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Wednesday, February 2, 2011

TWENTY-SECOND 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, February 1, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced

Delegates Lawrence, Doyle, Azinger, Barill, Cann, Ennis, Ferns, Ferro, Hall, Hatfield, Manchin, Martin, Morgan, Moye, Paxton, Perry, R. Phillips, D. Poling, Rodighiero, Shaver, Skaff, Smith, Staggers, Sumner and Williams offered the following resolution, which was read by the Clerk as follows:
H. C. R. 34 - "Requesting the Legislature to proclaim that Groundhog Day, February 2, 2011, be celebrated as the first anniversary of the Eastern Panhandle Trailblazers and the birthday of the Eastern Panhandle Recreation Trail."
Whereas, The activities of walking, running and bicycling have profound and positive impacts on personal and social health, mobility, economic development, recreation and tourism for people of all ages, skill levels and economic circumstances; and
Whereas, A variety of convenient, safe and attractive trails is required to support walking, running and bicycling activities; and
Whereas, The variety of such trails to, from, within and across Jefferson, Berkeley and Morgan Counties is currently quite limited; and
Whereas, All citizens and governments within Jefferson, Berkeley and Morgan Counties, plus numerous other constituents and organizations within and beyond these borders, share an interest in improving walking, running and bicycling opportunities in this region; and
Whereas, West Virginia's Region 9 Planning and Development Council assisted in creating the Eastern Panhandle Trailblazers to facilitate trail development to, from, within and across Jefferson, Berkeley and Morgan Counties in order to improve walking, running and bicycling opportunities in this region; and
Whereas, The Eastern Panhandle Trailblazers has embraced the Eastern Panhandle Recreational Trail as its signature project. This trail anticipates a safe, attractive, uninterrupted pathway for walking, running and bicycling from Harpers Ferry, West Virginia, to Berkeley Springs, West Virginia, via Ranson, Martinsburg and Hedgesville, utilizing trails already constructed or planned along WV Route 9, the Raleigh Street Extension and Edwin Miller Boulevard with connecting spurs to the Potomac and Shenandoah Rivers and from Martinsburg to Shepherdstown; and
Whereas, This Eastern Panhandle Recreational Trail addresses the needs previously described, provides critical access to and from such nearby assets as the Appalachian Trail, the Tuscarora Trail, the Western Maryland Rail Trail, the C&O Canal Towpath, Fort Frederick, Harpers Ferry National Park, Antietam National Battlefield and the Potomac Heritage Trail, and provides the necessary backbone for local trail networks throughout Jefferson, Berkeley and Morgan Counties; and
Whereas, The Eastern Panhandle Trailblazers was formally organized on February 2, 2010; and
Whereas, The admirable efforts, accomplishments, goals and aspirations of the Eastern Panhandle Trailblazers should not go unnoticed and should affirmatively be celebrated; therefore, be it
Resolved by the Legislature of West Virginia:
That Groundhog Day, February 2, 2011, is hereby proclaimed and shall be celebrated as the first anniversary of the Eastern Panhandle Trailblazers and the birthday of the Eastern Panhandle Recreational Trail.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. C. R. 34) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Delegate Longstreth, Mr. Speaker, Mr. Thompson, and Delegates Azinger, Barill, Brown, Butcher, Cann, Caputo, Ferro, Frazier, Guthrie, Hamilton, Hatfield, Iaquinta, Ireland, Kominar, Mahan, Manchin, Manypenny, Marshall, Martin, Morgan, Paxton, Perdue, Perry, Pethtel, Staggers, Swartzmiller, Talbott, Walker and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 35 - "Expressing the sense of the Legislature that designating the annual observance of March 30 as 'West Virginia Vietnam Veterans Recognition Day' will increase the awareness and understanding of the contribution and sacrifice of the veterans of the Vietnam War to the state, nation and world."
Whereas, Vietnam Veterans have not received the recognition they so rightly deserve for serving our country so bravely; and
Whereas, Since their return from Vietnam, many veterans have been forgotten and left to fight serious illnesses on their own without help from the people these veterans fought to protect; and
Whereas, The Vietnam War was fought in Vietnam from 1961 to 1975 where more than 58,000 members of the United States Armed Forces lost their lives and more than 300,000 were wounded; and
Whereas, In honor of the 3,000 men and women of West Virginia who served in the Armed Forces in Vietnam during the conflict on behalf of the nation and in honor of the 749 West Virginians listed on the Vietnam Memorial Wall in Washington, DC and Charleston, West Virginia; and
Whereas, March 30, 1975 was the day the United States Armed Forces completed withdrawal of combat troops from Vietnam; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests March 30 be annually designated as "West Virginia Vietnam Veterans Recognition Day"; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the Chief Executive.
Delegates Lawrence, Doyle, Barill, Cann, Ennis, Ferns, Ferro, Hall, Hatfield, Manchin, Martin, Morgan, Moye, Pasdon, Perry, R. Phillips, D. Poling, Rodighiero, Shaver, Skaff, Smith, Staggers Sumner and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 36 - "Recognizing the economic importance of the annual Contemporary American Theater Festival in Shepherdstown to the town of Shepherdstown, Jefferson County and the State of West Virginia."
Whereas, The Contemporary American Theater Festival was founded in 1991 by Ed Herendeen and during its twenty-year history it has produced eighty new plays, thirty world premieres and commissioned eight new productions; and
Whereas, As a result of its rich history the Contemporary American Theater Festival has gained nationwide attention and is recognized as one of the significant arts organizations in the nation; and
Whereas, The Contemporary American Theater Festival attracts audiences from around the world and twenty-six states during its four-week festival held during the mid-summer in Shepherdstown on the grounds of Shepherdstown University; and
Whereas, Economic studies have demonstrated that visitors spend more money when attending cultural events than do local residents; and
Whereas, Sixty percent of the Contemporary American Theater Festival audience is from out of state and in 2008 over eleven thousand tickets to individual plays were sold and the average spent per audience member per ticket was $132; and
Whereas, The total economic impact of the Contemporary American Theater Festival to the economies of Shepherdstown, Jefferson County and the state is $3.2 million; and
Whereas, Patrons of the Contemporary American Theater Festival contribute $2.1 million and corporate and organizational contributions total $1.1 million; and
Whereas, The Contemporary American Theater Festival has created the equivalent eighty- seven full-time jobs; and
Whereas, An investment in the Contemporary American Theater Festival has not only enriched the lives of tens of thousands of people, it has had a significant economic impact in the region by leveraging additional spending in the region and state; therefore, be it
Resolved by the Legislature of West Virginia:
We gratefully acknowledge the significance of and the economic importance of the Contemporary American Theater Festival to Shepherdstown University, the town of Shepherdstown, Jefferson County and West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to Ed Herendeen, founder and Producing Director of the Contemporary American Theater Festival, Jim Auxer, Mayor of Shepherdstown and Dr. Suzanne Shipley, President of Shepherd University.
Delegate R. Phillips offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 37 - "Requesting the Division of Highways to name the second bridge, number 23- 16/1-0.15, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia, the "Cpl. Druey L. Hatfield Memorial Bridge."
Whereas, Cpl. Druey L. Hatfield was born August 2, 1950, in Gallia, Ohio, the son of Wayne B. Hatfield and Ettie P. Hatfield; and
Whereas, Cpl. Druey L. Hatfield died in combat in South Vietnam on March 28, 1971, while a member of the 1st Battalion, 46th Infantry, 23rd Infantry Division, while defending Fire Support Base Mary Ann in Quang Tin Province, when that base came under attack by artillery, rocket and mortar fire; and
Whereas, Cpl. Druey L. Hatfield died instantly as a result of wounds suffered during this attack. He was awarded medals which included the Army Commendation, National Defense Service, Vietnam Service, Bronze Star, Republic of Vietnam Campaign, Purple Heart, Combat Infantry Badge, U. S. Marksman Pistol and U. S. Army Expert Automatic Rifle. Cpl. Druey L. Hatfield was promoted posthumously to the grade of CPL E-4, AUS as of March 27, 1971, under the provisions of P.L. 680, 77th Congress, as amended; and
Whereas, Cpl. Druey L. Hatfield paid the supreme sacrifice in the service of his state and country and his dedication to protecting the principles upon which this country was built and that sacrifice should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the second bridge, number 23- 16/1-0.15, in Accoville Hollow of Buffalo Creek Road on Route 16, Logan County, West Virginia, the "Cpl. Druey L. Hatfield Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "Cpl. Druey L. Hatfield Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the surviving family of Cpl. Druey L. Hatfield and the Secretary of the Department of Transportation.
Mr. Speaker, Mr. Thompson, and Delegates Doyle, Armstead, Ashley, Barill, Border, Brown, Butcher, D. Campbell, T. Campbell, Canterbury, Caputo, Carmichael, Craig, Ellington, Ennis, Ferns, Ferro, Fleischauer, Frazier, Gearheart, Givens, Guthrie, Hall, Hartman, Hatfield, Hunt, Jones, Kominar, Lawrence, Mahan, Manypenny, Marshall, Martin, Miley, C. Miller, Moore, Morgan, Moye, Nelson, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Sigler, Skaff, Staggers, Storch, Stowers, Swartzmiller, Talbott and Varner offered the following resolution, which was read by the Clerk:
H. R. 15 - "Designating February 2, 2011 as 'Professional Social Work Day'."
Whereas, Social workers are positive change agents who dedicate their careers to helping people transform their lives, or improving environments that make such progress possible; and
Whereas, Social workers are advocates for access, equality and fairness; and
Whereas, Social workers improve the fabric of society by caring for those who have been left behind or for those who have lost their voice; and
Whereas, Social workers help people explore new opportunities in the face of serious life changes and challenges; and
Whereas, The Social Work profession was established more than 100 years ago to help Americans overcome poverty, illness, addiction, abuse, discrimination and other adversities to reach their full potential; and
Whereas, The Social Work profession works to change systems and customs that limit the ability of vulnerable individuals and groups to lead fulfilling and productive lives; and
Whereas, Schools of Social Work train socially conscious people to make a real difference in the world through service and leadership; and
Whereas, Social Workers strengthen communities, expand options, and work to facilitate humane changes in policies and legislation that improve the lives of everyone; and
Whereas, Every day Social Workers wake up believing they will give an individual, a family, or a community renewed hope in the future; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 2, 2011, as "Professional Social Work Day": and, be it
Further Resolved, That the House of Delegates recognizes the professional social workers and their commitment and dedication to individuals, families, and communities everywhere through service delivery, research, education and advocacy; and, be it
Further Resolved, That the House of Delegates calls upon all citizens to join with the National Association of Social Workers, West Virginia Chapter in celebration and support of social workers and the social work profession; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the National Association of Social Workers, West Virginia Chapter and all other appropriate organizations.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 15) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Cowles, Duke, Ellington, Gearheart, Householder, Ireland, J. Miller, O'Neal, Overington, Savilla, Sigler and Snuffer offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 16 - "Requesting an investigation by the State Auditor, the Legislative Auditor and the Commission on Special Investigations into the activities of officers of the Senate in connection with the performance of their constitutional duties arising out of the vacancy in the office of Governor."
Whereas, On November 15, 2010, a vacancy in the office of Governor occurred as a result of the resignation of former Governor Joe Manchin, III, to assume the office of United States Senate; and
Whereas, Article VII, Section 16 of the West Virginia Constitution provides that the President of the Senate shall act as Governor during such vacancy; and
Whereas, The West Virginia Supreme Court of Appeals has recently ruled that a person shall act as Governor for only such time as is reasonably necessary to elect a new Governor, which period shall not exceed one year; and
Whereas, During such period as the President of the Senate acts as Governor, he does not cease being President of the Senate, but retains that constitutional office; and
Whereas, In compliance with the recent ruling of the West Virginia Supreme Court of Appeals, the President of the Senate issued a proclamation on January 21, 2011, scheduling a new statewide election to be conducted on October 4, 2011, for the purpose of electing a person to fill the vacancy in the office of Governor for the remainder of the unexpired term; and
Whereas, Since the vacancy in the office of Governor began, the President of the Senate has moved himself and his family into the Governor's Mansion, occupied the offices in the Capitol reserved for the Governor, collected the salary appropriated for the Governor which is substantially in excess of the salary appropriated for the President of the Senate, identified himself publicly as the Governor of West Virginia in official communications and on taxpayer paid stationary, Christmas cards, and other publications, and has failed to perform many of the duties that are assigned to the President of the Senate; and
Whereas, The failure of the President of the Senate to appear regularly in the Senate or to attend to all of the statutory duties assigned to that office caused confusion and concern in the Senate that ultimately led to an amendment of the Senate Rules that provided for the election of an "acting President"; and
Whereas, The use of both an "acting President" and a President Pro Tempore has also created confusion in the respective duties and powers of the Senate officers, but has burdened the taxpayers with the additional expense of a greater salary for the person acting as "acting President"; and
Whereas, The lack of clarity in the leadership in the Senate has also caused concern regarding the validity of legislation passed by the Senate and in the joint relations between the House of Delegates and the Senate; and
Whereas, Collecting the larger salary appropriated for the Governor could result in the President of the Senate receiving a substantially larger retirement benefit than he would have if he had received only the salary appropriated for the office of President of the Senate; therefore, be it
Resolved by the House of Delegates of West Virginia:
That the State Auditor, the Legislative Auditor and the Commission on Special Investigations cooperate in conducting an investigation into the activities of officers of the Senate in connection with the performance of their constitutional duties arising out of the vacancy in the office of Governor and report to both Houses of the Legislature regarding the propriety of those activities, the total cost to the taxpayers of West Virginia and what, if any, adverse consequences may arise from those activities in the future; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the President of the Senate, the State Auditor, the Legislative Auditor and the Commission on Special Investigations.
Committee Reports

Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2503, Relating to licensure requirements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2503 - "A Bill to amend and reenact §30-27-5 of the Code of West Virginia, 1931, as amended, relating to licensure requirements for barbers and cosmetologists; requiring licensees to present government identification; and authorizing the board to retain identification information,"
H. B. 2750, Adding consideration of sexual assault in issuing an order to temporarily or permanently end a parent-child relationship,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2750 - "A Bill to amend and reenact §49-6-3 and §49-6-5 of the Code of West Virginia, 1931, as amended, all relating to making the commission of sexual assault or sexual abuse an additional consideration a judge may use in issuing an order to temporarily or permanently end a parent-child relationship,"
And,
H. B. 2752, Increasing the maximum age for persons applying for appointment for the police force in a Class I or Class II city from thirty-five to forty years,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2752 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to municipal police departments; increasing the maximum age for persons applying for examination for original appointment to an applicable municipal police civil system from thirty-five to forty years,"
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. 2860, Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2860 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9-5, relating to the authorization of the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction; meetings; and the composition of advisory committee members,"
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. 2869, Reducing rates for low-income residential customers of privately owned water utilities,
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. 2869) 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. 2566, Veterinary Medicine, schedule of fees,
H. B. 2643, Veterinary Medicine, organization and operation and licensing of veterinarians,
H. B. 2644, Veterinary Medicine, registration of technicians,
H. B. 2645, Veterinary Medicine, standards of practice,
And,
H. B. 2646, Veterinary Medicine, certified animal euthanasia technicians,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2566, H. B. 2643, H. B. 2644, H. B. 2645 and H. B. 2646) were each referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2885, Allowing a guardian or conservator to be employed or in an employment contract with a behavioral health provider,
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. 2885) was referred to the Committee on the Judiciary.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2889, Creating the "Jason Flatt Act of 2011",
And,
H. B. 2811, Exempting sales of personal tangible property and services by public and private schools from consumer sales tax and service,
And reports the same back, with amendement, 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. 2889 and H. B. 2811) were each referred to the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2919, Correcting the name of West Liberty University,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2919 - "A Bill to amend and reenact §18B-1-2 and §18B-2A-1 of the Code of West Virginia, 1931, as amended, correcting names of certain state institutions of higher education,"
With the recommendation that the committee substitute do pass.
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. 2595, Natural Resources, prohibitions when hunting and trapping,
H. B. 2596, Natural Resources, general hunting,
And,
H. B. 2629, Natural Resources, special motorboating regulations,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2595, H. B. 2596 and H. B. 2629) were each referred to the Committee on the Judiciary.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 93 - "A Bill to amend and reenact §61-5-12b of the Code of West Virginia, 1931, as amended, relating to escape from custody of the Director of Juvenile Services; and penalties"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 184 - "A Bill to amend and reenact §30-6-22 of the Code of West Virginia, 1931, as amended, relating to disposition of the remains of a deceased military service member who dies while serving in the United States armed forces."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 184) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 192 - "A Bill to amend and reenact §46A-6J-2, §46A-6J-3 and §46A-6J-6 of the Code of West Virginia, 1931, as amended, all relating to protection of consumers from price gouging and unfair pricing practices; the sale of gasoline or other motor fuels during a 'state of emergency'; amending definition of 'state of emergency'; creating an alternative pricing formula for fuel suppliers; and updating the preemption provisions"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 200, Correcting names of state institutions of higher education.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 200) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 213 - "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 similarly functioning devices; clarifying provisions pertaining to unlawful obscene, anonymous, harassing and threatening communications by voice communication by telephone; and establishing penalties."; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 216 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to modifying the definition of 'imminent danger to the physical well-being of a child' with regard to child abuse and neglect to include alcohol and substance abuse on the part of the parent, guardian or custodian"; which was referred to the Committee on the Judiciary .
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 261 - "A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as amended, relating to filling a vacancy in the office of Governor; revising contingencies creating a vacancy in the office of Governor to comport with the West Virginia Constitution; providing that new elections to fill a vacancy in the office of Governor shall consist of special primary and special general elections; providing that the new election to fill a vacancy shall occur at a time to allow a newly elected individual to assume office within one year of the date the vacancy occurred; providing that provisions relating to special general election do not affect political party creation; prescribing time frames for when new election must take place, including special primary election to nominate candidates to be voted for at a special general election; providing the time frame for the person acting as Governor to issue proclamations to set the new election; removing provision requiring vacancies to be filled at general elections deemed unconstitutional; requiring person acting as Governor to issue proclamation to fix date for new election, including date for special primary election; removing provisions related to utilizing conventions to nominate candidates; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of Governor; providing mechanism to fill vacancy in the office of Governor that occurred on November 15, 2010, by utilizing special primary election and special general election; requiring the person acting as Governor to issue a proclamation setting a special primary election to be held on June 20, 2011, in addition to the new election proclaimed by the person acting as Governor issued January 21, 2011; providing provisions to apply to special primary and special general election to be held in 2011; requiring the proclamations issued by the person acting as Governor to be published in each county prior to the special primary and special general elections; providing that the provisions of the law relating to elections shall apply to the special general election and special primary election unless inconsistent with section; modifying certain statutory time periods relating to declaration of candidacy; modifying procedures relating to payment of filing fees and drawing of ballot positions; clarifying the eligibility of certain minors to vote in special primary election; modifying statutory provisions relating to minimum number of ballots to be printed; providing that polling places shall not be changed except for emergency situations; providing that constitutionally required redistricting to have no effect until after new election in 2011 is complete; modifying procedures for persons without party affiliations to nominate candidates for the special 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 election; authorizing early voting for the special primary; providing for the expiration of the provisions applying to the new election pursuant to the vacancy created on November 15, 2010; and requiring Secretary of State to report to Joint Committee on Government and Finance and establishing guidelines for the report."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (Com. Sub. for S. B. 261) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
S. B. 342 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor's Office - Civil Contingent Fund, fund 0105, fiscal year 2011, organization 0100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 342) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 8 - "Requesting the Division of Highways to name a segment of US Route 33, from the Rockingham County line atop the Shenandoah Mountain in Pendleton County to the Randolph County line atop the Allegheny Mountain in Pendleton County, as the 'Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway'."
Whereas, Sergeant Clinton M. Hedrick was born on May 1, 1918, in Cherry Grove, Pendleton County, West Virginia, and died on March 28, 1945, at Lembeck Castle, near Wessel, Germany, as a result of German, self-propelled gunfire following a statement of surrender while he and his men were moving to accept the capitulation; and
Whereas, Sergeant Clinton M. Hedrick entered the United States Army during World War II, serving in Company I, 194th Glider Infantry, 17th Airborne Division, rising to rank of Technical Sergeant; and
Whereas, Sergeant Clinton M. Hedrick belongs to a distinguished, honorable and elite group of servicemen being one of only four hundred sixty four soldiers who received the Congressional Medal of Honor for their service during World War II, one of only three thousand four hundred forty-eight soldiers being honored with the Congressional Medal of Honor since the birth of our nation and the only recipient of the Congressional Medal of Honor from Pendleton County; and
Whereas, Sergeant Clinton M. Hedrick was honored with the Congressional Medal of Honor for extraordinary heroism and gallantry in action and was credited, in the Order accompanying the Congressional Medal of Honor, with great personal courage and heroic leadership that contributed in large measure to the speedy capture of Lembeck and provided an inspiring example to his comrades; and
Whereas, Many more of Pendleton's sons responded to our country's call and served honorably during this very difficult time in our history; and
Whereas, It is fitting to honor Sergeant Clinton M. Hedrick and all other Pendleton natives for their service of this nation; and
Whereas, The naming of a highway in honor of Sergeant Clinton M. Hedrick and the many other Pendleton sons is but a small gesture of gratitude and appreciation for the sacrifices made by these men and suffered by their families; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a segment of US Route 33, from the Rockingham County line atop the Shenandoah Mountain in Pendleton County to the Randolph County line atop the Allegheny Mountain in Pendleton County, as the "Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the segment of highway as the "Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation; to the county commission of Pendleton County; to Gene McConnell; and to all living relatives, if any.

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 9 - "Requesting the Division of Highways to name bridge number 36A154 on US Route 220 in Smoke Hole, Pendleton County, West Virginia the 'Pendleton County Vietnam Veterans Memorial Bridge'."
Whereas, Many brave sons and daughters of Pendleton County, West Virginia responded to the call of their community, their state, and their nation to defend many of the values, ideals, and freedoms they held so dear by serving in our military during our nation's involvement in the Vietnam War; and
Whereas, Many of those brave sons and daughters also made the ultimate sacrifice to protect those values, ideals, and freedoms; and
Whereas, Over one hundred forty-five years ago President Abraham Lincoln reminded the American people that from those who made the ultimate sacrifice, that this nation "take increased devotion to that cause for which they gave the last full measure of devotion that we here highly resolve that these dead shall not have died in vain"; and
Whereas, As a community, a state, and a nation, we must remain committed to working diligently to provide all our surviving warriors who returned home, and the families of our fallen, our missing from the Vietnam War with our full support; and
Whereas, In dedication to the memory of all the sons and daughters of Pendleton County, West Virginia who served in the Vietnam War, let us recommit ourselves to never forget their sacrifices; and
Whereas, Let us commit ourselves to renew our commitment to the values and ideals that have made this nation what it is today, the greatest nation in the world; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 36A154 on US Route 220 in Smoke Hole, Pendleton County, West Virginia the "Pendleton County Vietnam Veterans Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying bridge number 36A154 the "Pendleton County Vietnam Veterans Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a certified copy of this resolution to the Pendleton County Commission and the Secretary of the Department of Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 17 - "Adopting joint rules of the Senate and House of Delegates."
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates to be adopted as follows and shall govern the proceedings of the eightieth Legislature, subject to amendment as provided in the standing rules of the Senate and the House of Delegates:
Joint Assembly
1. Whenever there shall be a joint assembly of the two houses, a brief account of the proceedings shall be entered upon the Journal of each house, except in the joint assembly for counting votes for state officers.
Joint Assembly to Open and Publish Election Returns
2. As soon as the Senate, being organized, is informed that the House of Delegates is ready to proceed, as provided by section three of article seven of the Constitution, to open and publish the returns of the election for state officers, the Senate, preceded by its President presiding officer and other officers, shall repair in a body to the hall of the House of Delegates. Upon their arrival the Sergeant at Arms of the House of Delegates shall announce the presence of the Senate. The President presiding officer of the Senate shall then address the Speaker of the House, stating that a majority of the Senate has assembled in the hall of the House of Delegates to be present at the opening and publishing of the returns of the elections for State officers, held on the ______ day of _____________. The Speaker of the House of Delegates shall invite the President presiding officer of the Senate to a seat upon his right, and the other members of the Senate and officers thereof to take seats assigned to them, and after announcing that a majority of the House of Delegates is present, shall then open and publish the returns of said election, proceeding by counties in alphabetical order, the Clerks of the two houses each taking down the returns as announced by the Speaker, to be entered upon the Journal of the House, and when completed and tabulated the Speaker shall announce the votes received by each person voted for, for each of said offices, and those receiving the largest number of votes, shall be by him declared duly elected; and the Senate shall then return to its hall, and if any two or more candidates for any of said offices have an equal and the highest number of votes for the same office, the two houses shall immediately proceed to choose one of such persons for said office by a joint vote, as provided by Section 3 of Article VII of the Constitution.
Disagreement and Conference
3. (a) Whenever a measure of one house is amended in the other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. But when a measure originating in one house is amended in the other, the house in which it originated may amend such amendment and a motion therefor shall take precedence of a motion to concur. If said house refuses to concur, the other house may either recede from or insist upon its amendment, and a motion to recede shall take precedence of a motion to insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to the motion to recede from or to insist.
A motion to recede having failed shall be equivalent to the adoption of a motion to insist and shall be so entered upon the Journal. A motion to insist being decided in the negative shall be equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the motion to insist prevails, the house so insisting shall request a committee of conference on the subject of disagreement, and shall appoint a committee therefor. The other house may thereupon appoint such committee. Unless a different number is agreed upon, such conference committee shall consist of five members from each house.
Such committee shall consider and report upon only the subject matter of the amendment or amendments which were in disagreement, with necessary consequential changes. The committee shall meet at a convenient time, to be agreed upon by their Chairmen, and upon notifying all conferees of the time and place of any such meeting, and having conferred freely, shall report to their respective houses the result of the conference. In case of agreement, the report shall be first made, with the papers referred accompanying it, to the house which refused to concur, and there acted upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the other house. In case of disagreement, the papers shall remain with the house in which the measure originated. If an agreement is reached, the report shall be made and signed in duplicate by at least a majority of the conferees from each house, one of the duplicates being retained by the conferees of each house.
(b) With respect to any conference agreed to within the first fifty-one days of a regular session, the conference committee shall report to each house within seven days of agreement to conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the President of the Senate and Speaker of the House of Delegates presiding officer of each house may extend the conference not to exceed an additional three days. In no event shall a conference committee report to each house later than 9:00 P.M. on the sixtieth day.
With respect to any conference agreed to after the fifty-first day of a regular session, or any time during any extraordinary session, the conference committee shall report to each house within three days after agreement to conference or be discharged, except that such conference may be extended by concurrent resolution duly adopted by a majority of those present and voting in each house, for a period not to exceed one additional day. In no event shall a conference committee report to each house later than 9:00 P.M. on the sixtieth day.
Any conference committee which fails to report within the time limits established by this rule shall be deemed to be discharged, and the papers referred shall remain with the house in which the measure originated.
Any conference report shall, upon recognition by the presiding officer, be communicated to each house by its Clerk and made available to members of each house. Each house shall designate a location or office where copies of such report shall be made available. The Clerk shall communicate availability of conference reports by an announcement to the members of said house during the session. Such announcement can be made at any time upon recognition by the presiding officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the conference report shall lie over one day and shall not be considered in either house until at least the next day following, but thereafter it shall be proper to take up consideration of the conference report at any time otherwise permitted by the rules of such house whether or not such house met on the preceding day: Provided, That after the fifty-ninth day of any regular session or on any day of any extraordinary session a conference committee report may be considered the same day if availability of written copies of such report is communicated to that house while in session at least two hours prior to any consideration: Provided, however, That the conference report may be taken up for immediate consideration at any time by two-thirds vote of the members of that house present.
Nothing herein shall affect the right of the presiding officer of either house to appoint or discharge any conference committee as heretofore provided, such right to appoint and discharge such committee being subject to the rules of each respective house.
The provisions of subsection (b) above shall not apply to the Budget Bill.
Messages Between the Houses
4. When a message is sent by one house to the other, it shall be announced at the door communicated by the Clerk thereof to the Clerk of the house to which it is sent, by the Doorkeeper thereof, if it be in session, and then be respectfully communicated to the presiding officer by the person by whom it may be sent, but no message shall be received during a call of the roll. But the The Clerk of one house may communicate a message to the Clerk of the other after adjournment, and any message so sent shall be received by the house to which it is sent whenever it may be in session.
Bill Processing
5. (a) In every regular session beginning after the effective date of this rule, legislation recommended by the Governor or by executive departments or agencies is requested to be filed in the respective Clerks' offices and a copy sent to Legislative Services, no later than the tenth day of each regular session of a Legislature.
(b) No bill or joint resolution shall be considered on third reading in its house of origin after the fiftieth day, unless authorization shall be granted by a concurrent resolution adopted by a two- thirds vote of the members present of both houses: Provided, That the Budget Bill, or any salary or supplementary appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent resolution approved by a two-thirds majority of those present and voting in each house. A house desiring to suspend this rule may adopt a concurrent resolution and proceed as if the concurrent resolution had been adopted in both houses and the rule suspended. Any bill or joint resolution passed pursuant to such concurrent resolution may be communicated to the other house with the concurrent resolution or at any time after the concurrent resolution has been communicated to the other house. The other house may proceed to consider such bill or joint resolution only after adopting the concurrent resolution. The provisions of this rule shall not apply to any extended regular session or to any extraordinary session.
Processing of Bills Authorizing the Promulgation of Proposed Legislative Rules; Duplication and Distribution of Proposed Legislative Rules

5a. A "bill authorizing the promulgation of proposed legislative rules" or a "bill of authorization" is a measure intended to be enacted as general law, which incorporates by reference a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and which authorizes the promulgation and implementation of the proposed legislative rule. The processing of bills authorizing the promulgation of proposed legislative rules shall be governed by the standing rules of the Senate and the House of Delegates, which are supplemented by the provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the Senate or the House of Delegates, the provisions of this rule shall control.
(1) The requirement of either house that bills shall be presented in quadruplicate duplicate applies to bills authorizing the promulgation of proposed legislative rules, but does not apply to the proposed legislative rule which the bill incorporates by reference. Of the quadruplicate duplicate copies, only the designated original copy shall have appended thereto the full text of the proposed legislative rule as finally approved by the agency seeking permission for its promulgation. Other copies of the full text of the proposed legislative rule shall be made available to members of the Legislature as hereinafter provided.
(2) Copies of the full text of each proposed legislative rule shall be reproduced by printing or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to such printing or duplication, a notation shall be affixed to the proposed legislative rule which identifies the bill number of the introduced bill which would authorize its promulgation and which also identifies the committee or committees of the house to which the bill is to be referred by the presiding officer following its introduction. Otherwise, the copies printed or duplicated shall conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate the consideration and amendment of the rule throughout the legislative process.
(3) The Clerk shall furnish to any member, upon his or her request, without cost, one copy of the full text of a proposed legislative rule as reproduced by the Clerk in accordance with the provisions of subsection (2) of this joint rule. For any request for an additional copy or copies of the proposed legislative rule, the member requesting the copy or copies shall pay to the Clerk, in advance, a charge which the Clerk has reasonably determined to be adequate to cover the actual cost of the printing or duplication: Provided, That the provisions herein for the Clerk to furnish a member with an additional copy or copies, with a cost charged, may not interfere with or delay the prompt and otherwise timely consideration of bills of authorization by the house or its committees or subcommittees.
(4) Whenever the standing rules of either house require the printing or reprinting of a bill, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no printing or reprinting of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required, other than the printing required by subsection (2) of this joint rule.
(5) Whenever the standing rules of either house require a bill to be read, or fully and distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same force and effect as they apply to other bills. However, no reading of the proposed legislative rule which is incorporated by reference in the bill of authorization shall be required.
One House to Notify Other of Rejection of Bill
6. When a bill or resolution passed in one house is rejected in the other, notice thereof shall be sent to the house in which the same shall have been passed.
Record of Bills and Resolutions
7. The Clerks of the two houses shall keep separate records or registers, in which shall be recorded every action taken by the Senate and House on each bill and resolution.
Clerks to Endorse Bills
8. The Clerks of the two houses shall endorse on each bill a statement of any action taken by their respective bodies.
Notice to Be in Writing
9. Notice to either house of the action of the other shall be in writing, signed by the Clerk of the house giving such notice.
Each House to Have Control of Own Printing
10. Each house may order the printing of bills, resolutions, reports, and other documents without the consent of the other.
Joint Committees
11. Joint standing committees of the Senate and House shall be appointed as follows:
(1) Joint Committee on Enrolled Bills -- To consist of five members from each house.
(2) Joint Committee on Joint Rules -- To consist of the presiding officers and two members of each house, to be appointed by the presiding officers.
(3) Such other joint committees as may be provided for by concurrent resolution. A bill or resolution referred to a joint committee may be recalled from such committee by the house in which it originated.
Engrossed Bills to Be Filed with Clerk of the House
12. All engrossed bills passed by, and joint and concurrent resolutions adopted by, both houses shall be filed with the Clerk of the House to be kept with the rolls of the Legislature and to be used by him in printing and publishing the Acts of the Legislature.
Joint Committee on Enrolled Bills
13. The Joint Committee on Enrolled Bills shall consist of five members of the Senate and five members of the House of Delegates, to be appointed by the presiding officer of each house, whose duty it shall be to compare carefully all bills and joint resolutions passed by both houses, with the enrollment thereof, and to correct any errors or omissions they may discover and to make reports to their respective houses from time to time, of the correctly enrolled bills or joint resolutions. It shall be in order for the Joint Committee on Enrolled Bills to report at any time.
Printing Enrolled Bills
14. After a bill has been passed by both houses, the type from which it was originally printed shall be corrected as to any typographical errors that may not previously have been corrected and to include any amendments that may have been made by either house since the last printing of the bill. After the type has been so corrected, three hundred fifty copies of the bill shall be printed (except charter bills, of which only twenty-five of each shall be printed). Twelve of these copies shall be on seven and one-fourth by ten bond paper, twenty-pound basis of at least fifty percent rag content for the use of the Joint Committee on Enrolled Bills, one of which copies, when properly authenticated, shall become the Enrolled Bill, and the remainder shall be on twenty-pound basis, sulphite bond paper. From these copies all judges shall be furnished enrolled bills as provided for in section fourteen, article one, chapter four of the code. In the case of enrolled bills authorizing the promulgation of a proposed legislative rule, a copy of the full text of the proposed legislative rule which the bill incorporates by reference shall be appended to the bill which has been properly authenticated and designated to be the Enrolled Bill. The copy appended to the Enrolled Bill shall conform to the copy of the full text of the proposed legislative rule appended to the introduced bill. Copies of the proposed legislative rule shall not be appended to the additional copies of the Enrolled Bill. Following action by the Governor, or the failure or refusal of the Governor to approve or disapprove a bill of authorization, the copy of the Enrolled Bill with the proposed legislative rule appended shall be the copy of the bill filed with the Secretary of State in accordance with the provisions of Rule 18 of these Joint Rules.
Authentication of Enrolled Bills
15. Enrolled Bills shall be authenticated by the signature of the Chairman of the House Committee and the Chairman of the Senate Committee, composing such Joint Committee on Enrolled Bills, but in the absence of such Chairman another member of the committee may act in his stead, and they shall require all bills and joint resolutions before such authentication to be free from interlineations or erasures and destroy any previous enrollment containing any interlineations or erasures. A certificate, showing in which house the bill originated and when it takes effect, signed by the Clerks of the two houses, shall be endorsed on the bill. After enrolled bills and joint resolutions are authenticated as aforesaid, they shall be signed by the Speaker of the House and by the President of the Senate presiding officer of each house.
Presenting Bills to Governor
16. After a bill shall have thus been signed in each house, it shall be presented by the said committee to the Governor, for his approval. The said committee shall report the day of presentation to the Governor, which time shall be entered on the Journal of each house.
Record of Enrolled Bills
17. It shall be the duty of the Committee on Enrolled Bills Clerk of the House, as Keeper of the Rolls of the Legislature, to keep a record book of all bills presented to the Governor for his approval. The title and number of each bill presented to the Governor shall be entered in this book, and when a bill is presented to him, the date presented and the signature of the Governor, showing receipt of same, shall be entered at the side of each title.
Action of Governor on Bills
18. When the Legislature is in session, any bill, including an appropriation bill or any part thereof, disapproved by the Governor shall be returned by him to the house in which it originated, with his objections thereto, within five days after receipt thereof, Sundays excepted, or become a law. If the Legislature, by adjournment, prevents the return of a disapproved bill, other than an appropriation bill, within such time, it shall be filed by the Governor in the office of the Secretary of State with his objections within fifteen days, after adjournment, or become a law. If the Legislature, by adjournment, prevents the return of a disapproved appropriation bill or any part thereof, it shall be filed by the Governor in the office of the Secretary of State with his objections within five days after adjournment, or become a law. When any bill, including an appropriation bill or any part thereof, is disapproved after adjournment of the Legislature and such bill with the Governor's objections is filed in the office of the Secretary of State within the prescribed time as aforesaid, the Governor shall notify the house in which the bill originated of his action.
Every bill approved by the Governor shall, within the prescribed time after it is presented to him, as aforesaid, be filed by the Governor in the office of the Secretary of State and the fact of such approval communicated by the Governor to the house in which said bill originated.
Any bill which shall be neither approved nor disapproved by the Governor shall immediately after the expiration of the time fixed by the Constitution in which he may disapprove the same, be filed in the office of the Secretary of State, who shall forthwith engross thereon a certificate to the following effect: "I certify that the foregoing act, having been presented to the Governor for his approval, and not having been returned by him to the house of the Legislature in which it originated within the time prescribed by the Constitution of the State, has become a law without his approval," and shall date and sign the same. The Governor shall notify the house in which the bill originated of each bill becoming a law without his approval.
When a bill is returned to either house of the Legislature with the objections of the Governor, proceedings thereon shall be governed by section fourteen, article seven of the State Constitution. In such cases the Clerk of the Senate and the Clerk of the House of Delegates shall engross the action, if any, of their respective houses on the reconsideration of the bill, and sign the same.
The action of the Governor on all bills presented to him shall be appropriately noted in the Journals of the two houses.
Joint Meetings of Committees
19. Whenever any bill has been referred by the Senate to one of its standing committees, and the same or like bill has been referred by the House to one of its committees, the Chairmen of the respective committees, when in their judgment the interest of legislation or the expedition of business will be better served thereby, may arrange for a joint meeting of their committees for the consideration of such bill. All joint committee meetings shall be presided over by the Chairman of the Senate committee.
What Shall Be Printed in the Journal
20. The following shall always be printed in the Journal of each house:
(a) Messages from the Governor and messages from the other house, the titles of all bills and the title and text of all resolutions.
(b) A record of all votes taken by yeas and nays as required by the Constitution, the rules of the respective houses and these rules; and a brief statement of the contents of each petition, memorial, or paper presented to each house.
(c) A true and accurate account of the proceedings of each house.
Manner of Printing the Journal and Bills
21. In printing the daily Journal of the proceedings of each house there shall be printed at the top of each page, except the first, the date of the Journal; and on the last page of each day's Journal shall be printed the calendar for the next day.
At the top of the first page of each bill, preceding the title and number thereof, there shall be printed the name of the person by whom or the committee by which it was introduced and the date of introduction; and at the top of each page, except the first, shall be printed the number of the bill.
Regulation and Use of Legislative Offices, Chambers, Halls, Stairways and Corridors

22. The President of the Senate and the Speaker of the House of Delegates The presiding officer of each house shall have power to assign and regulate the office space in the portions of the Capitol used by their respective houses and to grant permission for the use of such space and the legislative Chambers for other than legislative purposes. They shall also have jurisdiction over all halls, stairways and corridors in the areas used by their respective houses. The presiding officers may submit any question or request arising under the foregoing provisions of this rule to the Committee on Rules of their respective houses for determination and action.
The area on the second floor between the legislative Chambers and surrounding the rotunda on the second floor shall be under the jurisdiction of the Joint Committee on Rules. It shall be the duty of this committee to maintain and preserve the aesthetic features of this area of the Capitol. No display or exhibition of any material or objects in this area shall be permitted without approval of the committee.
Attaching pictures, posters, cards or placards on the walls in any manner whatsoever in the halls, stairways and corridors in the areas used by the respective houses and in the area between the legislative Chambers surrounding and to the east and west of the rotunda is prohibited.
Resolutions
23. Resolutions requiring concurrent action may originate in either house, and shall be of two kinds, namely:
Joint Resolutions: These resolutions shall be used for proposing amendments to the State Constitution and for ratifying amendments to the Constitution of the United States. Joint resolutions proposing amendments to the State Constitution shall be adopted as provided in section two, article fourteen of said Constitution.
Concurrent Resolutions: Such resolutions shall be used for all purposes not covered by joint resolutions as defined above.
Suspension of Joint Rules
24. No Joint Rule shall be suspended, except by a two-thirds vote of each house, and unless there be unanimous consent, such vote shall be taken by yeas and nays.
Transfer Amounts Between Items
25. The Clerk of the Senate, with the approval of the President presiding officer, is authorized to make written request to the State Auditor for the transfer of amounts between items of the total appropriations for the Senate, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.
26. The Clerk of the House of Delegates, with the approval of the Speaker presiding officer, is authorized to make written request to the State Auditor for the transfer of amounts between items of the total appropriations for the House of Delegates, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.
27. The Clerk of the Senate and the Clerk of the House of Delegates, with the approval of the President and Speaker presiding officers, are authorized to make a joint written request to the State Auditor for the transfer of amounts between items of the total appropriations for joint expenses of the Legislature, in order to protect or increase the efficiency of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.
Lobbying
28.
(Rescinded by SCR2, 2nd Ex. Sess., 1990)

Joint Committee on Pensions and Retirement
29. (a) A joint standing committee of the Senate and House, named the Joint Committee on Pensions and Retirement, shall continually study and investigate public retirement systems. All pension and retirement related legislation introduced in the Legislature shall be referred to the committee in addition to any other reference the presiding officer may designate. Upon reference of any pension or retirement related legislation, the committee shall forward such legislation to the actuary of the Consolidated Public Retirement Board or other actuary or actuarial firm who shall return an actuarial letter or note to the committee prior to the committee's consideration of such legislation.
(b) The committee shall consist of seven members of the Senate to be appointed by the President presiding officer of the Senate and seven members of the House of Delegates to be appointed by the Speaker presiding officer of the House of Delegates. If possible, no more than five of the seven members appointed by the President of the Senate and the Speaker of the House of Delegates presiding officers of the Senate and the House of Delegates, respectively, may be members of the same political party.
(c) The committee shall make a continuing study and investigation of retirement benefit plans applicable to non-federal government employees in this state. The powers and duties of the committee include, but are not limited to, the following:
(1) Studying retirement benefit plans applicable to non-federal government employees in the state of West Virginia, including, without limitation, federal plans available to such employees;
(2) Making recommendations within the scope of the study with particular attention to financing of the various pension funds and financing of accrued liabilities;
(3) Considering all aspects of pension planning and operation, and making recommendations designed to establish and maintain sound pension policy as to all funds;
(4) Filing a report to each regular session of the Legislature concerning activities conducted between sessions;
(5) Analyzing each item of proposed pension and retirement legislation, including amendments thereto, with particular reference to analysis as to cost, actuarial soundness, and adherence to sound pension policy, and reporting of its findings in regard thereto to the Legislature; and
(6) Maintaining reference materials concerning pension and retirement matters, including, without limitation, information as to laws and systems in other states.
(d) The committee shall hold meetings at such times and places as it may designate. The President of the Senate shall appoint a cochair of the committee from the Senate members and the Speaker of the House of Delegates shall appoint a cochair of the committee from the House of Delegates members The presiding officer of each house shall appoint a co-chair of the committee. When the Legislature is not in session, the committee shall meet and conduct its business as a joint committee.
When the Legislature is in session, in addition to joint meetings, the members of either house may meet separately from members of the other house to conduct committee business concerning pension and retirement related legislation introduced or originated in that house. When the members meet separately, they may function as other committees of that house. As far as practicable, relevant information, including actuarial letters or notes, gathered by members meeting separately from the other house shall be sent to the co-chair of the other house if it is considering the same or similar legislation.
Bill Carryover
30.
(Rescinded by SCR 1, Reg. Sess., 1988)

Governing Powers
31. The President of the Senate and Speaker of the House of Delegates presiding officers of each house shall have the power to and are hereby authorized to act on behalf of the Legislature as required by the business and legal affairs of the Legislature unless otherwise directed by a majority vote of both houses while the Legislature is in session or by the majority vote of the Joint Committee on Government and Finance while the Legislature is not in session.
Receipt of Constitutional Petitions and Resolutions
32. Any application from a county commission or a verified petition from the voters of a county seeking to reform, alter or modify a county commission pursuant to Article IX, Section 13 of the West Virginia Constitution and any related documents that may be subsequently submitted shall be filed with the Clerk of the Senate and the Clerk of the House of Delegates. The Clerk of the Senate and the Clerk of the House of Delegates shall verify that the application, petition or related document has been properly submitted to the other clerk before processing it in his or her respective house. Such applications, petitions and related documents not submitted to both the Clerk of the Senate and the Clerk of the House of Delegates will not be submitted to either house for processing or consideration by the Legislature.
When the Legislature is not sitting in regular session, upon receipt of an application, petition or related document from a county commission by the Clerk of the Senate and the Clerk of the House of Delegates, it shall be processed as a regular order of business at the next regular session following receipt of the application, petition or related document.
Effective with the 2009 regular session of the Legislature, an application or petition to reform, alter or modify a county commission filed with the Legislature on or after the tenth day of a regular legislative session may not be processed or considered by the Legislature until the next regular legislative session.
An application or petition to reform, alter or modify a county commission filed with the Legislature is only valid for the session in which it was processed and such application or petition not acted upon during that session is null and void.
If an application or petition to reform, alter or modify a county commission filed with the Legislature is determined by the Legislature to have an unconstitutional provision, then the Legislature may: (a) Request that the application or petition be corrected and resubmitted; or (b) make changes necessary to meet the constitutional objection. A corrected application or petition may be processed by the Legislature if there is sufficient time remaining in the session for full consideration. If any request by the Legislature to correct an application or petition prevents full consideration of that application or petition during the session in which it would have been considered, the House and the Senate may process the corrected application or petition at the next regular session.
Motions

Delegate Boggs asked and obtained unanimous consent that the provisions of House Rule 69, relating to the consideration of local bills, be suspended for the remainder of the session, so that the Clerk may place any local bills reported from committee directly on the House Calendar.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Caputo, Fragale, White, Morgan, M. Poling, Miley, Manchin and Boggs:

H. B. 2984 - "A Bill to amend and reenact §5-10-18 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Retirement Act; and changing the effective dates for repurchase and reentry"; to the Committee on Pensions and Retirement then Finance.
By Delegates Hartman, Michael, Crosier, D. Campbell, Shaver, Williams and Romine

[By Request of the Division of Forestry]:
H. B. 2985 - "A Bill to amend and reenact §19-1B-3, §19-1B-4, §19-1B-5, §19-1B-7, §19- 1B-11 and §19-1B-12a of the Code of West Virginia, 1931, as amended, all relating to updating the Logging Sediment Control Act; increasing licensure and certification fees; requiring the Division of Forestry to report certain information to the Tax Commissioner on a monthly basis; requiring the Director of the Division of Forestry to notify the Director of the Division of Water and Waste Management of the Department of Environmental Protection of licensure suspension or revocation within thirty days; establishing renewal of licensure and certification on a biennial basis; permitting the director the discretion to immediately suspend a timbering operator or operation, or any part of a timbering operation, in any part of the state; and requiring the Director of the Division of Forestry to convene a committee to review best management practices at least every five years"; to the Committee on Government Organization then the Judiciary.
By Delegates Hartman, Michael, Williams, Crosier, Shaver, D. Campbell and Romine

[By Request of the Division of Forestry]:
H. B. 2986 - "A Bill to amend and reenact §20-3-5 of the Code of West Virginia, 1931, as amended, relating to forest fire seasons; clarifying allowed and prohibited fires times and seasons; establishing an industrial permit and fee; setting forth fire control requirements; and establishing criminal and civil penalties"; to the Committee on Natural Resources then the Judiciary.
By Delegate Rodighiero:

H. B. 2987 - "A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to quarterly payment of real and personal property taxes; and requiring new tax tickets to be mailed after property is transferred"; to the Committee on the Judiciary then Finance.
By Delegates Doyle, Swartzmiller, Storch, Guthrie, Morgan and Ferns

[By Request of the Racing Commission]:
H. B. 2988 - "A Bill to amend and reenact § 19-23-3 of the Code of West Virginia, 1931, as amended, relating to changing the definition of accredited thoroughbred horse to require registration with the West Virginia Thoroughbred Breeders Association"; to the Committee on Agriculture then the Judiciary.
By Delegates Doyle, Swartzmiller, Ferns, Storch, Guthrie and Morgan

[By Request of the Racing Commission]:
H. B. 2989 - "A Bill to amend and reenact §19-23-16 of the Code of West Virginia, 1931, as amended, relating to creating a process by which the West Virginia Racing Commission may grant stay requests pending an appeals of orders by stewards or judges; permitting the appointment of hearing examiners who must be licensed to practice law in the state; and providing that if the Racing Commission modifies or rejects a hearing examiner's recommended decision, its order doing so must provide findings of fact, conclusions of law and set forth with specificity the reasons for the modification or rejection"; to the Committee on the Judiciary.
By Delegates Doyle, Ferns, Guthrie, Morgan, Storch and Swartzmiller

[By Request of the Racing Commission]:
H. B. 2990 - "A Bill to amend and reenact §19-23-8 of the Code of West Virginia, 1931, as amended, relating to changing the renewal of Racing Commission-issued occupational permits from December 31 of each year to a schedule determined according to the applicant's date of birth"; to the Committee on the Judiciary.
By Delegates Marshall and Moore

[By Request of the Human Rights Commission]:
H. B. 2991 - "A Bill to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Fair Housing Act; adjusting the West Virginia Fair Housing Act to realign it with the federal Fair Housing Act with regard to support animals; and substituting the term disability for the term handicap"; to the Committee on the Judiciary.
By Delegates Fleischauer, Sobonya, Guthrie, M. Poling, C. Miller, Mahan, Hatfield, Marshall, Staggers, Brown and Poore:

H. B. 2992 - "A Bill to amend and reenact §21-5E-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the equal pay commission to study the 'glass ceiling' concept and to make recommendations as appropriate"; to the Committee on Government Organization then the Judiciary.
By Delegates White and T. Campbell

[By Request of the Tax and Revenue Department]:
H. B. 2993 - "A Bill to amend and reenact §11-13AA-3, §11-13AA-4, §11-13AA-5, §11- 13AA-7, §11-13AA-11 and §11-13AA-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Commercial Patents Incentives Tax Act, defining terms; clarifying carryover provisions; specifying when credit accrues; disallowing credit based on related party transactions; disallowing application of credit in addition to specified other tax credits; making technical corrections to use appropriate terminology; and retroactively adjusting the effective date language"; to the Committee on Finance.
By Delegates Varner, Ferns, Ferro, Storch, White, Swartzmiller, Pethtel, Givens, Ennis and Jones:

H. B. 2994 - "A Bill to amend and reenact §8-22-2 of the Code of West Virginia, 1931, as amended, relating to making municipal self-funded pensions tax exempt"; to the Committee on Pensions and Retirement then Finance.

House Calendar

Third Reading

Com. Sub. for H. B. 2400, Relating to granting licensed real estate appraisers access to commercial or residential review documents; 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. 31), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2400) 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. 2505, Adding synthetic cannabinoids and hallucinogens and stimulants to the Schedule I list of controlled substances; 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. 32), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2505) passed.
On motion of Delegate Miley, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2505 - "A Bill to amend and reenact §60A-1-101 the Code of West Virginia, 1931, as amended, to amend and reenact §60A-2-204 of said code, and to amend and reenact §60A-4-401 of said code, all relating to adding certain cannabinoids, hallucinogens and stimulants to the Schedule I list of controlled substances; proving penalties; and clarifying references to definitions."
Delegate Boggs moved that the bill take effect thirty days from passage.
On this question, the yeas and nays were taken (Roll No. 33), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
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. 2505) takes effect thirty days from 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. 2522, Relating to nursing home administrative appeals; 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. 34), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Hatfield.
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2522) 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. 2550, Interstate Compact on Educational Opportunity for Military Children; 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. 35), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2550) 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. 2697, Updating the recordkeeping requirements of municipalities; 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. 36), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2697) 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. 2742, Revoking certain death benefits by divorce; 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. 37), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2742) 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. 2818, Increasing the allowable expense that may be paid for the clean-up of real property damage by a meth lab; 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. 38), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2818) 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. 2845, Creating a senior resident lifetime hunting, fishing and trapping license that will cost $25;on third reading, coming up in regular order, with an amendment pending, was reported by the Clerk.
Delegates Gearheart, Kump, Savilla and Howell moved to amend the bill on page ten, line sixteen, after the word "is", by striking out word "required" and inserting in lieu thereof the words "an option".
On the adoption of the amendment, Delegate Moye demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 39), and there were--yeas 32, nays 66, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Rodighiero, Romine, Savilla, Sigler, Sobonya, Staggers, Storch, Sumner and Walters.
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
There being no further amendments, the bill was ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 40), and there were--yeas 66, nays 32, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Azinger, Border, Canterbury, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Romine, Savilla, Sigler, Sobonya, Staggers, Sumner, Walker and Walters.
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2845) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
The House of Delegates then proceeded to consideration of business on the Local Calendar.
Local Calendar

Third Reading

H. B. 2557, Extending the time for the Board of Education of Upshur County to meet as a levying body; 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. 41), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2557) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 42), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2557) 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. 2696, Authorizing the county commission of Boone County to transfer its title and interests in the Boone Memorial Hospital; 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. 43), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2696) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 44), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Carmichael and Fragale.
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. 2696) 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.
House Calendar

Second Reading

Com. Sub. for H. B. 2804, Removing outdated sunset language; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2013, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures,
H. B. 2544, Relating to disposition of the remains of a deceased military service member who dies while serving,
And,
Com. Sub. for H. B. 2562, Relating to the State Athletic Commission.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Carmichael and Fragale.
Miscellaneous Business

Delegate Rodighiero announced that he had erroneously voted in the affirmative on Roll No. 39, and that he had intended to vote "Nay" thereon..
At 12:12 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 3, 2011.