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House Journal


Day 60 (03-13-2010) - [PDF]
Day 59 (03-12-2010) - [PDF]
Day 56 (03-09-2010) - [PDF]
Day 58 (03-11-2010) - [PDF]
Day 57 (03-10-2010) - [PDF]
Day 55 (03-08-2010) - [PDF]
Day 52 (03-05-2010) - [PDF]
Day 50 (03-03-2010) - [PDF]
Day 48 (03-01-2010) - [PDF]
Day 45 (02-26-2010) - [PDF]
Day 44 (02-25-2010) - [PDF]
Day 43 (02-24-2010) - [PDF]
Day 42 (02-23-2010) - [PDF]
Day 41 (02-22-2010) - [PDF]
Day 38 (02-19-2010) - [PDF]
Day 37 (02-18-2010) - [PDF]
Day 36 (02-17-2010) - [PDF]
Day 35 (02-16-2010) - [PDF]
Day 34 (02-15-2010) - [PDF]
Day 30 (02-11-2010) - [PDF]
Day 29 (02-10-2010) - [PDF]
Day 28 (02-09-2010) - [PDF]
Day 27 (02-08-2010) - [PDF]
Day 24 (02-05-2010) - [PDF]
Day 23 (02-04-2010) - [PDF]
Day 22 (02-04-2010) - [PDF]
Day 21 (02-02-2010) - [PDF]
Day 20 (02-01-2010) - [PDF]
Day 17 (01-29-2010) - [PDF]
Day 16 (01-28-2010) - [PDF]
Day 15 (01-27-2010) - [PDF]
Day 14 (01-26-2010) - [PDF]
Day 13 (01-25-2010) - [PDF]
Day 10 (01-22-2010) - [PDF]
Day 09 (01-21-2010) - [PDF]
Day 07 (01-19-2010) - [PDF]
Day 06 (01-18-2010) - [PDF]
Day 03 (01-15-2010) - [PDF]
Day 02 (01-14-2010) - [PDF]
Day 01 (01-13-2010) - [PDF]
hdj2010-01-28-16


__________*__________




THURSDAY, JANUARY 28, 2010

SIXTEENTH 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 Wednesday, January 27, 2010, 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

Mr. Speaker, Mr. Thompson, and Delegates Anderson, Argento, Ashley, Azinger, Barker, Beach, Blair, Boggs, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Ferro, Fleischauer, Fragale, Givens, Guthrie, Hall, Hartman, Hatfield, Hutchins, Iaquinta, Klempa, Kominar, Lawrence, Longstreth, Louisos, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Ross, Rowan, Schadler, Shook, Shott, Skaff, Smith, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Talbott, Varner, D. Walker, T. Walker, Wells, White and Williams offered the following resolution, which was read by its title, as follows:
H. R. 9 - "Recognizing the public service of the AARP."
Whereas, Volunteering by sharing time and talent has been described as the art of caring and doing and makes a difference in the lives of others; and
Whereas, Many volunteers in West Virginia are members and volunteers of the AARP; and
Whereas, AARP West Virginia is a nonprofit, nonpartisan membership organization representing nearly 320,000 West Virginians and 40 million individuals nationwide who are 50 years of age or older; and
Whereas, AARP is dedicated to enhancing the quality of life, bringing positive social changes and delivering value to members through information, advocacy and service; and
Whereas, With nearly thirty local chapters, AARP West Virginia strengthens communities, neighborhood by neighborhood, each day in our State; and
Whereas, AARP members, volunteers and chapters make a special effort to assist communities through group projects or individual acts of kindness for those in need in the Mountain State; therefore, be it Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the public service of the AARP and the members of the AARP Capitol Advocacy Team; and, be it Further Resolved, That the House of Delegates extends its sincere appreciation to AARP West Virginia for its many contributions to the State of West Virginia; and, be it Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to the appropriate representatives of AARP West Virginia.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 9) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
By Mr. Speaker, Mr. Speaker, and Delegates Ashley, Beach, Blair, Boggs, Brown, Butcher, Campbell, Cann, Canterbury, Caputo, Craig, Doyle, Ennis, Evans, Ferro, Fleischauer, Fragale, Givens, Guthrie, Hall, Hamilton, Hartman, Klempa, Kominar, Mahan, Manchin, Manypenny, Martin, McGeehan, Miley, Moore, Morgan, Moye, Overington, Perdue, Perry, Pethtel, M. Poling, Poore, Porter, Reynolds, Romine, Shaver, Shook, Shott, Skaff, Spencer, Staggers, Stowers, Susman, Swartzmiller, Talbott, Varner, D. Walker, T. Walker, Wells, White and Wooton offered the following resolution, which was read by its title, as follows:
H. R. 10 - "Recognizing the West Virginia Press Association on January 28, 2010."
Whereas, The West Virginia Press Association was founded in June 1869, at which time there were 52 newspapers in publication in the Mountain State; and
Whereas, Today the West Virginia Press Association represents 24 daily and 62 weekly newspapers in publication in the Mountain State; and
Whereas, The exercise of a free press is fundamental to a democratic society, the West Virginia Press Association promotes the highest standards of journalism and respects the duty of a free press to responsibly report the events and happenings of our state to the public; and
Whereas, The West Virginia Press Association is dedicated to the proposition that an active press committed to freedom of opinion and expression to impart ideas and information to the public is vital to democracy in West Virginia; and
Whereas, The West Virginia Press Association encourages collegiality, cooperation and fraternal good fellowship among members of the newspaper industry as a means of reinforcing the fundamental principles of a responsible free press; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby honors the West Virginia Press Association on January 28, 2010; and, be it
Further Resolved, That the House of Delegates invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the West Virginia Press Association and the contribution of a free press in West Virginia; and, be it
Further Resolved, The Clerk of The House of Delegates is hereby directed to forward a copy of this resolution to the West Virginia Press Association.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 10) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Spencer, from the Committee on Pensions and Retirement, submitted the following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 4168, Relating to the Emergency Medical Services Retirement System,
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. 4168) was referred to the Committee on Finance.
Vice Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 4064, Agriculture, animal disease control,
And,

H. B. 4065, Agriculture, integrated pest management programs,
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. 4064 and H. B. 4065) were each referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 4057, Natural Resources, commercial whitewater outfitters,
H. B. 4058, Natural Resources, special fishing,
H. B. 4077, Conservation Agency, operation of conservation committee and conservation districts,
And,
H. B. 4110, Natural Resources, deer hunting,
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. 4057, H. B. 4058, H. B. 4077 and H. B. 4110) were each referred to the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry, and Labor and Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry, and Labor and Economic Development and Small Business has had under consideration:
H. B. 4097, Energy, community development assessment and real property valuation procedures for office of coalfield community development,
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. 4097) was referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4053, Insurance Commission, WV life and health insurance guaranty association act,
And,
H. B. 4106, Insurance Commission, mental health parity,
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. 4053 and H. B. 4106) were each referred to the Committee on the Judiciary.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 4054, Insurance Commission, viatical settlements,
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. 4054) was referred to the Committee on the Judiciary.
Chairman Iaquinta, from the Committee on Veterans Affairs and Homeland Security, submitted the following report, which was received:
Your Committee on Veterans Affairs and Homeland Security has had under consideration:
H. B. 4145, Providing services and facilities to assist student veterans at state institutions of higher education,
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 Education.
In accordance with the former direction of the Speaker, the bill (H. B. 4145) was referred to the Committee on Education.
Chairman Barker, from the Committee on Energy, Industry, and Labor and Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry, and Labor and Economic Development and Small Business has had under consideration:
H. B. 3204, Allowing a credit against state personal income tax for the purchase of a new wood or pellet stove,
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. 3204) was referred to the Committee on Finance.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4104, Highways, use of state road rights of way and adjacent areas,
H. B. 4105, Highways, transportation of hazardous wastes upon the roads and highways,
And,
H. B. 4109, Motor Vehicles, denial, revocation, restriction, or nonrenewal of driving privileges,
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. 4104, H. B. 4105 and H. B. 4109) were each referred to the Committee on the Judiciary.
Chairman Williams, from the Committee on Senior Citizen Issues, submitted the following report, which was received:
Your Committee on Senior Citizen Issues has had under consideration:
H. B. 4107, Insurance Commission, use of senior-specific certifications and professional designations in the sale of life insurance and annuities,
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. 4107) was referred to the Committee on the Judiciary.
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. 4122, Secretary of State, vote-by-mail pilot project,
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. 4122) was referred to the Committee on the Judiciary.
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. 4121, Secretary of State, early voting,
And,
H. B. 4123, Secretary of State, vote-by-mail pilot project phase 2,
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. 4121 and H. B. 4123) were each referred to the Committee on the Judiciary.
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. 4034, Authorizing any municipality to enact by ordinance a vacant property registration program,
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 bill (H. B. 4034) 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. 2499, Requiring the Department of Environmental Protection to remediate any waste tire pile in the state consisting of more than twenty-five tires,
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. 2499) 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. 2561, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal,
And,
H. B. 2612, Increasing penalties for failing to report child abuse,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate

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, as follows:
S. C. R. 9 - "Expressing the will of the Legislature to oppose the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions that is unduly burdensome to the State of West Virginia and to support measures that encourage investments in technology to address carbon dioxide and greenhouse gas emissions, and requesting that West Virginia's congressional delegation resist and oppose efforts to adopt a national cap and trade program that is detrimental to our State."
Whereas, The adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions would have serious financial and economic implications for the State of West Virginia; and
Whereas, House Resolution 2454, the American Clean Energy and Security Act of 2009, hereinafter referred to as the Act, is pending approval in Congress; and
Whereas, The Act calls for the establishment of a national cap and trade program that, if effected, would reduce West Virginia's gross domestic product by an estimated $750 million by 2020 and by an estimated $1.75 billion by 2030; and
Whereas, West Virginia would lose up to 10,000 jobs by 2020 and up to 22,000 jobs by 2030 if the proposed cap and trade program is enacted; and
Whereas, The industries that would be most affected by the proposed cap and trade program include mining, retail trade and health care; and
Whereas, West Virginia is investing heavily in technology designed to limit carbon dioxide and greenhouse gas emissions, including a $100 million investment by American Electric Power in carbon sequestration and capture technology at its Mountaineer Plant in Mason County, a state-of- the-art facility that is the first of its kind in the world; and
Whereas, Globally, more coal is being used than ever, and demand is projected to rise to even greater levels as more coal-fired power plants are built in other countries; and
Whereas, Coal will continue to be a primary energy source to meet these additional demands and therefore the United States should lead the way in advancing cleaner coal technology; and
Whereas, Additional investments are needed to address carbon dioxide and greenhouse gas emissions while maintaining the current energy supply; and
Whereas, The Legislature, with the leadership and support of the Governor, enacted laws to reduce, within reasonable limits, carbon dioxide and greenhouse gas emissions in this state by adopting an alternative and renewable energy portfolio standard and a regulatory framework for carbon capture and sequestration projects; and
Whereas, For the sake of those individuals and families who depend upon the industries that would be affected by a national cap and trade program, the House of Delegates, the Senate, the Governor and West Virginia's congressional delegation must work together to ensure that any proposal to reduce carbon dioxide and greenhouse gas emissions includes reasonable provisions intended to safeguard the security of this nation and West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia is opposed to the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions if it creates unnecessary volatility in the energy market, fails to address the energy and security needs of this country, threatens the jobs of hardworking men and women, raises energy costs to an unacceptable amount, fails to provide for additional investments in technology or is otherwise unduly burdensome to the State of West Virginia; and, be it
Further Resolved, That the Legislature of West Virginia supports measures that encourage investments in technology to address carbon dioxide and greenhouse gas emissions; and, be it
Further Resolved, That the Legislature of West Virginia requests that West Virginia's congressional delegation resist and oppose efforts to adopt a national cap and trade program that is detrimental to our state; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to United States Senators Robert C. Byrd and John D. Rockefeller IV and Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
At the request of Delegate Boggs, and by unanimous consent, reference of the resolution to a committee was dispensed with, and it was taken up for immediate consideration and put upon its adoption.
The question now being on the adoption of the resolution, the yeas and nays were demanded, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 10), and there were--yeas 82, nays 7, absent and not voting 11, with the nays and absent and not voting being as follows:
Nays: Blair, Cowles, McGeehan, J. Miller, Porter, Romine and Shott.
Absent And Not Voting: Argento, Doyle, Evans, Frazier, Hutchins, Mahan, Schoen, Shook, Skaff, Walters and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the resolution (S. C. R. 9) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Petitions

Delegates Overington, Duke, J. Miller, T. Walker and Blair presented a petition on behalf of their constituents, opposing any bill which would not allow any physical therapy to be performed in a chiropractic office; which was referred to the Committee on the Judiciary.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Phillips, Smith, Lawrence, Fragale, C. Miller, Sobonya, Hall, Pethtel and Ennis:

H. B. 4207 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to unlawful obscene, anonymous, harassing and threatening communications by computer, mobile phone and personal digital assistant; and establishing penalties"; to the Committee on the Judiciary then Finance.
By Delegates Lawrence, Cowles, Phillips, Argento, T. Walker, Beach and Fleischauer:
H. B. 4208 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to requiring a landlord to give at least thirty days written notice to a tenant when property being occupied by the tenant is being foreclosed upon; requiring a landlord to give written notice to a prospective tenant if the property is in foreclosure; and providing for damages if notice is not given"; to the Committee on the Judiciary.
By Delegates Moye, Campbell, Manchin, Williams, Shaver, Beach, Stephens, Barker, M. Poling and Doyle:

H. B. 4209 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring at least one commissioner be present before a hearing may be conducted on public utility matters that require a public hearing before the commissioners of the Public Service Commission; and deleting obsolete language"; to the Committee on the Judiciary.
By Delegates Moye, Williams, Staggers, Manchin, Shaver, Beach, Stephens, Barker and Doyle:

H. B. 4210 - "A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance Agency Finance Board; and requiring a quorum of five members to be present at any public hearing conducted by the board"; to the Committee on Government Organization.
By Delegates Lawrence, Perry, M. Poling, Shaver, Phillips, Stowers and Duke:
H. B. 4211
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-22, relating to providing supplemental funding for providing alternative programs for limited English proficient students; and granting the State Board of Education rulemaking authority"; to the Committee on Education then Finance.
By Delegates Miley, Barker, Boggs, Caputo, Fleischauer, Fragale, Marshall, Martin, Morgan, D. Poling and M. Poling:

H. B. 4212 - "A Bill to amend and reenact §24-3-3b of the Code of West Virginia, 1931, as amended, relating to railroad safety; and requiring the Public Service Commission to undertake additional rulemaking pertaining the safety requirements for railway walkways"; to the Committee on the Judiciary.
By Delegates Fleischauer, Kominar, Beach, Iaquinta, Barker, Longstreth, Marshall, Shook, Manypenny, Manchin and Spencer:

H. B. 4213 - "A Bill to amend and reenact §8-22-6 of the Code of West Virginia, 1931, as amended, relating to providing that municipal employees may receive up to two years of retirement service credit for military service prior to, or during, their municipal employment"; to the Committee on Pensions and Retirement then Finance.
By Delegates Fleischauer, Miley, Brown, Caputo, Guthrie, Longstreth, Perdue, D. Poling, Shook, Williams and Ellem:

H. B. 4214 - "A Bill to amend and reenact §23-5-7 of the Code of West Virginia, 1931, as amended, relating to requiring review and approval of final settlements of Workers' Compensation awards"; to the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Miley, Brown, Caputo, Guthrie, Hatfield, Longstreth, Marshall, Morgan, Staggers and Susman:

H. B. 4215 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all relating to prohibiting gender discrimination in health care insurance plans"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Overington, Wells, Schadler, Hunt, Ellem, Longstreth, Brown, Michael, Shook, Ross and Ferro:

H. B. 4216 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to prohibiting wagering at animal fighting ventures and providing a felony criminal penalty"; to the Committee on the Judiciary then Finance.
By Delegates Hamilton and Staggers:

H. B. 4217 - "A Bill to amend and reenact §7-1-3cc of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures that shall be adopted forthwith as a uniform body of procedures by all fifty-five county commissions and their respective 911 call centers within West Virginia"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Barker and Ross:
H. B. 4218
- "A Bill to amend and reenact §22-6-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-8-2 of said code; and to amend and reenact §22C-9-2 of said code, all relating to modifying the definitions of 'shallow well' and 'deep well' to allow a shallow well to be drilled deeper; and correcting antiquated language throughout"; to the Committee on Natural Resources then the Judiciary.
By Delegates Barker, Beach and Ross:
H. B. 4219
- "A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, relating to the reporting of certain geologic information obtained incidental to oil and gas drilling; requiring the filing of reports with the Department of Environmental Protection and the state Geological and Economic Survey; providing for the delivery of core samples and well cuttings to the state Geological and Economic Survey; and assuring the confidentiality of reports and other information provided"; to the Committee on Natural Resources then the Judiciary.
By Delegates Perry, Louisos and Staggers:
H. B. 4220 - "A Bill to amend and reenact §30-23-6 of the Code of West Virginia, 1931, as amended, relating to the practice of medical imaging and radiation therapy"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Louisos, Staggers and Perry:
H. B. 4221
- "A Bill to amend and reenact §30-23-15 of the Code of West Virginia, 1931, as amended, relating to permitting a person who has practiced nuclear medicine technology for a certain time to be eligible for licensure"; to the Committee on Health and Human Resources then Government Organization.
By Delegates D. Poling, Evans, Ellem, Eldridge, Skaff, Rowan, Guthrie, Hatfield and Wells:

H. B. 4222
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5c, relating to exempting antique motor vehicles from personal property taxes"; to the Committee on Roads and Transportation then Finance.
By Delegates Klempa, Hutchins, Schoen, Ferro, Hamilton, Ennis, Brown, Varner, Ellem, Pethtel and Caputo:

H. B. 4223 - "A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-4-406 of said code, all relating to increasing the safety of school children that use school buses; increasing the criminal penalties for failure to stop a vehicle before reaching a school bus with flashing warning signal lights, and providing additional circumstances which increase the periods of ineligibility for parole upon sentences for certain felony convictions for the distribution of controlled substances in the proximity of students awaiting, boarding or exiting a school bus"; to the Committee on the Judiciary then Finance.
House Calendar

First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine,
Com. Sub. for H. B. 4018, Establishing that possession of a mixture or preparation intended for human consumption containing salvia divinorum is unlawful,
And,
Com. Sub. for H. B. 4139, Relating to professional licensing boards.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Doyle, Evans, Frazier, Hutchins, Mahan, Schoen, Shook, Skaff, Walters and Wooton.
Miscellaneous Business

Delegate Azinger announced that he was absent when the votes were taken on Roll Nos. 4 through 9, and that had he been present, he would have voted "Yea" thereon.
Delegate Blair asked and obtained unanimous consent that the remarks of Delegates Armstead, Carmichael, Cowles and J. Miller regarding S. C. R. 9, Expressing will of Legislature opposing adoption of national cap and trade program, be printed in the Appendix to the Journal.
Delegate Caputo also spoke regarding S. C. R. 9, and at the conclusion thereof, Delegate Martin asked and obtained unanimous consent that the remarks be printed in the Appendix to the Journal.
At 11:53 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 29, 2010.

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