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Friday, February 4, 2011

TWENTY-FOURTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 3, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 17, Adopting joint rules of the Senate and House of Delegates,
And reports the same back, with amendment, with the recommendation that it be adopted, as amended.
At the respective requests of Delegate Boggs, and by unanimous consent, the resolution (S. C. R. 17) was taken up for immediate consideration.
An amendment, recommended by the Committee on Rules, was reported by the Clerk and adopted, amending the resolution on page twenty-four, Rule 31, line two, following the phrase "presiding officers of each house", by inserting a comma and the words "as determined in accordance with the Constitution and laws of the State" followed by a comma.
There being no further amendments, the resolution (S. C. R. 17) was adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
S. C. R. 2, Requesting DOH name County Routes 1 and 3 "Glen Rogers Coal Miner Memorial Highway",
S. C. R. 3, Requesting DOH name bridge in Pendleton County "Korean War Veterans Bridge",
S. C. R. 8, Requesting DOH name segment of U. S. Route 33 "Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway",
And,
S. C. R. 9, Requesting DOH name bridge on U. S. Route 220 in Smoke Hole, Pendleton County, "Pendleton County Vietnam Veterans Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
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. 2876, Expanding eligibility for subsidies to enrollees in the model health plan,
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. 2876) was referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2708, Removing a twelve-month limitation for certain agreements between or among law- enforcement agencies,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2936, Changing the date of the canvassing of votes in a primary election,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2936 - "A Bill to amend and reenact §3-5-17 of the Code of West Virginia, 1931, as amended, relating to changing the date of the canvassing of votes in a primary election from the Friday following a primary election to the Monday following a primary election,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2663, Requiring at least one commissioner be present before a hearing may be conducted on public utility matters,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2663 - "A Bill to amend and reenact §24-1-3 and §24-1-4 of the Code of West Virginia, 1931, as amended, all relating to the conduct of hearings by the Public Service Commission and its designated hearing examiners; requiring the Commission to preside en banc over any hearings conducted with respect to any case in which the Commission retains to sit en banc as the initial finder of fact; and deleting obsolete language,"
And,
H. B. 2787, Transferring licensure for private security services from the Secretary of State to the Division of Criminal Justice Services,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2787 - "A Bill to repeal §30-18-1, §30-18-2, §30-18-3, §30-18-4, §30- 18-5, §30-18-6, §30-18-7, §30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14- 8, §15-14-9, §15-14-10, §15-14-11, §15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15- 14-17, §15-14-18 and §15-14-19, all relating to transferring private security services from the Secretary of State to the Division of Criminal Justice and Community Services; license requirement; authority of the Director of the Division of Justice and Community Services; rulemaking requirements; the creation of the West Virginia Private Security Fund; use of the West Virginia Private Security Fund; eligibility requirements for licensure of private investigators and security services; application requirements for license to do business as a private investigator or security services; requirements of employees under firm license; license renewal requirements; complaint and investigation procedures; due process requirements; grounds for disciplinary action; hearing procedures; judicial review; criminal sanctions; providing that a single act may be evidence of pattern of practice; action for damages; and requiring a report to the Joint Committee on Government Organization,"
With the recommendation that the committee substitutes each do pass.
On motion for leave, a resolution was introduced (Originating in the Committee on Education and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Ennis, M. Poling, Barill, Crosier, Rowan, D. Campbell, Lawrence, Moye, Paxton, Pethtel, Perry, Rodighiero, Shaver, Smith, Walker, Duke, Sumner, Armstead, Ellington, Gearheart, Pasdon, Savilla and Sigler:

H. C. R. 45 - "Requesting the Joint Committee on Government and Finance to conduct a study on the educational and communication barriers facing children in West Virginia who are deaf or hard of hearing and their families, and on the adequacy and enforcement of current laws that address these barriers."
Whereas, Hearing loss impacts the most basic of humans needs, which is the ability to communicate with other human beings; and
Whereas, Children who are deaf or hard of hearing communicate using various communication modes including sign language, speech and other means; and
Whereas, There are currently more than three hundred seventy-five children who are deaf or hard of hearing in this state between the ages of birth and twenty-one years; and
Whereas, Young children who are deaf or hard of hearing typically lack significant English language skills; and
Whereas, Many individuals who are deaf or hard of hearing require specialized instruction, services, equipment and materials; and
Whereas, Receiving such provisions is critical to the education, development and success of children who are deaf or hard of hearing, yet the provisions may not be administered adequately to sufficiently meet the needs of children in this state who are deaf or hard of hearing; and
Whereas, Significant barriers exist for individuals who are deaf or hard of hearing in our current education system and must be addressed; and
Whereas, The West Virginia Commission for the Deaf and Hard of Hearing aids individuals who are deaf or hard of hearing in their efforts to live independent and productive lives; and
Whereas, The West Virginia Commission for the Deaf and Hard of Hearing would be a valuable resource in exploring the needs of and obstacles faced by children who are deaf or hard of hearing; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the educational and communication barriers facing children in West Virginia who are deaf or hard of hearing and their families, and the adequacy and enforcement of current laws that address these barriers; and, be it
Further Resolved, That the said Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 45) to the Committee on Rules.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 2895, Relating to sign language interpreter certification and commercial driver's license for school service personnel,
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. 2895) was 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. 2758, Relating to higher education directed research endowments,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2758) was 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. 2757, Providing for evaluation of professional personnel in the public schools,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2757 - "A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7, §18A-2-8a, §18A-2-12 and §18A-2-12a of the Code of West Virginia, 1931, as amended, all relating to employment of school personnel; changing dates for notice, hearing, furnishing to county board and board action respecting certain personnel subject to transfer, reassignment, termination and re-employment; providing for evaluation of professional personnel in the public schools; specifying certain professional personnel who must be evaluated; requiring evaluations to be at least annual; providing certain processes for evaluations and applicable dates; requiring State Board of Education to revise professional personnel evaluations and pilot test revised process; limitations on use of pilot test evaluation results; requiring State Board of Education to establish task force to address rule changes regarding professional personnel evaluations; requiring state board study of duties and responsibilities of certain professional employees and time required to accomplish evaluations; requiring use and reporting of study results; establishing task force reporting and recommendations; requiring state board report to Legislative Oversight Commission on Education Accountability; establishing dates certain for submission of proposed rule and adopted rule and effective date of rule; requiring certain rule provisions; requiring provision of written evaluation results to persons evaluated; modifying related evaluation provisions to comport with changes; and making technical corrections and removing obsolete provisions throughout,"
With the recommendation that the committee substitute do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2871, Relating to Brownfield Economic Development Districts,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2871) to the Committee on Finance was abrogated.
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. 2607, Barbers and Cosmetologists, qualifications, training, examination of instructors,
And,
H. B. 2638, Physical Therapy, general provisions,
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. 2607 and H. B. 2638) were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2368, Relating to the practice of beauty care,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2368 - "A Bill to amend and reenact §30-27-6 of the Code of West Virginia, 1931, as amended, all relating to the practice of beauty care; and requiring the board to establish an apprentice program,"
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. 2570, Barbers and Cosmetologists, schedule of fees,
H. B. 2606, Barbers and Cosmetologists, procedures, criteria and curricula,
And,
H. B. 2608, Barbers and Cosmetologists, operational standards,
And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2570, H. B. 2606 and H. B. 2608) were each referred to the Committee on the Judiciary.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising that on February 3, 2011, he approved H. B. 2001.
Messages from the Senate

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
S. B. 254 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2011, to the West Virginia Development Office - Community Development, fund 8746, fiscal year 2011, organization 0307, and to Division of Human Services - Energy Assistance, fund 8755, fiscal year 2011, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011"; 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, to take effect from passage, and request the concurrence of the House of Delegates in the passage, of
S. B. 255 -
"A Bill making a supplementary appropriation of federal funds from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2011, to a new item of appropriation designated to the Governor's Office, fund 8742, fiscal year 2011, organization 0100, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services, fund 8734, fiscal year 2011, organization 0932, to the Department of Health and Human Resources - West Virginia Health Care Authority, fund 8851, fiscal year 2011, organization 0507, to the Department of Health and Human Resources - Division of Human Services, fund 8722, fiscal year 2011, organization 0511, and to the Department of Transportation - Public Port Authority, fund 8830, fiscal year 2011, organization 0806, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill"; 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
Com. Sub. for S. B. 256 - "A Bill to amend and reenact §15-12-10 of the Code of West Virginia, 1931, as amended, relating to requiring sex offenders to verify their e-mail and other online identities in the same way as they register their physical addresses"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates Stowers, Butcher, R. Phillips and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 39 - "Requesting the Division of Highways to name bridge 22-64-0.02 over Uptons Creek at Spurlockville in Lincoln County, West Virginia, the 'Justin Frye Memorial Bridge'."
Whereas, Born on November 3, 1987, Justin Joe Frye was the eldest child of his proud parents, Teddy and Melinda Frye. Justin grew up in Spurlockville, West Virginia at the mouth of Uptons Creek, where his sister and parents were very active in his life; and
Whereas, Justin participated in many sports as a child, including t-ball, buddy league basketball, midget league football, but racing motorcycles and four-wheelers were his passion as a youth. Justin competed in racing in different states, and at the age of nine, was awarded the "Rider of the Year" in 1996 in Boone County; and
Whereas, As a student in school, Justin was well thought of by his teachers and classmates. Justin grew up in a Christian home and wanted to do for others as he was taught at home. Justin liked all types of people and he had dreams of becoming a psychologist some day; and
Whereas, When Justin was a freshman in high school, he joined the Hamlin Bobcats basketball team. Justin had a drive to be the best that he could be, and Justin helped the Bobcats, who only had eight players, to a perfect season of fifteen wins during the 2002 - 2003 season. During Justin's basketball career, he was well known for his foul shooting ability and the awards that he received for his talent. Although Justin loved basketball, he had a congenital disability that hindered him from being as fast on the court as the other athletes. Justin had two major corrective surgeries on his left leg as a youth that caused him to strive harder for his accomplishments. Later in his high school basketball career, when Justin was forced to prematurely discontinue the game he loved, he still attended the games and supported the team; and
Whereas, Justin had more time to concentrate on his studies now and he continued on the honor roll as he took dual credit classes. Justin graduated from the last graduating class of the Hamlin Bobcats in 2006; and
Whereas, Justin attended Marshall University before taking time off to consider his future, and he eventually moved back home to work in the family business with his Dad; and
Whereas, Justin was diagnosed with Ewing Sarcoma in May of 2009, and he fought a courageous battle as he endured numerous surgeries and different chemotherapies that proved to be ineffective; and
Whereas, Justin departed this world on January 22, 2010, at the tender age of twenty-two. Although he had a zest for life and squeezed much living into his short life, death still called much too early for Justin. However, Justin was not afraid to die because he knew where he was going and that his family would someday reunite with him; and
Whereas, Justin will be sorely missed by all who knew him and his passion for life; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge 22-64-0.02 over Uptons Creek at Spurlockville in Lincoln County, West Virginia, the "Justin Frye 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 "Justin Frye Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Justin Frye and the Secretary of the Department of Transportation.
Delegates Paxton, Anderson, Andes, Azinger, Barker, Brown, D. Campbell, Crosier, Ellem, Evans, Guthrie, Hatfield, Howell, Iaquinta, Ireland, Longstreth, Mahan, Manchin, Martin, C. Miller, O'Neal, Pasdon, D. Poling, Poore, Reynolds, Romine, Rowan, Savilla, Shaver, Skaff, Smith, Snuffer, Sobonya, Stephens, Sumner, Walker, Wells and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 40 - "Requesting the Division of Highways to name bridge number 20-60/143.64 over the Coal River on Main Street in St. Albans, Kanawha County, the 'Joseph Homer Lloyd Bridge'."
Whereas, Joseph Homer Lloyd was born in Roane County on March 3, 1916, the son of Everett and Bertha Lloyd. He graduated from Clay High School in 1938 and enlisted in the U.S. Army in 1939, requesting duty in Hawaii to "see the world", little knowing that he would soon be a participant in one of the momentous events in American history. He was stationed at Hickam Air Force Base in Hawaii when the Japanese launched their infamous attack on Pearl Harbor on December 7, 1941. He awoke that peaceful Sunday morning on December 7 and was on his way to breakfast at the mess hall when the Japanese began bombing Hickam Air Force Base. The barracks where he had slept only minutes before were bombed and the mess hall where he was headed took a direct hit, leaving thirty-five people dead. But Joseph survived that fateful day at Hickam Field and went on to serve his country honorably in World War II; and
Whereas, In 1942, Joseph Homer Lloyd attended Officers Candidate School and was commissioned a Second Lieutenant in the Army. He was then sent to Europe, where he served with the 14th Armored Division throughout the remainder of the war. While serving with the 14th Armored Division, he, Homer Lloyd was awarded the Bronze Star for "heroic achievement" when his company was isolated by a German counterattack, and he additionally received a Purple Heart; and
Whereas, After the war, Joseph Homer Lloyd returned to West Virginia, where he and his beloved wife Mabel, eventually settled in Tornado, Kanawha County, and he worked at Union Carbide as a heavy equipment foreman until his retirement. Joseph and Mabel have two daughters, Ramona, who currently resides in Hot Springs Village, Arkansas, with her husband Tom, and Phyllis, who resides in Rock Branch with her husband, Richard. A son, Travis, is deceased. Joseph and Mabel also have eight grandchildren and seventeen great grandchildren; and
Whereas, It is only fitting and proper that we acknowledge Joseph Homer Lloyd for his outstanding service to his country and for a life well-lived. Joseph came of age during the Great Depression, endured incredible hardships for his country in World War II, and then returned home to help build a modern post-war America. His life personifies the grit, determination and selfless contribution that led Tom Brokaw to name his generation the "Greatest Generation"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 20-60/14-3.64 over the Coal River on Main Street in St. Albans, Kanawha County, the "Joseph Homer Lloyd 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 "Joseph Homer Lloyd Bridge", with an additional designation that he is a Pearl Harbor survivor; 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 and to Joseph Homer Lloyd.
Delegates Walters, Armstead, Ashley, Azinger, Barill, Border, D. Campbell, T. Campbell, Canterbury, Carmichael, Cowles, Ellem, Ellington, Evans, Guthrie, Howell, Ireland, Kump, Longstreth, Manchin, Marshall, Michael, Moore, Nelson, Pasdon, Paxton, Perdue, Pethtel, D. Poling, Poore, Romine, Rowan, Skaff, Smith, Storch, Sumner, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 41 - "Requesting the Joint Committee on Government and Finance study the feasibility and cost effectiveness of replacing printed school textbooks with downloaded versions on an electronic device such as a e-reader, tablet or smart phone."
Whereas, It is important to give school districts high quality, cost-effective options to consider when choosing textbooks for the classroom not only in these difficult economic times but in years to come; and
Whereas, Replacing printed school textbooks with downloaded versions is an important step toward embracing a more interactive learning environment that leverages technology to meet the changing academic needs of students; and
Whereas, Digital textbooks not only provide better information and are good for students' achievement, but also for schools' bottom lines by reducing costs; and
Whereas, Printed school textbooks are soon out-of-date particularly in the fields of science and history while digital textbooks keep information new and fresh and are easily updated; and
Whereas, Going digital eliminates the need for students to "lug" around antiquated, heavy and expensive textbooks; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility and cost effectiveness of replacing printed school textbooks with downloaded versions on an electronic device such as an e-reader, tablet or smart phone; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012, on its findings, conclusions and recommendations, together with drafts of legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Butcher, R. Phillips, Rodighiero and Stowers offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 42 - "Requesting the Division of Highways to name bridge 23-16-3.45 over Buffalo Creek on State Route 16 in Logan County, West Virginia, the'"PFC William A. Lawrence Memorial Bridge'."
Whereas, PFC William A. Lawrence was born on January 23, 1945, and raised in Man, West Virginia; and
Whereas, PFC William A. Lawrence was killed in action while serving his country in Vietnam on April 17, 1968; and
Whereas, On that fateful day in 1968, PFC William A. Lawrence gave the last full measure of devotion to his country; and
Whereas, It is only fitting and proper that this bridge be named in his honor, and that it henceforth stands as a permanent memorial so that PFC William A. Lawrence's supreme sacrifice will never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge 23-16-3.45 over Buffalo Creek on State Route 16 in Logan County, West Virginia, the "PFC William A. Lawrence 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 "PFC William A. Lawrence Memorial Bridge" with a designation that PFC William A. Lawrence served in the Vietnam Conflict; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to the family of PFC William A. Lawrence and the Secretary of the Department of Transportation.
Delegates J. Miller, Andes, Cowles, Duke, Ellington, Householder, Howell, C. Miller, O'Neal, Overington, Rowan, Sigler, Sobonya, Storch, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 43 - "Calling for the Congress of the United States to call an Amendment Convention Pursuant to Article V of the United States Constitution for the Limited Purpose to Propose a Constitutional Amendment Permitting Repeal of any federal law or regulation by vote of two-thirds of the State legislatures."
Whereas, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress". The Congress has exceeded the legislative powers granted in the Constitution thereby encroaching on the powers that are "reserved to the states respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers. This encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights. This encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and
Whereas, Alexander Hamilton wrote, in Federalist No. 85, in reference to Article V of the Constitution and the calling of a convention for the purpose of proposing amendments that, "We may safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority"; and
Whereas, The Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia hereby applies and makes application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the limited purpose of proposing a constitutional amendment that permits the repeal of any federal law or regulation by vote of two-thirds of the State legislatures, and the West Virginia Delegation to such Convention, when called, shall propose the following amendment: "Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed"; and, be it
Further Resolved, That this resolution is revoked and withdrawn, nullified and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used for the purpose of calling a convention or used in support of conducting a convention to amend the Constitution of the United States for any purpose other than consideration of the amendment proposed in this resolution; and, be it
Further Resolved, That the State of West Virginia reserves its right to add future amendments as the Legislature considers warranted to this application and that delegates to the convention, when called, be selected according to procedures established by the legislatures of the several states; and, be it
Further Resolved, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the West Virginia Congressional Delegation so that they may be apprised of the sense of the West Virginia House of Delegates in this matter.
Delegates J. Miller, Anderson, Andes, Ashley, Cowles, Duke, Ellem, Ellington, Householder, Howell, C. Miller, O'Neal, Overington, Rowan, Sigler, Sobonya, Storch, Sumner and Walters offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 44 - "Calling for the Congress of the United States to call an Amendment Convention Pursuant to Article V of the United States Constitution for the Limited Purpose to propose Constitutional Amendments on Certain Subjects."
Whereas, Article I of the United States Constitution begins "All legislative powers herein granted shall be vested in a Congress". The Congress has exceeded the legislative powers granted in the Constitution thereby encroaching on the powers that are "reserved to the states respectively, or to the people" as the Tenth Amendment affirms and the rights "retained by the people" to which the Ninth Amendment refers. This encroachment includes the accumulation of federal debt, which combined with interest represents a future tax, and is of such great proportion that responsibility for its payment will be passed to future, unborn generations of Americans to assume without their consent, thereby disparaging their rights. This encroachment also includes compelling state and local governments to comply with federal laws and regulations without accompanying funding for such mandates; and
Whereas, Alexander Hamilton wrote, in Federalist No. 85, in reference to Article V of the Constitution and the calling of a convention for the purpose of proposing amendments that, "We may safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority"; and
Whereas, The Constitution should be amended in order to halt federal encroachment and restore a proper balance between the powers of Congress and those of the several states, and to prevent the denial or disparagement of the rights retained by the people; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia hereby applies and makes application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the limited purpose of proposing constitutional amendments on the following subjects:
(a) Improving the fiscal management of the federal government by imposing requirements, with any stated exceptions, that federal expenditures during a fixed time period not exceed federal revenues or anticipated revenues during that time period; imposing prohibitions and limits, or both prohibitions and limits on federal debt; and imposing limits on expenditures, revenue and taxes, or on expenditures, revenue or taxes;
(b) Improving the legislative process by requiring that all bills, orders, votes, and resolutions introduced in and passed by Congress contain only a single subject and by providing a minimum time period before passage for bills, orders, votes and resolutions to be reviewed by members of Congress and members of the general public;
(c) Restraining the powers of the federal government by clarifying that the Constitution does not authorize Congress to employ its spending power to regulate activities otherwise outside its enumerated powers and prohibiting mandates or requirements on any state, subdivision of any state, or any official thereof, unless the federal government fully funds the cost of compliance; and
(d) Empowering the legislatures of the several states, with stated exceptions, to repeal all or certain Acts of Congress and administrative regulations; and, be it
Further Resolved, That this resolution is revoked and withdrawn, nullified and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used for the purpose of calling a convention or used in support of conducting a convention to amend the Constitution of the United States for any purpose other than consideration of the amendment proposed in this resolution; and, be it
Further Resolved, That the State of West Virginia reserves its right to add future amendments as the Legislature considers warranted to this application and that delegates to the Convention, when called, be selected according to procedures established by the legislatures of the several states. This a is a continuing application and remains in effect until rescission by any sitting session of the Legislature of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the West Virginia Congressional Delegation so that they may be apprised of the sense of the West Virginia House of Delegates in this matter.
On motions for leave, Joint Resolution were introduced, read by their titles and severally referred as follows:
By Delegates Craig, Michael, Armstead, Reynolds, Pasdon, Hartman, Kominar and Andes:

H. J. R. 34 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, relating to by adding thereto a new section, designated section one-d, relating to authorizing the Legislature to exempt tangible personal property from ad valorem taxation; authorizing the Legislature to reduce maximum levy rates on tangible personal property as an alternative to exempting such property from ad valorem property taxation; requiring the Legislature to provide measures by which revenues reduced or lost as a result of such an exemption or rate reduction may be replaced; prohibiting any impact on any excess levy in effect at the time an exemption or rate reduction takes effect; authorizing the Legislature to phase in an exemption or rate reduction over a period not to exceed five years on property being taxed at the time an exemption or rate reduction takes effect; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
And,
By Delegates Anderson, Nelson, Azinger, Howell, Duke, Savilla, Overington, O'Neal,
Gearheart, Storch and Pasdon:

H. J. R. 35 - "Proposing an amendment to the Constitution of the State of West Virginia, amending Article X by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then Finance.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Hatfield, Guthrie, Poore, Moore, Marshall, Caputo, Cann, Butcher, Longstreth, D. Poling and Martin:

H. B. 3005 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to ensuring patient safety; defining terms; establishing minimum direct-care registered nurse to patient ratios; providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing for quality assurance; requiring appropriate orientation and competence in clinical area of assignment with documentation thereof to be maintained in personnel files; and exempting critical access hospitals"; to the Committee on the Judiciary.
By Delegates Doyle, Swartzmiller, Guthrie, Morgan and Storch

[By Request of the Racing Commission]:
H. B. 3006 - "A Bill to amend and reenact §19-23-5 and §19-23-6 of the Code of West Virginia, 1931, as amended, all relating to changing the title of the West Virginia Racing Commission's racing secretary to executive director"; to the Committee on Government Organization.
By Delegate Perry:

H. B. 3007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to retention salary increases for Division of Corrections' and Division of Juvenile Services' employees based on years of service"; to the Committee on the Judiciary then Finance.
By Delegate Perry:

H. B. 3008 - "A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to adjusting the amount of pay a retired state worker can make while collecting retirement"; to the Committee on Pensions and Retirement then Finance.
By Delegates Rowan, Canterbury, Sigler, Sumner, Romine, Evans, Smith, Snuffer, Kump, Hamilton and Ireland:

H. B. 3009 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to raising the maximum personal income tax exemption for persons over the age of sixty-five and for persons who are totally disabled"; to the Committee on Finance.
By Delegate Rodighiero:

H. B. 3010 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to ensuring patient safety; defining terms; creating an "acuity-based patient classification system;" directing hospitals to establish an acuity standard; establishing minimum direct-care registered nurse to patient ratios; providing additional conditions for licensing; prohibiting assignment of unlicensed personnel to perform licensed nurse functions; requiring a full-time registered nurse executive leader; providing for quality assurance; requiring appropriate orientation and competence in clinical area of assignment with documentation thereof to be maintained in personnel files; and exempting critical access hospitals"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates White, Cann, T. Campbell and Kominar

[By Request of the Department of Administration]:
H. B. 3011 - "A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year"; to the Committee on Government Organization then Finance.
By Delegates White, T. Campbell, Cann and Kominar

[By Request of the Department of Administration]:
H. B. 3012 - "A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Office of Technology is responsible for the retirement or transfer of information technology equipment that may contain confidential and privileged electronic data"; to the Committee on Government Organization then the Judiciary.
By Delegate White

[By Request of the Department of Commerce]:
H. B. 3013 - "A Bill to amend and reenact §31-15C-14 of the Code of West Virginia, 1931, as amended, relating to extending the Broadband Deployment Council to December 31, 2014"; to the Committee on Finance.
By Delegates Marshall and Longstreth:

H. B. 3014 - "A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to increasing the limit on the size of voting precincts to five thousand registered voters; and increasing the size of standard receiving boards in enlarged precincts"; to the Committee on the Judiciary then Finance.
By Delegates Longstreth, Caputo, White, Kominar and Martin:

H. B. 3015 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-3E-1, §21-3E-2, §21-3E-3, §21-3E-4, §21-3E-5, §21-3E-6, §21-3E-7, §21-3E-8 and §21-3E-9, all relating to labor; providing for healthy workplaces by providing remedies for hostile work environments; defining terms; providing an affirmative defense for employers; banning retaliation in certain circumstances; providing an employer duty to respond to third-party acts of malice; restricting applicability to employment practices not covered by existing state laws on human rights or wrongful discharge; and providing certain time limitations for commencing action"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates White, T. Campbell, Cann and Kominar

[By Request of the Department of Administration]:
H. B. 3016 - "A Bill to amend and reenact §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-5, §5A- 10-6 and §5A-10-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5A-10-12 and §5A-10-13, all relating to the responsibilities of the Real Estate director; permitting the director to acquire real property; permitting the contracting for third-party real estate services; permitting the spending units to be billed for the actual costs of those third-party services; billing the spending units for the services of the Real Estate Division; creating the Real Property Fund; establishing what revenues are to be deposited into that fund; requiring certain revenues to be deposited into the fund instead of the General Revenue Fund; establishing what moneys from the fund may be used for; and exempting real property owned by the Department of Agriculture and the West Virginia State Conservation Committee from certain accounting and reporting requirements"; to the Committee on the Judiciary then Finance.
By Delegates M. Poling, Paxton, Perry, Smith, Shaver, Duke, Ennis, Craig, Pethtel and Williams:

H. B. 3017 - "A Bill to repeal §18-23-4a of the Code of West Virginia, 1931, as amended; to repeal §18B-8-3a of said code; to repeal §18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10 and §18B-9-12 of said code; to amend and reenact §18B-1-2 of said code; to amend and reenact §18B-1B-4 and §18B-1B-5 of said code; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend and reenact §18B-2B-3 of said code; to amend and reenact §18B-3-3 of said code; to amend and reenact §18B-4-1 of said code; to amend said code by adding thereto a new section, designated §18B-4-2a; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code; to amend said code by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7-16; to amend and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of said code; to amend said code by adding thereto a new section, designated §18B-8-2; to amend and reenact §18B-9-1, §18B-9-2, §18B-9-3 and §18B-9-4 of said code; and to amend said code by adding thereto a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8, all relating to cleaning up and adding language about higher education governance; fixing citations and clearing up the duties of the Higher Education Policy Commission; adding position of Vice Chancellor for Human Resources to the Higher Education Policy Commission; adding duties to higher education governing boards; compensation of chief executive of system of community and technology colleges; higher education personnel generally; and higher education faulty pay, senority and leave rules generally"; to the Committee on Education then Finance.

House Calendar

Third Reading

S. B. 184, Relating to disposition of remains of military service member who dies while serving in military;
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. 49), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 184) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

S. B. 342, Making supplementary appropriation to Governor's Office--Civil Contingent Fund; 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. 50), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 342) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 51), and there were--yeas 92, nays none, absent and not voting 8, with the absent and not voting being as follows:
Absent and Not Voting: Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 342) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for H. B. 2013, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures; 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. 52), and there were--yeas 87, nays 5, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Cowles, Duke, Householder, Howell and J. Miller.
Absent and Not Voting: Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2013) 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. 2544, Relating to disposition of the remains of a deceased military service member who dies while serving; on third reading, coming up in regular order, was, on motion of Delegate Boggs, tabled.
Com. Sub. for H. B. 2562, Relating to the State Athletic Commission; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 53), and there were--yeas 55, nays 37, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Barill, Barker, Border, D. Campbell, Cowles, Doyle, Duke, Ellem, Ennis, Evans, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hatfield, Iaquinta, Ireland, Lawrence, Mahan, Marshall, Moore, Moye, Perdue, L. Phillips, Pino, D. Poling, Poore, Rowan, Sigler, Snuffer, Talbott, Walker and Wells.
Absent and Not Voting: Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2562) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 54), and there were--yeas 64, nays 28, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Barill, Barker, Border, Brown, D. Campbell, Cowles, Doyle, Duke, Ellem, Evans, Frazier, Gearheart, Guthrie, Hatfield, Ireland, Mahan, L. Phillips, Pino, D. Poling, Poore, Rowan, Sigler, Snuffer, Talbott, Walker and Wells.
Absent and Not Voting: Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
So, less than two thirds of the members elected to the House of Delegates having voted in the affirmative, the motion to make the bill effective from passage was rejected.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for S. B. 200, Correcting names of state institutions of higher education; on second reading, coming up in regular order, was read a second time.
On motion of Delegate M. Poling, the bill was amended on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the provisions of Com. Sub. for H. B. 2919.
There being no further amendments, the bill was ordered to third reading.
Com. Sub. for H. B. 2503, Authorizing Board of Barbers and Cosmetologists to require licensees to provide government identification; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2750, Adding consideration of sexual assault in issuing an order to temporarily or permanently end a parent-child relationship; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Moore, the bill was amended on page eight, section three, line one hundred thirty-six, following the words "other parent" and the comma, by inserting the word "guardian".
On lines one hundred forty-one and one hundred forty-nine, following the words "other parent" and the comma, by inserting the words "guardian or custodian" and a comma.
On page sixteen, section five, lines one hundred forty-six and one hundred fifty-one, following the word s "other parent" and the comma, by inserting the words "guardian or custodian" and a comma.
And,
On line one hundred fifty-eight, following the words "other parent" and the comma, by inserting the word "guardian".
There being no further amendments, the bill was ordered to engrossment and third reading.
Com. Sub. for 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; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2860, Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 2919, Correcting the name of West Liberty University; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

Com. Sub. for H. B. 2864, Creating of a misdemeanor crime of unlawful restraint called Celena's Law; on first reading, coming up in regular order, was read a first time and ordered to second reading:
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Cann, Carmichael, Hunt, Kump, C. Miller, Pasdon and Romine.
Remarks of Members

Delegate Perdue addressed the House concerning Noah Stephens, the Wayne County resident who has been named a Chevalier de la Legion d'Honneur, the highest declaration that France can confer on a civilian, and at the conclusion of his remarks, Delegate Border asked and obtained unanimous consent that they be included in the Appendix to the Journal.
At 11:35 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 7, 2011.