hdj2011-02-22-42

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February 22, 2011
FORTY-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 Monday, February 21, 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
Delegate Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 95 - "Requesting the Legislative Auditor to conduct an efficiencies and effectiveness audit of public education in the State of West Virginia."
Whereas, Public education is the primary method by which the majority of our State's children are educated; and
Whereas, Public education is the foundation upon which our children learn and grow into becoming productive adult citizens involved in their communities; and
Whereas, Public education offers our children a forum of diversity where ideas may flourish and a protected environment in which to explore the world; and
Whereas, Public education is the primary learning center in which our children acquire the formative core knowledge and the fundamental skills in order to succeed in their chosen occupations and professions later in life; and
Whereas, Public education is the key not only to our children's future, but is also essential in maintaining a vibrant economy; and
Whereas, James Madison, the fourth President of the United States, said, "A well-instructed people alone can be permanently a free people" public education is essential in order to preserve our freedom; and
Whereas, Public education is one of the first considerations of businesses looking to open operations in a state and individuals seeking to relocate their families to that state and is essential in maintaining a vibrant economy; and
Whereas, Public education is the single greatest bulwark against tyranny, crime, and societal degradation. Educated youth mean less out-of-marriage births, lower crime rates, a competent workforce, and individuals who take responsibility for their actions rather than becoming wards of the state; and
Whereas, Much of the public education and its facilities in this state has not been reviewed from a proficiency standpoint; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Auditor conduct an efficiencies and effectiveness audit of public education in the State of West Virginia; and, be it
Further Resolved, That the Legislative Auditor report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this audit, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates Morgan, Stephens, Craig, C. Miller, Sobonya, Perdue and Reynolds offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 25 - "Recognizing the importance of the annual Marshall - WVU football game and urging continuation of the series."
Whereas, Marshall University and West Virginia University are our state's only Division I athletic programs; and
Whereas, Both programs are an incredible source of state pride to all residents of our state, past and present; and
Whereas, Both programs provide a means for our former residents, who are now alumni that live out of our state, to come back and stay in touch with our state; and
Whereas, The 2010 football match-up between the Mountaineers and Thundering Herd brought national attention to our state and was watched by almost four million viewers on prime-time national television; and
Whereas, The 2007 football match-up between the Mountaineers and Thundering Herd was seen by almost two million viewers on national television, even with a Saturday morning kick-off time; and
Whereas, The atmosphere of this game and telecast has made an indelible impression on many other professionals in the world of college athletics and also served as a nation-wide, positive commercial for our state, one that is sorely needed; and
Whereas, Hotel rooms in the Greater Morgantown and Greater Huntington areas have been filled the nights before and after the WVU - MU football games in 1997, 2006, 2007, 2008, 2009 and 2010; and
Whereas, The annual football match-up has presented a tremendous opportunity for Morgantown, Huntington and the entire State of West Virginia to showcase its unique tourism products ranging from state parks to bed and breakfast inns, to retail stores; and
Whereas, Visitors to the state and fans at the game spend several million dollars in the state on goods and services associated with going to the game; and
Whereas, West Virginia's small business owners, ranging from tee-shirt printers to convenience store proprietors, have greatly benefitted from the sales of their products to enthusiastic fans from across the state who travel to the football game to show their school spirit and support their team; and
Whereas, Special events such as concerts and alumni receptions surrounding the "Friends of Coal Bowl" have generated additional enthusiasm and economic impact from the purchase of food, supplies and entertainment; and
Whereas, The telecast of the game serves as a four hour commercial for our state's leading industry, the coal industry, through the "Friends of Coal Bowl"; and
Whereas, The annual football match-up serves as a fall complement to the annual "Capitol Classic" basketball game between the WVU and Marshall men's and women's basketball teams; and
Whereas, The annual football match-up provides thousands of college scholarship dollars to high school students in our State who might not otherwise have a chance to attend college; and
Whereas, The annual football match-up is one of the finest opportunities our State has to showcase higher education in the State of West Virginia; and
Whereas, This is the biggest intercollegiate sporting event in the history of our State that involves both state Division I programs, and it makes no sense for a small state, such as ours, to not stage the one annual event that brings national attention to our two largest academic institutions; and
Whereas, With all of the benefits that are provided to our State, to our young people, to our academic institutions and to our residents and business people, it is only fitting that the football series between West Virginia and Marshall be continued on an annual basis; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the importance of the annual Marshall - WVU football game and urges the continuation of the series; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor and the Presidents of Marshall University and West Virginia University.
Delegates Walker, C. Miller, Boggs, Cann and Smith offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 26 - "Designating February 22, 2011, as 'West Virginia Home School Day'."
Whereas, The State of West Virginia is committed to excellence in education; and
Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and good citizenship and are prepared academically to meet the challenges of today's society; and
Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 22, 2011, as "West Virginia Home School Day"; and, be it
Further Resolved, That the House of Delegates recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 26) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 7, The "Staff Sergeant Arthur Coulter and Corporal E. J. Size more Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
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. 3174, Relating to liquor sampling events,
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. 3174) was referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3094, Requiring the Secretary of the Department of Health and Human Services to use existing department funds to develop a program to compensate employees for personal property loss,
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. 3094) 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. 3061, Creating a volunteer certification so that a health or mental health professional may provide volunteer services in this state without having to have a license issued by this state,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3061 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-21, relating to authorizing health related licensing boards to authorize residents and nonresident licensees to voluntarily provide services in certain circumstances; setting forth minimum requirements for authorization; and requiring promulgation of legislative rules prior to implementing the provisions of this section,"
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. 2796, Relating to professional licensing boards,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2796 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and to amend said code by adding thereto a new section, designated §30-1-20, all relating to professional licensing boards; repealing antiquated, ineffective provisions; revising requirements for specific subject matter at orientation sessions; clarifying who may call a board meeting; establishing quorums; reporting violations; requiring boards to maintain a business office open to the public; authorizing boards to propose fees notwithstanding specific fees established in code; notifying licensees of proposal of fees in legislative rules; authorizing boards to levy fines; hiring administrative law judges; clarifying law governing hearings and administrative hearings; requiring board members to adhere to ethical standards for appointed officials; permitting boards to establish a process for modifying or waiving continuing education requirements or renewal fees for licensees in active duty military service; and requiring regulatory board reviews,"
With the recommendation that the committee substitute do pass.
On motion for leave, a resolution was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Morgan, Stephens, Cann, Butcher, Ferns, Givens, Hall, Hartman, Hatfield, Jones, Martin, R. Phillips, Staggers, Swartzmiller, Talbott, Kump, Nelson, Romine, Snuffer and Storch:

H. C. R. 96 - "Requesting that the Legislature authorize the West Virginia Division of Personal (DOP) to conduct a study on the West Virginia Alcohol Beverage Control Administration's (WVABCA) employee classification plan."
W HEREAS , the Legislature is committed to the fair and equitable classification process and eliminating potential grievances among similarly classified employees; and
W HEREAS , the Performance Evaluation and Research Division audit released in January 2011 found employee concerns related to implementation of the classification plan among the WVABCA Enforcement Unit; and
W HEREAS , the DOP is currently conducting a comprehensive classification and compensation review for all state agencies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature is hereby requested to authorize the Division of Personal to conduct a study on the West Virginia Alcohol Beverage Control Administration's employee classification plan; and, be it
Further Resolved, That the DOP shall report to the Joint Committee on Government Organization on or before August 2011 with the findings of the study of the WVABCA classification plan; to include any recommendations or modifications to the classification plan and the potential impact on existing classified and unclassified employees.
The Speaker referred the resolution (H. C. R. 96) to the Committee on Rules.
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. 2516, Relating to charitable raffles,
H. B. 2850, Alternative Coal Slurry Disposal Act,
And,
H. B. 3054, Relating to DNA data collection,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2516, H. B. 2850 and H. B. 3054) were each referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3100, Permitting the sale of liquor on election day,
And,
H. B. 3162, Relating to polygraph examinations required as a condition of supervision for certain sex offenders,
And reports the same back with the recommendation that they 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. 2096, Relating to arts, entertainment and enterprise districts,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2096 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, and §5B-2H-6, all relating to arts, entertainment and enterprise districts; establishing a board for the purpose of designating areas as an arts, entertainment and enterprise district; providing for the makeup of the board; definitions; providing for application by municipalities and political subdivisions to designate an area an arts, entertainment and enterprise district; requiring the board to adopt by-laws and establish and application procedure and criteria for the designation of arts, entertainment and enterprise districts; and requiring the chairperson of the board to report to the Legislature on the efforts of other states to create arts, entertainment and enterprise districts and the benefit of related tax credits and potential funding sources for related tax credits,"
H. B. 2479, Relating to anesthesia,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2479 - "A Bill to repeal §30-4A-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-4A-4, §30-4A-5 and §30-4A-8 of said code; and to amend said code by adding thereto four new sections, designated §30-4A-6a, §30-4A-6b, §30-4A-6c and §30-4A-6d, all relating to the administration of anesthesia by dentists and in dental offices; permit requirements; classes of permits; qualifications and certifications required for the respective classes of permits; standards of care; patient monitoring requirements; education and certification requirements for monitors and assistants; and related office evaluations,"
H. B. 2745, Providing that certain information provided by insurance companies to the Insurance Commissioner is confidential,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2745 - "A Bill to amend and reenact §33-4-14 of the Code of West Virginia, 1931, as amended, relating to providing that certain information provided by insurance companies to the Insurance Commissioner is confidential and exempt from the freedom of information disclosure requirements; providing that the information is not subject to subpoena or discoverable in a private civil action; commissioner's authority to release or share documents otherwise treated as confidential in furtherance of any regulatory or legal action brought as a part of the commissioner's official duties; commissioner's authority to share otherwise confidential and privileged documents, materials or information with other state, federal and international regulatory agencies; commissioner's authority to share otherwise confidential and privileged documents with state, federal and international law enforcement authorities; conditions attached thereto; and authorizing rulemaking,"
And,
H. B. 2969, Requiring the disclosure of the number of stamps by brand name that have been purchased from a nonparticipating tobacco product manufacturer,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2969 - "A Bill to amend and reenact §16-9D-6 of the Code of West Virginia, 1931, as amended, relating to enforcement of statutes implementing tobacco master settlement agreement; reporting of information; and requiring the Tax Commissioner to disclose, at the request of a nonparticipating tobacco product manufacturer, the branding information, sales, stamping and other information that is reported to the Tax Commissioner by distributors and stamping agents for products obtained from that nonparticipating manufacturer,"
With the recommendation that the committee substitutes each do pass.
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. 2892, Permitting specific law-enforcement officials access to certain confidential pharmaceutical information,
And,
H. B. 3123, Encouraging the use of telemedicine, telepsychology and video conferencing in order to make child welfare system more effective,
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. 2892 and H. B. 3123) 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. 3196, Establishing a program and procedure for certifying medications assistive persons in the health industry,
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. 3196) was referred to the Committee on Finance.
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. 3194, Increasing the age of consent that a minor may refuse mental health treatment,
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. 3194) 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. 3225, Expanding the definition of harassment, intimidation or bullying,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3225) 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. 2981, Clarifying payment for trade certifications and allowing use of tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine program,
And,
H. B. 3171, Providing educators with the education and training necessary to ensure the safety of state schools,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2981 and H. B. 3171) were each referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3000, Making it lawful to hunt coyotes with a green colored light,
And,
H. B. 3134, Relating to child support enforcement.
And reports the same back with the recommendation that they each do pass.
Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the following report, which was received:
Your Committee on Constitutional Revision has had under consideration:
H. J. R. 29, The Silenced Majority Local Levy and Bond Amendment,
And reports the same back, with amendment, with the recommendation that it be adopted, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the resolution (H. J. R. 29) was referred to the Committee on the Judiciary.
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. 3137, Providing for additional circumstances giving rise to "state 'on' indicators" for purposes of extended unemployment compensation,
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. 3137) 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. 3017, Relating to higher education 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. 3017) was referred to the Committee on Finance.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2009, and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 253 - "A Bill to amend and reenact §33-27-2, §33-27-2a, §33-27-3, §33-27-4, §33-27-5, §33-27-6, §33-27-7, §33-27-9, §33-27-11 and §33-27-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §33-27-3a and §33-27-6a, all relating to insurance holding company systems; defining terms; excluding certain investments from determination of adequacy of surplus; requiring notice and other information with regard to divestiture or acquisition of a controlling interest; changing public hearing requirements; providing standards for review of acquisition request by commissioner; establishing process for consolidated hearings; providing standards and procedures for certain acquisitions not otherwise covered; providing requirements for insurers; expanding examinations and types of information that may be demanded and reviewed by the commissioner, including compelling production; providing for management of domestic insurers subject to registration; providing for establishment of supervisory colleges; providing additional confidentiality measures; providing for payments of costs, expenses and mileage; providing for fines, orders and penalties; and authorizing emergency rules"; 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. 334 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to making it a misdemeanor to wager at animal fighting ventures; creating the misdemeanor offense of conducting, financing, managing, supervising, owning or leasing any part of an animal fighting venture or the premises on which it takes place with knowledge that wagering is occurring; and providing a criminal penalty"; which was referred to the Committee on Agriculture then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 335 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-5f, relating to authorizing Class I and Class II municipalities to regulate taxicabs and taxi stands by ordinance"; which was referred to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 390 - "A Bill to amend and reenact §61-3C-12 of the Code of West Virginia, 1931, as amended, relating to adding web-enabled mobile devices to crime of invasion of privacy by computer; adding definitions and exceptions; and providing a criminal penalty"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 407 - "A Bill to amend and reenact §33-15-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §33-15F- 1, §33-15F-2, §33-15F-3, §33-15F-4, §33-15F-5, §33-15F-6, §33-15F-7, §33-15F-8, §33-15F-9, §33- 15F-10, §33-15F-11 and §33-15F-12; and to amend and reenact §33-16-1a of said code, all relating to federal health insurance reforms; incorporating the federal mandates of the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010; defining terms; granting rule-making authority; preventing health care insurers from imposing additional charges for certain preventive benefits; preventing health care insurers from imposing annual and lifetime benefits limits and providing exceptions; establishing provisions for provider networks; prohibiting health care insurers from imposing preexisting condition exclusions for persons under the age of nineteen; permitting eligibility for dependent children to the age of twenty- six with conditions; and establishing review and appeal rights"; 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
S. B. 507 - "A Bill to amend and reenact §31-15C-3 and §31-15C-14 of the Code of West Virginia, 1931, as amended, all relating to the continuation of the Broadband Deployment Council."
At the request of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 507) to a committee was dispensed with.
Petitions
Delegate Perdue presented a petition on behalf of his constituents in support of building a lodge and convention center at Beech Fork State Park; which was referred to the Committee on Finance.
Delegate Duke presented a petition on behalf of his constituents opposing H. B. 2973, Increasing the excise tax on cigarettes and all other tobacco products; which was referred to the Committee on Health and Human Resources.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 40, The "Joseph Homer Lloyd Bridge",
And,
H. C. R. 77, The "SP5 Lloyd 'Buddy' Greene Jr. Memorial Bridge".
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. 382, Specifying activities entitling certain members of National Guard or reserve to leave of absence; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for H. B. 2639, Authorizing miscellaneous boards and agencies to promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
On motion of Delegate Brown, the bill was amended on page ten, section two, subsection (a), line eighty, by striking out the word "assistant",
And,
On page ten, section two, subsection (a), line eighty-two, after the words "next physical therapist" by inserting the word "assistant".
The bill was then ordered to engrossment and third reading.
H. B. 2791, Requiring the Superintendent of the State Police to implement a plan to increase the number of troopers; 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. 2889, Creating the "Jason Flatt Act of 2011"; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2971, Relating to the definition of the term "durable medical equipment"; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2993, Relating to the West Virginia Commercial Patents Incentives Tax Act; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with restricted right to amend by Delegate White, and the rule was suspended to permit the consideration of the amendment on that reading.
Com. Sub. for H. B. 3003, Relating to leave of absence for members of the National Guard or Armed Forces Reserves who are also public officials and employees; 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. 3060, Providing a different procedure for determining the credit for utility taxpayers with net operating loss carryovers relating to the corporation net income tax; on second reading, coming up in regular order, was read a second time.
On motion of Delegate White, the bill was amended on page two, section eleven-b, line eight, following the words "two-o", by striking out the words "of this article" and inserting in lieu thereof a comma and the words "article thirteen of this chapter".
The bill was then 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. 2208, Providing for actual costs to be paid for municipal audits and reducing the cap on audits for Class IV municipalities,
Com. Sub. for H. B. 2863, Providing for the costs of disability physical and/or mental examinations approved by the Consolidated Public Retirement Board under the West Virginia State Police plan,
Com. Sub. for H. B. 3032, Relating to emergency powers of the Secretary of State,
And,
Com. Sub. for H. B. 3145, Providing a one-time bonus to certain annuitants of the Public Employees Retirement System and the State Teachers Retirement System.
At 11:51 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 23, 2011.