 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Contribution System"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2573 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2574 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2575 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2576 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2577 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2578 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2579 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2580 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2581 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2582 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to specialized multipatient medical transport"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2583 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2584 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fire department rapid response services licensure"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2585 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the cancer registry"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2586 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2587 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2588 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to suitability in annuity transactions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2589 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2590 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit personal property"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2591 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to the valuation of life insurance companies"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2592 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to the recognition of preferred mortality tables for use in determining minimum reserve liabilities"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2593 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2594 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to the health maintenance organization point of service option"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2595 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2596 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to general hunting"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2597 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2598 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Sobonya:

H. B. 2599 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees for physical therapists and physical therapist assistants"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2600 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Sanitarians to promulgate a legislative rule relating to an interim fee schedule"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2601 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2602 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the combined voter registration and driver licensing fund"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2603 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Transportation to promulgate a legislative rule relating to the valuation of used rolling stock and equipment"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2604 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the West Virginia Lottery"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2605 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to apiaries"; to the Committee on Agriculture then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2606 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2607 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the qualifications, training, examination of licensure of instructors"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2608 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operational standards for schools of barbering and beauty culture"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2609 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2610 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2611 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing groundwater standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2612 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to forms"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2613 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law enforcement response to domestic violence"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2614 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training standards"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2615 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the requirements for licensure of nonprofit corporations for conservator service"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2616 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Health Care Authority to promulgate a legislative rule relating to certificates of need"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2617 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to food manufacturing facilities"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2618 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to maternal risk screening"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2619 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the Community Empowerment Transportation Act Program"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2620 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance adjusters"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2621 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2622 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to property and casualty actuarial opinions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2623 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to credit life insurance, credit accident and sickness insurance and credit unemployment insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2624 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to self-insurance pools for political subdivisions"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2625 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2626 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to the supervision of elevator mechanics and apprentices"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2627 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to the Crane Operator Certification Act"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2628 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to the Crane Operator Certification Act - practical examination"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2629 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating regulations"; to the Committee on Natural Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2630 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to rules of the Board"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2631 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2632 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2633 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to an examination and scoring policy"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2634 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to licensure by endorsement"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2635 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to contact lenses that contain and deliver pharmaceutical agents certificates"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2636 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a legislative rule relating to osteopathic physician assistants"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2637 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a legislative rule relating to fees for services rendered by the Board"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2638 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate a legislative rule relating to general provisions"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2639 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate a legislative rule relating to general provisions for athletic trainers"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott and Sobonya:

H. B. 2640 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees for athletic trainers"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2641 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2642 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the Office of the State Fire Marshal"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2643 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization and operation and licensing of veterinarians"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2644 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2645 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to standards of practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2646 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians"; to the Committee on Government Organization then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2647 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the Motor Vehicle Inspection Manual"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Iaquinta, Anderson, M. Poling, Crosier and Fragale:

H. B. 2648 - "A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended, relating to increasing the faculty senate allotment for classroom teachers and librarians from $50 to $100, to be spent on academic materials, supplies or equipment to enhance instruction"; to the Committee on Education then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2464, Adding additional requirements to the Ethics Act; 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. 5), and there were--yeas 100, nays none, absent and not voting none.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2464) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Remarks of Members

Delegate Armstead addressed the House concerning the provisions of H. B. 2552, Providing for a new election to fill a vacancy in the Office of Governor, introduced today in earlier proceedings and at the conclusion of his remarks, Delegate Overington asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
At 11:33 a.m., the House of Delegates adjourned until 11:00 a.m., Thursday, January 20, 2011.