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House Journal


Day 60 (03-12-2011) - [PDF]
Day 65 (03-17-2011) - [PDF]
Day 64 (03-16-2011) - [PDF]
Day 63 (03-15-2011) - [PDF]
Day 62 (03-14-2011) - [PDF]
Day 61 (03-13-2011) - [PDF]
Day 59 (03-11-2011) - [PDF]
Day 58 (03-10-2011) - [PDF]
Day 57 (03-09-2011) - [PDF]
Day 56 (03-08-2011) - [PDF]
Day 55 (03-07-2011) - [PDF]
Day 52 (03-04-2011) - [PDF]
Day 51 (03-03-2011) - [PDF]
Day 50 (03-02-2011) - [PDF]
Day 49 (03-01-2011) - [PDF]
Day 48 (02-28-2011) - [PDF]
Day 45 (02-25-2011) - [PDF]
Day 44 (02-24-2011) - [PDF]
Day 43 (02-23-2011) - [PDF]
Day 42 (02-22-2011) - [PDF]
Day 41 (02-21-2011) - [PDF]
Day 38 (02-18-2011) - [PDF]
Day 37 (02-17-2011) - [PDF]
Day 35 (02-15-2011) - [PDF]
Day 34 (02-14-2011) - [PDF]
Day 31 (02-11-2011) - [PDF]
Day 30 (02-10-2011) - [PDF]
Day 29 (02-09-2011) - [PDF]
Day 28 (02-08-2011) - [PDF]
Day 27 (02-07-2011) - [PDF]
Day 24 (02-04-2011) - [PDF]
Day 23 (02-03-2011) - [PDF]
Day 22 (02-02-2011) - [PDF]
Day 21 (02-01-2011) - [PDF]
Day 20 (01-31-2011) - [PDF]
Day 17 (01-28-2011) - [PDF]
Day 16 (01-27-2011) - [PDF]
Day 15 (01-26-2011) - [PDF]
Day 14 (01-25-2011) - [PDF]
Day 13 (01-24-2011) - [PDF]
Day 10 (01-21-2011) - [PDF]
Day 09 (01-20-2011) - [PDF]
Day 08 (01-19-2011) - [PDF]
Day 07 (01-18 2011) - [PDF]
Day 06 (01-17 2011) - [PDF]
Day 03 (01-14-2011) - [PDF]
Day 02 (01-13-2011) - [PDF]
Day 01 (01-12-2011) - [PDF]
Day 36 (02-16-2011) - [PDF]
hdj2011-01-27-16


__________*__________




Thursday, January 27, 2011

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 26, 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 Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 26 - "Requesting the Division of Highways to name that portion of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, as the 'Fort Pearsall Highway'."
Whereas, U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, bisects the original Fairfax grant given to Job Pearsall as documented by the 1751 map by Jefferson and Frye; and
Whereas, The colonial history of the region is represented by the building of a fort by Job and John Pearsall in the location of the Pearsall Land Grant later known as Pearsall's Flats; and
Whereas, The largest Hopewell Indian Mound east of the Ohio River and dating from 1000 A.D. is situated in Indian Mound Cemetery overlooking this stretch of highway; and
Whereas, The home known as Mechanicsburg, which has stood since the Antebellum Period at the intersection of Fox's Hollow Road and U. S. Route 50, witnessed some of the earliest fighting in the American Civil War; and
Whereas, The South Branch River Road that was used as a vital link for traffic in the South Branch of the Potomac River Valley intersects with U. S. Route 50 a short distance from Romney and was the venue for the murder of Confederate Captain George W. Stump; and
Whereas, Sycamore Dale, the substantial brick home of David Gibson which narrowly escaped being burned during the American Civil War by Colonel Lew Wallace and his Force of 11th Indiana Zouave Infantry and was the location for the surrender of Confederate Partisans McNeill's Rangers, stands as a silent witness to the comings and goings of the Northwestern Turnpike and its successor U. S. Route 50; and
Whereas, The Romney Covered Bridge and its successors near Sycamore Dale and Romney have carried U. S. Route 50 over the South Branch of the Potomac River since the building of the Northwestern Turnpike; and
Whereas, The original bridge was documented in period Civil War lithographs and later burned by retreating Confederates during the Civil War; and
Whereas, The Union Army fort atop Mill Ridge and known as Fort Mill Ridge was built to guard the western approaches to Romney and to command traffic in the South Branch of the Potomac River Valley; and
Whereas, The Hampshire Southern Railroad laid its tracks crossing U. S. Route 50 a short distance west to herald the arrival of commuter and freight service in the South Branch of the Potomac River Valley at Vanderlip in 1909; and
Whereas, The City of Romney will be celebrating its 250th Anniversary in 2012 and a special committee made up of hardworking, dedicated citizens from throughout Hampshire County has done much planning and work to ensure that the determination and sacrifices of our ancestors and our heritage are properly preserved and honored; and
Whereas, It is fitting to designate that section of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, some 3.7 miles west of Romney more or less, as the "Fort Pearsall Highway" in recognition of the long and varied history of the area; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name that portion of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, as the "Fort Pearsall Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying that portion of U. S. Route 50 in Hampshire County from its intersection with School Street in Romney, West Virginia, west to its intersection with Fox's Hollow Road, a distance of 3.7 miles more or less, as the "Fort Pearsall Highway"; 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 the members of the Romney 250th Anniversary Committee.
Delegate Caputo, Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Cann, Canterbury, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ellington, Ennis, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kominar, Kump, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Nelson, O'Neal, Overington, Pasdon, Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Walters, Wells, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 27 - "Urging the Citizen's Stamp Advisory Committee of the United States Postal Service to approve and issue a commemorative postage stamp honoring the achievements and contributions of the coal miner to the United States."
Whereas, Billions of tons of coal have been, and will continue to be, extracted from the mines of twenty-six states in the United States for use in industry and households; and
Whereas, Over one hundred thousand miners have died in the extraction of coal; little recognition has been given to the coal miner who worked long hours in poor working conditions in order to make the United States of America the economic and military power it is today; and
Whereas, Every year new sets of approved postage stamps are circulated for sale illustrating every topic from plants, vegetables, trees and cartoon characters to snowflakes. Included in the variety of stamps issued are those recognizing the extraordinary accomplishments of human beings. It is important to preserve the historical contributions made by the American Coal Miner and it is time to have a stamp issued commemorating America's coal miner; therefore, be it
Resolved by the Legislature of West Virginia:
That the Citizen's Stamp Advisory Committee of the United States Postal Service is urged to approve and issue a commemorative postage stamp honoring the achievements and contributions of the coal miner to the United States; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this Resolution to the Citizen's Stamp Advisory Committee of the United States Postal Service.
Delegates Armstead, Anderson, Andes, Ashley, Barker, Boggs, Border, Brown, Cann, Carmichael, Ellem, Ellington, Evans, Fleischauer, Fragale, Frazier, Gearheart, Guthrie, Hall, Hamilton, Hatfield, Howell, Iaquinta, Ireland, Lane, Lawrence, Longstreth, Marshall, Martin, C. Miller, Moore, Moye, O'Neal, Pasdon, L. Phillips, Pino, D. Poling, M. Poling, Poore, Romine, Rowan, Savilla, Snuffer, Sobonya, Storch, Sumner, Varner, Walker and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 12 - "Encouraging West Virginia's middle and high schools to help promote breast cancer awareness by hosting 'pink' sports and recreational events during the month of October."
Whereas, Middle school and high school students are often faced with a parent, grandparent or loved one being diagnosed with breast cancer; and
Whereas, Breast cancer is the second-most common cancer among women in the United States; and
Whereas, Annual breast cancer screenings are extremely important, especially in women over 40; and
Whereas, Mammography is the best available method of detecting breast changes that may be cancer, long before physical symptoms can be seen or felt; and
Whereas, Since its inception, mammography use has doubled and breast cancer death rates have declined; and
Whereas, Breast cancer deaths could further decline if all women age 40 and over received mammograms at regular intervals; and
Whereas, Educating West Virginia women about the importance of early detection for breast cancer is essential; and
Whereas, West Virginia's public schools are an integral part of the communities in which they are located and sports and recreational events held at the schools are likely to be attended by many members of the community; therefore, be it
Resolved by the House of Delegates
That the House of Delegates recognizes the importance of breast cancer awareness, early detection, and annual screenings; and, be it
Further Resolved
, That the House of Delegates hereby encourages West Virginia's middle and high schools to help promote breast cancer awareness by hosting "pink" sports and recreational events during the month of October; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the principals of West Virginia's middle and high schools.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 12) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Delegates Anderson, Andes, Armstead, Azinger, Barill, Boggs, Brown, Cann, Caputo, Cowles, Craig, Crosier, Doyle, Duke, Ellem, Ennis, Evans, Ferns, Ferro, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Householder, Howell, Hunt, Iaquinta, Ireland, Jones, Kump, Lane, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, C. Miller, J. Miller, Moore, Morgan, O'Neal, Pasdon, Paxton, Perdue, Perry, Pethtel, R. Phillips, Pino, D. Poling, Poore, Romine, Rowan, Savilla, Shaver, Sigler, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Talbott, Varner, Walker, Walters, White and Williams offered the following resolution, which was read by its title as follows:
H. R. 13 - "Recognizing the West Virginia Press Association on January 27, 2011."
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 27, 2011; 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 requested to forward a copy of this resolution to the West Virginia Press Association.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the resolution (H. R. 13) to a committee was dispensed with, and it was taken up for immediate consideration and adopted.
Committee Reports

Chairman Butcher, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration:
H. B. 2568, Agriculture, inspection of meat and poultry,
H. B. 2569, Agriculture, general groundwater protection rules,
And,
H. B. 2605, Agriculture, apiary rule,
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. 2568, H. B. 2569 and H. B. 2605) were each 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. 2451, Relating to victim impact statements,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2451 - "A Bill to amend and reenact §61-11A-2 of the Code of West Virginia, 1931, as amended, relating to victim impact statements; including in the definition of 'victim' the immediate family members or estate representative of a person killed during the commission of a misdemeanor; and providing that a prosecuting attorney make reasonable efforts to contact certain persons who are known to the prosecuting attorney,"
And,
H. B. 2539, Authorizing the West Virginia State Police to only use the services of the state designated laboratory at the Marshall University Forensic Science Center for certain testing and research,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2539 - "A Bill to amend and reenact §15-2B-3 and §15-2B-5 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia State Police to enter into agreements with the Marshall University Forensic Science Center,"
With the recommendation that the committee substitutes each do pass.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
H. B. 2532, Zipline Responsibility Act,
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. 2532) 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. 2054, Increasing the maximum cash award the Employee Suggestion Award Board may make,
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. 2054) was referred to the Committee on Finance.
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. 2588, Insurance Commission, suitability in annuity transactions,
H. B. 2589, Insurance Commission, actuarial opinion and memorandum rule,
H. B. 2590, Insurance Commission, credit personal property,
H. B. 2591, Insurance Commission, valuation of life insurance companies,
H. B. 2592, Insurance Commission, recognition of preferred mortality tables,
H. B. 2593, Insurance Commission, professional employer organizations,
H. B. 2594, Insurance Commission, HMO point of service option,
H. B. 2620, Insurance Commission, insurance adjusters,
H. B. 2622, Insurance Commission, property and casualty actuarial opinion,
And,
H. B. 2623, Insurance Commission, credit life insurance, credit accident and sickness insurance, credit unemployment insurance,
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. 2588, H. B. 2589, H. B. 2590, H. B. 2591, H. B. 2592, H. B. 2593, H. B. 2594, H. B. 2620, H. B. 2622 and H. B. 2623) were each 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. 2543, Relating to unemployment benefits for certain spouses of military personnel,
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. 2543) was referred to the Committee on Finance.
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. 2544, Relating to disposition of the remains of a deceased military service member who dies while serving,
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. 2544) was 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. 2583, WV Bureau for Public Health, public water systems,
H. B. 2585, WV Bureau for Public Health, cancer registry,
And,
H. B. 2598, Pharmacy, controlled substances monitoring.
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. 2583, H. B. 2585 and H. B. 2598) 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. 2013, Requiring the West Virginia Enhanced 911 Council to propose Emergency Medical Dispatch procedures,
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. 2013) 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 2752, Increasing the maximum age for persons applying for appointment for the police force in a Class I or Class II city from thirty-five to forty years,
And reports 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. 2752) 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 Hartman, Williams, Michael, Crosier, Perry, Romine and D. Campbell

[By Request of the Division of Forestry]:
H. B. 2880 - "A Bill to amend and reenact §15-10-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §19-1A-6; to amend and reenact §20-7-1 of said code; and to amend and reenact §30-29-1 of said code, all relating to establishing forestry officers and special forestry officers; and providing the Director of the Division of Forestry the power to establish law-enforcement practices and procedures for the division"; to the Committee on Natural Resources then the Judiciary.
By Delegates Staggers, Longstreth, D. Campbell, Swartzmiller, Martin, Moye, Morgan, Stephens and Hatfield:

H. B. 2881 - "A Bill to amend and reenact §30-7-15a and §30-7-15b of the Code of West Virginia, 1931, as amended, all relating to authorizing the Board of Examiners for Registered Professional Nurses to govern the practice of advanced nurse practitioners; setting forth the conditions under which advanced nurse practitioners may prescribe drugs; eliminating the prohibition of advanced nurse practitioners from not being able to prescribing drugs listed in Schedules I and II of the Uniform Controlled Substances Act; changing the educational requirements for advanced nurse practitioners; and granting rulemaking authority"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Perry, Moore, Reynolds, Hall, Walters, Hartman, J. Miller, Azinger and Ashley

[By Request of the Division of Banking]:
H. B. 2882 - "A Bill to amend and reenact §31A-2-8 of the Code of West Virginia, 1931, as amended, relating to the Commissioner's Assessment and Examination Fund; allowing the Commissioner of Banking to assess state banking institutions quarterly rather than on a semiannual basis by establishing additional assessment dates on April 1 and October 1; and providing that the Commissioner of Banking shall prepare and send bank assessments by March 15 and September 15"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, Guthrie, Fragale and Manypenny:

H. B. 2883 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog breeding operations"; to the Committee on the Judiciary.
By Delegates Hunt, Fragale, Hartman, Barker, Martin, Guthrie and Sobonya:

H. B. 2884 - "A Bill to amend and reenact §21-9-11a of the Code of West Virginia, 1931, as amended, relating to establishing a statute of limitations regarding claims involving manufactured housing; deferral period for inspection and administrative remedies; and clarifying that the filing of complaints must first be made to the State Regulatory Board"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Ellem, D. Campbell, Perdue, Poore, Barill, Fleischauer, Border, Moore, Hatfield and Rodighiero:

H. B. 2885 - "A Bill to amend and reenact §44A-1-8 of the Code of West Virginia, 1931, as amended, relating to the eligibility of guardians or conservators to be hired to provide care to a protected person through employment with a behavioral health provider in certain circumstances"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Householder, Overington, J. Miller, Gearheart, Michael, Cowles and Kump:

H. B. 2886 - "A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to the calculation of prevailing wages by changing the process and considerations and, also, altering the procedure used for hearing objections"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Frazier, Ellington, Mahan, Brown, Marshall, Lawrence, Barill, Hall, Hatfield and Hunt:

H. B. 2887 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new section, designated §33-16-3v, all relating to requiring health insurance coverage for eosinophilic disorders"; to the Committee on Banking and Insurance then Finance.
By Delegates Hamilton, Barker, M. Poling, Mahan, Marshall, Moore, D. Poling, Caputo, Longstreth, Ellem and Savilla:

H. B. 2888 - "A Bill to amend and reenact §22A-1-22 of the Code of West Virginia, 1931, as amended, relating to the strengthening of protections for whistleblowers of unsafe working conditions in mines"; to the Committee on the Judiciary.
By Delegates Marshall, Caputo, Fleischauer, Barill and Lawrence:

H. B. 2889 - "A Bill to amend and reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended, relating to creating the 'Jason Flatt Act of 2011'; providing routine education of all professional educators and those school service personnel having direct contact with students on suicide prevention by center for professional development; providing for state board guidelines; and providing for delivery options"; to the Committee on Education then Finance.
By Delegates Ashley and Manchin:

H. B. 2890 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-13BB-10, §11-13BB-11, §11-13BB-12, §11-13BB-13 and §11-13BB-14, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy-efficient building; defining terms; establishing the amount of tax credit permitted; providing that the tax credit is transferrable; authorizing rulemaking; and requiring reports to be made"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Rodighiero:

H. B. 2891 - "A Bill to amend and reenact §62-11D-3 of the Code of West Virginia, 1931, as amended, relating to subjecting persons convicted of sexual crimes to 'GPolitical Subdivisions' monitoring for the duration of their life"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny, Swartzmiller, D. Poling, Caputo, Perdue, Frazier, Moore, Morgan and Barill:

H. B. 2892 - "A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to permitting specific law enforcement officials access to certain confidential pharmaceutical information to identify unusual prescription drug behavior; requiring the State Board of Pharmacy to issue periodic reports to certain law-enforcement officials that identify abnormal prescription practices; and granting rulemaking authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Manchin, Longstreth and Caputo:

H. B. 2893 - "A Bill to amend and reenact §62-11B-12 of the Code of West Virginia, 1931, as amended, relating to the Home Incarceration Act; supervision of home incarceration by circuit court; and providing that the sentencing court may transfer the supervision of a person ordered to home confinement to the probation office of another circuit for supervision"; to the Committee on the Judiciary.
By Delegates Hamilton, Hartman, D. Campbell, Snuffer, Talbott, Manypenny, Michael, Ireland, Evans, Azinger and Ferro:

H. B. 2894 - "A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to taking back the surcharge on fire and casualty insurance policies to one percent and have this surcharge benefit volunteer and part-volunteer fire departments"; to the Committee on Banking and Insurance then Finance.
By Delegates Perry, Moye, Pino, Hall, Frazier, Moore, Martin and Shaver:

H. B. 2895 - "A Bill to amend and reenact §18A-2-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to sign language interpreter certification and commercial driver's license for school service personnel; and adding and changing classification of service personnel"; to the Committee on Education then Finance.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2896 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to state owned vehicles"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2897 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2898 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2899 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2900 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2901 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to explosives and blasting"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2902 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2903 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2904 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2905 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to a safety and treatment program"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2906 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to oral pharmaceutical prescriptive authority"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2907 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to injectable pharmaceutical agents certificates"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2908 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2909 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing"; to the Committee on the Judiciary.
By Delegates Brown, D. Poling, Fleischauer and Talbott:

H. B. 2910 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering"; to the Committee on Finance then the Judiciary.
By Delegates Brown, D. Poling, Fleischauer, Talbott, Overington and Sobonya:

H. B. 2911 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer's Office to promulgate a legislative rule relating to the establishment of imprest funds"; to the Committee on Finance then the Judiciary.

House Calendar

Third Reading

Com. Sub. for H. B. 2525, Relating to the practice of social work; 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. 17), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Gearheart, Householder, Kump, Lane, J. Miller, Savilla and Walters.
Absent and Not Voting: Caputo, Crosier and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2525) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 18), and there were--yeas 91, nays 6, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Cowles, Gearheart, Householder, Kump, J. Miller and Savilla.
Absent and Not Voting: Caputo, Crosier and Mahan.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2525) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2517, Allowing Correctional Industries to directly purchase workers' compensation coverage for inmates,
Com. Sub. for H. B. 2520, Relating to centers for housing young adult offenders,
And,
H. B. 2648, Increasing the faculty senate allotment for classroom teachers and librarians.
First Reading

H. B. 2551, Relating generally to estates and trusts and their administration; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Remarks of Members

Delegate Hunt addressed the House concerning fiscal notes on autism legislation, and at the conclusion of his remarks, Delegate Fleischauer asked and obtained unanimous consent that they be printed in the Appendix to the Journal.
Delegates Armstead, Cowles, Barker, Fleischauer and Cann addressed the House concerning the special election for Governor, and at the conclusion of their remarks, Delegate Andes asked and obtained unanimous consent that the remarks of Armstead and Cowles be included in the Appendix to the Journal.
Delegate Lane then asked and obtained unanimous consent that the remarks of Delegates Barker, Fleischauer and Cann regarding the election of Governor also be included in the Appendix to the Journal.
Leaves of Absence

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

Delegate Talbott requested that the Journal record him as voting "Yea" on Roll Call Nos. 12 through 16 on yesterday, stating that he had been necessarily absent.
At 12:02 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, January 28, 2011.

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