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House Journal


Day 01 (01-11-2012)
Day 02 (01-12-2012)
Day 03 (01-13-2012)
Day 06 (01-16-2012)
Day 07 (01-17-2012)
Day 08 (01-18-2012)
Day 09 (01-19-2012)
Day 10 (01-20-2012)
Day 13 (01-23-2012)
Day 14 (01-24-2012)
Day 15 (01-25-2012)
Day 16 (01-26-2012)
Day 17 (01-27-2012)
Day 20 (01-30-2012)
Day 21 (01-31-2012)
Day 22 (02-01-2012)
Day 23 (02-02-2012)
Day 24 (02-03-2012)
Day 27 (02-06-2012)
Day 28 (02-07-2012)
Day 29 (02-08-2012)
Day 30 (02-09-2012)
Day 31 (02-10-2012)
Day 34 (02-13-2012)
Day 35 (02-14-2012)
Day 36 (02-15-2012)
Day 37 (02-16-2012)
Day 38 (02-17-2012)
Day 41 (02-20-2012)
Day 42 (02-21-2012)
Day 43 (02-22-2012)
Day 44 (02-23-2012)
Day 45 (02-24-2012)
Day 48 (02-27-2012)
Day 49 (02-28-2012)
Day 50 (02-29-2012)
Day 51 (03-01-2012)
Day 52 (03-02-2012)
Day 55 (03-05-2012)
Day 57 (03-07-2012)
Day 58 (03-08-2012)
Day 61 (03-11-2012)
hdj2012-02-08-29


__________*__________




Wednesday, February 8, 2012

TWENTY-NINTH 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 Rick Thompson, Speaker.
     Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
     The Clerk proceeded to read the Journal of Tuesday, February 7, 2012, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4101, Authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4101 - "A Bill to amend and reenact §18A-3-1 and 18A-3-2a of the code of West Virginia, 1931, as amended, all relating to teacher preparation and certification; authorizing certification under certain conditions of teachers certified in another state who did not graduate from regionally accredited institution; authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching; defining teacher-in-residence programs and providing minimum requirements; providing use of certain funds for program support and student stipend; creating teacher-in-residence permit and specifying conditions; conforming sections to other provisions of law and removing duplicative and outdated language; and authorizing counties with comprehensive induction programs to use consistent structure for supervision and training of student teachers,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 4101) to the Committee on the Judiciary was abrogated.
     Chairman Poling, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration:
     H. B. 4122, Relating to alternative programs for teacher education,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4122 - "A Bill to amend and reenact §18A-3-1a and §18A-3-1b of the Code of West Virginia, 1931, as amended, all relating to alternative programs for teacher education; providing definitions; including entity affiliated with approved teacher education programs to be a partner in offering programs; defining approved education provider; generally reorganizing section, updating terms and eliminating duplicative language; allowing participation of candidates pursuing certification to teach American Sign Language; eliminating requirement to post position of alternative program teacher each year prior to rehiring; authorizing alternative methods of instructional delivery and candidate supervision and modifying existing methods; modifying reporting and recommendation requirements; and requiring certain legislative rules,"
     With the recommendation that the committee substitute do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
     In the absence of objection, reference of the bill (Com. Sub. for H. B. 4122) to the Committee on Finance was abrogated.
     Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration:
     H. B. 4012, Removing the Commissioner of the Bureau for Public Health from certain boards,
     And reports back a committee substitute therefor, with a new title, as follows:
     Com. Sub. for H. B. 4012 - "A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-16-4 of said code; to amend and reenact §30- 23-5 of said code; and to amend and reenact §30-26-3 and §30-26-4 of said code, all relating to boards; changing the membership of boards; removing the Commissioner of the Bureau for Public Health from certain boards; removing the requirement that the commissioner provide support to certain boards; allowing certain boards to receive compensation not to exceed the amount paid to legislators; and updating the name of certain boards,"
     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. 4422, Relating to crane operator certification
     And reports back a committee substitute therefor, with the same title, as follows:
     Com. Sub. for H. B. 4422 - "A Bill to amend and reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4 and §21-3D-9 of the Code of West Virginia, 1931, as amended, all relating to crane operator certification; redefining the term 'crane'; expanding the type of equipment for which certification is required to operate; requiring adherence to standards established by the Occupational Safety and Health Administration of the United States Department of Labor; eliminating the dual classification system as of November 10, 2014; authorizing the Commissioner of Labor to issue notices to cease and desist unlawful practices; authorizing the Commissioner of Labor to apply to the circuit court for injunctive relief; limiting reciprocity provisions; and deleting obsolete provisions,"
     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. 4110, Requiring agencies to review their legislative rules,        
     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. 4110) was referred to the Committee on the Judiciary.
Messages from the Senate

     A message from the Senate, by
     The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect from passage, a bill of the House of Delegates, as follows:
     Com. Sub. for H. B. 4078, Extending certain deadlines for mandated actions regarding higher education personnel.
     On motion of Delegate Boggs, the bill was taken up for immediate consideration.
     The following Senate amendment was reported by the Clerk:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     "That §18B-2A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §18B-9A-9, all to read as follows:
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-3. Supervision of governing boards; promulgation of rules.
     (a) The governing boards are subject to the supervision of the commission or the council, as appropriate, except in those instances where specific statutory exceptions are granted by law to the governing boards of Marshall University and West Virginia University.
     (b) The governing boards of all state institutions of higher education are subject to the provisions of law that relate to the administration of personnel matters including, specifically, articles seven, eight, nine and nine-a of this chapter and to rules promulgated and adopted in accordance with these provisions.
     © The Chancellor for Higher Education and the Chancellor for Community and Technical College Education, under the supervision of their respective boards, are responsible for the coordination of policies, purposes and rules of the governing boards and shall provide for and facilitate sufficient interaction among the governing boards and between the governing boards and the state Board of Education to meet the goals and objectives provided in the compacts and in section one-a, article one and article one-d of this chapter.
     (d) The governing boards and the state Board of Education shall provide all information requested by the commission and the council, whether the request is made separately or jointly, in an appropriate format and in a timely manner.
     (1) Each governing board shall cooperate with the West Virginia Network for Educational Telecomputing (WVNET) in designing appropriate interfaces with the databases of institutions under its jurisdiction and shall grant WVNET direct access to these databases.
_____(2) WVNET, on behalf of the commission and/or council, shall generate reports from the data accessed for the purposes set forth in sections eight and ten, article one-d of this chapter.
_____(3) All data accessed or received from an institution shall be treated in a manner consistent with the privacy protections outlined in section ten, article one-d of this chapter.
_____(4) The commission may revoke the eligibility of a state institution to participate in any state financial aid program set forth in chapter eighteen-c of this code for failure to comply promptly and in an appropriate manner with the provisions of this section.

ARTICLE 9A. Classification and compensation
§18B-9A-9. Extension of deadlines and change of date for calculation of salary funding target.
     
(a) The deadline of December 1, 2011, set out in subsection (a), section eight, article seven of this chapter, for an initial report on the progress in designing, developing, implementing and administering the personnel classification and compensation system for higher education is extended to December 1, 2012.
     (b) The deadline of October 1, 2011, set out in subsection (a), section nine, article seven of this chapter, for an initial human resources review of each higher education organization is extended to June 30, 2012.
     © The deadline of January 1, 2012, set out in section sixteen, article seven of this chapter, for a completion of a study of certain employment practices is extended to June 30, 2012.
     (d) The deadline of July 1, 2012, set out in subsection (g), section four of this article, to have up-to-date job descriptions for every classified position is extended to December 1, 2012.
     (e) The deadline of November 1, 2011, set out in section seven of this article, to propose emergency rules and legislative rules to implement the provisions of this article and articles seven, eight and nine of this chapter is extended to July 1, 2012.
     (f) The deadline of December 1, 2011, set out in subdivision five, subsection (b), section eight of this article, to report the findings of the necessity of a human resources information system is extended to June 30, 2012.
     (g) The date of October 2010, set out in subsection ©, section three, article nine of this chapter, for calculating the salary funding target, is changed to October 2011."
     And,
     By amending the title of the bill to read as follows:
     Com. Sub. for H. B. 4078- "A Bill to amend and reenact §18B-2A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-9A-9, all relating to the higher education policy commission and council for community and technical college education; directing institutional boards of governors to cooperate with West Virginia Network for Educational Telecomputing in certain data-related operations; requiring certain reports and providing certain privacy protections; setting forth certain penalties for noncompliance; modifying dates; changing the date for a certain calculation; and extending certain deadlines for mandated actions regarding higher education personnel."
     On motion of Delegate Boggs, the House of Delegates refused to concur in the Senate amendment and requested the Senate to recede therefrom.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     A message from the Senate, by
     The Clerk of the Senate, announced the adoption by the Senate, without amendment, of concurrent resolutions of the House of Delegates as follows:
     H. C. R. 2, The "PVT Ervin L. Arnold Memorial Bridge",
     H. C. R. 3, The "Warrant Officer Dale Shaheen Memorial Bridge",
     H. C. R. 4, The "Gordon M. Sorrell Memorial Bridge",
     H. C. R. 5, The "Adkins Brothers Memorial Road",
     H. C. R. 11, The "Cpl. Druey L. Hatfield Memorial Bridge",
     H. C. R. 12, The "Cpl. Robert F. Lohr Memorial Bridge",
     H. C. R. 13, The "Reverend Glenn White Jr. Bridge",
     H. C. R. 14, The "LCPL Danny M. Greene Memorial Bridge",
     H. C. R. 17, The "Chester William Fields Sr. Memorial Bridge",
     H. C. R. 25, The "Samuel L. 'Monty' Shelton Memorial Bridge",
     H. C. R. 31, The "GMGC Bobby Lee Jarrell United States Navy Memorial Bridge",
     H. C. R. 41, The "Sgt. Dewey Marcum Memorial Bridge",
     And,
     H. C. R. 42, The "Staff Sergeant Sidney H. Blankenship Memorial Bridge".
Resolutions Introduced

     Delegate Perdue and Mr. Speaker, Mr. Thompson offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 52 - "Requesting that bridge 50-152-32.48 on State Route 152, in Wayne County, West Virginia, be named the 'George William Brumfield Memorial Bridge'."
     Whereas, George William Brumfield was born November 10, 1923, in Huntington, West Virginia; and
     Whereas, George William Brumfield served his country with honor and distinction in the United State Army from March 31, 1943, until March 16, 1946, obtaining the rank of staff sergeant; and
     Whereas, Staff Sergeant George William Brumfield served in the central European campaign during World War II and received North African, Middle Eastern and European Ribbons as well as the American Theater Ribbon, the World War II Victory Ribbon and the Good Conduct Medal; and
     Whereas, George William Brumfield was a long-time community leader and steward of Wayne County, and served as Mayor of the Town of Wayne and Chief of the Fire Department; and
     Whereas, George William Brumfield died July 15, 2006; and
     Whereas, The Brumfield family homestead is located on Route 152 near Wayne, West Virginia; and
     Whereas, The community of Wayne wishes to honor the memory of George William Brumfield for his many contributions to the community by naming in his honor Bridge 50-152-32.48 on State Route 152 in Wayne County, West Virginia, which adjoins his family homestead on State Route 152 near the Town of Wayne; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge 50-152-32.48 on State Route 152, in Wayne County, West Virginia, the "George William Brumfield Memorial Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "George William Brumfield Memorial Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, and to Mrs. Ilene T. Brumfield, at Wayne, West Virginia, 25570.
     Delegates Manypenny, Anderson, Boggs, Border, Brown, Canterbury, Doyle, Fleischauer, Guthrie, Hatfield, Longstreth, Manchin, Moore, Moye, Perdue, M. Poling, ROmine, Shaver, SIgler, Stephens, Talbott and Wells offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 53 - "Requesting that the Joint Committee on Government and Finance authorize a study of the relationship between increases in seismic events and hydrocarbon production and exploration in the State of West Virginia."
     Whereas, The production of natural gas by horizontal drilling is of considerable economic importance to the State of West Virginia; and
     Whereas, The most recent information available to the Legislature indicates the potential for increases in seismic activity that correlate to increases in hydrocarbon production and waste injection; and
     Whereas, The Department of Environmental Protection and the State of West Virginia lack the research necessary to accurately account for recent earthquakes in Braxton County; and
     Whereas, Most recent scientific evidence indicates injection induced seismic activity presents serious concerns for human health, environmental stability and property security in the State of West Virginia; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to authorize a study of the phenomenon of increased seismic activity in the State of West Virginia; and, be it
     Further Resolved,
That the Department of Environmental Protection, in conjunction with the Bureau for Public Health, be requested to conduct or contract to have conducted a comprehensive study including the following: (1) A hazard analysis of injection induced seismic activity which includes quantitative estimates of the likelihood of future seismic events in regions where Marcellus well drilling and waste injection occurs; (2) a risk analysis to determine possible damage to human life, environmental stability and building structures related to injection induced seismic activity as well as all monetary costs resulting from such damages; and (3) any other considerations that the Department of Environmental Protection and the Bureau for Public Health believe important; and, be it
     Further Resolved, That the Department of Environmental Protection and the Bureau of Public Health cooperate with the Joint Committee on Government and Finance related to this study; and, be it
     Further Resolved, That the Department of Environmental Protection and the Bureau for Public Health report to the Joint Committee on Government and Finance their findings, conclusions and recommendations on or before May 25, 2013; and, be it
     Further Resolved, That the Department of Environmental Protection and the Bureau for Public Health prepare and submit a request to the Joint Committee on Government and Finance setting forth the anticipated time necessary to conduct each phase of the study and if any funds in addition to the current amounts appropriated to the Department of Environmental Protection and Bureau for Public Health are necessary to carry out the study, submit a specific proposal for additional funds; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on the progress of the study with findings, conclusions and recommendations, if any, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid for legislative appropriations to the Joint Committee on Government and Finance.
     Delegates Caputo, Manchin, Longstreth, Perdue, Barill, Talbott, Moore, Marshall and Hunt offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 54 - "Requesting that the Joint committee on Government and Finance authorize a study on the compliance of the Americans with Disabilities Act in state governmental buildings throughout the State of West Virginia."
     Whereas, The Americans with Disabilities Act guarantees equal opportunity for people with disabilities in public accommodations, commercial facilities, employment, transportation, state and local governmental services and telecommunications; and
     Whereas, Fifty-four million people in the United States have a disability; and
     Whereas, Thirteen million people fifteen years of age and older use a wheelchair or walking aid; and
     Whereas, Updating state governmental facilities and ensuring compliance with the Americans with Disabilities Act will provide accessibility for people with disabilities across the Mountain State; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study compliance with the Americans with Disabilities Act in state governmental buildings throughout the State of West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendation; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Delegates White and Marcum offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 55 - "Requesting the Division of Highways to name the intersection of King Coal Highway and the Horsepen connector at the head of Ben Creek and Pigeon Creek in Mingo County, West Virginia, as the 'Walter R. Akers Memorial Intersection'."
     Whereas, Mr. Walter "Walt" R. Akers, son of the late Walker and Evelyn Buchanan Akers, was born on December 23, 1947, in Matewan, Mingo County, West Virginia, and died on January 25, 2011. Mr. Akers was raised in the Ben Creek area of Mingo County, attending Gilbert High School; and
     Whereas, Walt Akers, at the age of seventeen, joined the United States Army in 1965 and served his country, including a year tour in Viet Nam, until honorably discharged in 1968; and
     Whereas, Following the war, Walt Akers, like most young people during that time period, had to leave West Virginia in order to find work; first, working for Ford Motor Company in Michigan then, later, working in the steel industry in Ohio; and
     Whereas, Not being satisfied outside of his beloved home state, Walt Akers returned to West Virginia within a short time period to find work and start his family and, in 1970, married his wife, Judy, and moved to the Pigeon Creek area of Mingo County where he resided for the rest of his life; and
     Whereas, In 1970, Walt Akers began his long career in West Virginia's coal industry, first, as an underground coal miner, migrating to a surface coal miner and working his way from equipment operator to pit boss to foreman and, finally, superintendent; and
     Whereas, During his mining career, Walt Akers took special pride in the mine's reclamation process, ensuring that the reclaimed mine areas were not only aesthetically pleasing but that the areas would be productive into the future; and
     Whereas, Walt Akers was considered a perfectionist among his colleagues and peers and, also, a "people" person, generously sacrificing his time and resources to guarantee the safety of the men who worked for him and, also, to address any personal need or issue; and
     Whereas, Walt Akers not only displayed his generous and caring nature to those within his professional environment but also to his local community and its residents; and
     Whereas, For the last seven years of Walt's career, he put his talents and community pride to work in furthering the construction of the Red Jacket Section of the King Coal Highway in Mingo County, an approximate fourteen miles of four-lane roadbed; and
     Whereas, In the massive earth-moving project known as King Coal Highway, Walt, acting as foreman, was a key player who, in addition to actual construction of the roadbed, spent countless hours, not including his regular work shift, working with and explaining the project to the community; and
     Whereas, In addition to the earth moving side of the King Coal Highway project, Walt Akers focused on ensuring that areas adjacent to the roadway were left in a configuration that would be suitable for future development and serve as an attraction to recruit other industries to Mingo County; and
     Whereas, In addition to creating future development sites, Walt was instrumental in the development of an eighty acre-plus site for the new Mingo County High School , taking great care to add touches to the site's configuration that would add value to the school's view and useable area; and
     Whereas, Walt Akers made a habit of staying late after his shift to make sure the next shift understood the project's design and need for proper placement of excavated material whether on the roadbed or at the eighty acre-plus site and, after finally leaving the work site, would keep his company radio on into the early morning hours in case a question or problem occurred regarding the roadbed construction; and
     Whereas, Following the flood of 2009, Walt experienced a fall from a ladder while fixing the roof on his home, suffering very serious injury resulting in hospitalization but, nevertheless, was so extraordinarily committed to ensuring that the roadway would be completed to serve Mingo County that, even while hospitalized following this tragic accident, he kept his cell phone close for calls and was convinced that he could oversee, despite being paralyzed from the waist down, his part of the road construction from a specially equipped pickup truck; and
     Whereas, Walt Akers' dedication to the road project continued while he was in the hospital in that, despite his severe injuries, when he was able to communicate, he would take calls from his crew to find out how the project was going and to offer his advice on the construction; and
     Whereas, Walt Akers lived and breathed coal and was a great ambassador for coal; and
     Whereas, When Walt was not talking about his work, his focus was on how to address the needs of the community; on his dedication to his wife Judy; the accomplishments of his son, Dr. Scot Akers; and his love for his grandson, Zachary Akers; and
     Whereas, Walt Akers - his dedication to his job, his family, his community, his state and his nation - deserves recognition as a person who has served as the fabric of his community, his job and our state and the constructor of grand accomplishments within West Virginia's borders; and
     Whereas, The naming of an intersection in honor of Walter "Walt" R. Akers is but a small gesture of gratitude and appreciation for Mr. Akers relentless, loyal, dedicated, generous and competent services in aid of everything he touched and one whose life symbolizes those often unseen and unheard workers whose work, performed with pride and unwavering dedication, has built this state; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name the intersection of King Coal Highway and the Horsepen connector at the head of Ben Creek and Pigeon Creek in Mingo County, West Virginia, as the "Walter R. Akers Memorial Intersection"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the intersection as the "Walter R. Akers Memorial Intersection"; 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; to Mr. Akers' son, Dr. Scott Akers; to Mr. Akers' grandson, Zachary Scott Akers; to Mr. Akers' two brothers, Floyd William Akers and Terry Michael Akers; to Mr. Akers' three sisters, Waldeen Hatfield, Linda Gail Maynor and Joann Walls; and, to Mr. Mike Castle.
     Delegates Walker, Boggs and Ashley offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 56 - "Requesting that bridge number 11-17-0.10 on County Route 17 in Gilmer County, West Virginia, be named the 'Lucille Stalnaker Bridge'."
     Whereas, The new bridge replaces earlier bridges that were both low water bridges and were washed out by high flood waters; and
     Whereas, The new bridge is two hundred thirty feet long, twenty-two feet wide and twenty- three feet above normal water level; and
     Whereas, When the earlier bridges were washed out the community was hard hit by their losses; and
     Whereas, The Division of Highways District 7 Engineer Richard White has said that the new bridge will serve the community well for many years to come; and
     Whereas, Lucille Stalnaker, a retired school teacher who lives in the family home near the bridge, is the person most responsible for ensuring a new bridge would be built that could withstand flood waters; and
     Whereas, Lucille Stalnaker for years persisted in contacting state and local officials and representatives, the media and her fellow citizens; and
     Whereas, Lucille Stalnaker remembers when she both as a student and teacher how she had to cross the river in a small boat to get to school; and
     Whereas, As residents of and visitors to Gilmer County owe a debt of gratitude to Lucille Stalnaker it is only fitting to name the bridge after her; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Division of Highways is hereby requested to name bridge number 11-17-0.10 on County Route 17 in Gilmer County, West Virginia, be named the "Lucille Stalnaker Bridge"; and, be it
     Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Lucille Stalnaker Bridge"; and, be it
     Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways; Lucille Stalnaker and her family.
     Delegate Rowan offered the following resolution, which was read by its title and referred to the Committee on Rules:
     H. C. R. 57 - "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 'Pearsall Land Grant Trace'."
     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 Land Grant Historic District; 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 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 "Pearsall Land Grant Trace" in recognition of the long and varied history of the area; therefore, be it
     Resolved by the Legislature of West Virginia:
     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 "Pearsall Land Grant Trace"; 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 "Pearsall Land Grant Trace"; 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.
Bills Introduced

     On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Duke, Hamilton, Gerhard, Romine, Azinger, Nelson, Andes, Snuffer, Ireland, Rowan and Storch:
     
H. B. 4454 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-14a, relating to authorizing county school boards to adopt policies to promote school attendance"; to the Committee on Education.
By Delegates Caputo, Manchin, Longstreth, Hunt, Barill, Marshall, Talbott and Moore:
     
H. B. 4455 - "A Bill to amend and reenact §5-15-4 of the Code of West Virginia, 1931, as amended, relating to requiring that handicap restroom facilities and stalls in all colleges and universities be constructed with automatic doors to accommodate persons in wheelchairs and other persons who need assistance"; to the Committee on Education then Finance.
By Delegates Caputo, Manchin, Longstreth, Hunt, Barill, Marshall, Talbott and Moore:
     
H. B. 4456 - "A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to requiring a removable windshield placard that is issued to a person with a mobility impairment to have on the placard a photograph of the person to whom the placard is issued"; to the Committee on Roads and Transportation then Finance.
By Delegate Doyle:
     
H. B. 4457 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-9a, relating to eliminating the real property tax on nonproducing mineral estates; implementing an additional one percent severance tax; making findings; and providing rule-making authority"; to the Committee on the Judiciary then Finance.
By Delegates Paxton, Miley, Caputo, Boggs, M. Poling, Hunt, White, Stowers and Butcher:
     
H. B. 4458 - "A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the 5th Judicial Circuit consisting of Calhoun, Jackson, Mason and Roane counties"; to the Committee on the Judiciary then Finance.
By Delegates Reynolds, Frazier, Marcum, Hall, Hunt, Manchin, Pino, Ferro and Sobonya:
     
H. B. 4459 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-11; and to amend and reenact §49-5-13b of said code, all relating to creating a juvenile sex offender registration; authorizing a court to require a convicted juvenile sex offender whose underlying offense constitutes a first or second degree sexual assault and who is sixteen years of age or older to register on the juvenile sex offender registration; and maintaining confidentiality of juvenile sex offender registrations except for disclosure to law enforcement, school administration and counsel"; to the Committee on the Judiciary then Finance.
By Delegates J. Miller:
     
H. B. 4460 - "A Bill to amend and reenact §17B-2B-5 and §17B-2B-7 of the Code of West Virginia, 1931, as amended, all relating to license to operate a motor vehicle with bioptic telescope device; renewal of a Class G license and proof required; and providing that vision report requirement may be waived when a report has already been submitted to the commissioner by a vision specialist on the same licensee within the past twelve months as part of the requirement for annual anniversary of driver licensure and renewal period extended"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan, Lawrence, L. Phillips, Smith, Stephens and D. Poling:
     
H. B. 4461 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-14a, relating to certain specific powers of municipalities; permitting an enforcement officer to issue a citation for external sanitation and common nuisance violations; providing a citation process; providing for fines; and providing an appeal process"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Morgan, Williams and Stephens:
     
H. B. 4462 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-18a, relating to disposition of municipal property"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Morgan, Williams, Stephens, D. Poling and Moye:
     
H. B. 4463 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-18a, relating to a municipality conveying property to a nonprofit"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Armstead, Ashley, Ireland, Anderson, Walters, Storch, Canterbury, Hamilton, Evans, Border and Snuffer:
     
H. B. 4464 - "A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to matters affecting the right to hold office; and the disqualification of persons convicted of treason, felony or bribery from holding public office"; to the Committee on the Judiciary.
By Delegates Kump and Ellem:
     
H. B. 4465 - "A Bill to amend and reenact §8A-6-3 of the Code of West Virginia, 1931, as amended, relating to a requirement that counties protect, by regulation or ordinance, liens filed by homeowners' associations in the event of a foreclosure"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ellington, Carmichael, Gerhard, Savilla, Overington, Howell, Duke, Romine, Ireland, J. Miller and Sigler:
     
H. B. 4466 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6; relating to human services; application for and granting of assistance; and implementing drug testing for recipients of federal-state and state assistance"; to the Committee on the Judiciary then Finance.
By Delegates Hall, Ferns, L. Phillips, Perry, Lawrence, Pasdon, Stowers and Frazier:
     
H. B. 4467 - "A Bill to amend and reenact §18-9A-2, §18-9A-4, §18-9A-10, §18-9A-11, §18-9A-13b and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school aide formula by reducing over two years from ninety percent to eighty, then to seventy percent the amount of the regular levy deducted from county boards of education for general current expense purposes; ensuring that improved instructional programs receive at least $33 million annually; by providing at least $5 million to the State Board of Education to assist low performing schools; capturing moneys from declining enrollment and direct it to salaries of classroom teachers and service personnel; and by requiring at least an $8 million annual appropriations for alternative education programs"; to the Committee on Education then Finance.
House Calendar

Third Reading

     H. B. 4271, Reporting requirements for residential mortgage lenders and broker licensees; 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. 33), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4271) passed.
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
     Com. Sub. for H. B. 4356, Creating the misdemeanor offense for child neglect resulting in a substantial risk of bodily injury; on third reading, coming up in regular order, with amendments pending, was reported by the Clerk.
     The Clerk reported an amendment offered by Delegate Marshall.
     Whereupon,
     Delegate Marshall then asked and obtained unanimous consent that the amendment be withdrawn.
     On motion of Delegates Marcum, Lawrence, Hall, Moore, H. White, L. Phillips, Nelson, Ferns and R. Phillips, the bill was amended on page three, section four, subsection (c), line twenty- four, after the word "child", by inserting a comma and the words "then the parent, guardian or custodian".
     And,
     On page three, section four, subsection (d), line thirty-two, after the word "child", by striking out the remainder of the subsection and inserting in lieu thereof the following: ", then the parent, guardian or custodian, is guilty of a misdemeanor and, upon conviction thereof, for a first offense,shall be fined not less than $500 nor more than $1,000 or confined in jail not less than thirty days nor more than six months or both fined and confined. All persons convicted of a first offense under this subsection shall also be required to complete a parenting plan and parenting education class. For a second offense, the parent, guardian or custodian is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than $1,000 and confined in jail not less than thirty days nor not more than one year. For a third or subsequent offense, the parent, guardian or custodian is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,000 and imprisoned in a state correctional facility not less than one year nor more than three years."
There being no further amendments, the bill was ordered to engrossment and third reading.
     Having been engrossed, the bill was then read a third time and put upon its passage.
     The question being on the passage of the bill, the yeas and nays were taken (Roll No. 34), and there were--yeas 100, nays none, absent and not voting none.
     So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4356) passed.
     An amendment to the title of the bill was reported by the Clerk and adopted, amending the title to read as follows:
     Com. Sub. for H. B. 4356 - "A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating a new offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury and providing penalties upon conviction."
     Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

     
S. B. 469, Relating generally to other post-employment benefits; on second reading, coming up in regular order, was read a second time.
     On motion of Delegates White, Varner, Ashley, Campbell, Stowers, Iaquinta, Cann, Anderson, Canterbury, Walters, Pasdon and Nelson the bill was amended on pages six and seven, section three, by striking out subdivisions eleven and twelve in their entirety and inserting in lieu thereof the following:
     "(11) Initiating steps by the agency to adjust payment by the agency for the treatment of hospital acquired infections and related events consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services. The agency shall protect employees and retired employees from any adjustment in payment for hospital acquired infections; and
_____(12) Initiating steps by the agency to reduce the number of employees and retired employees who experience avoidable readmissions to a hospital for the same diagnosis related group illness within thirty days of being discharged by a hospital in this state or another state consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services.
"
     Delegates Armstead, Carmichael, Lane, Cowles, Ireland, Azinger, Andes, Sobonya, Snuffer, Kump, Sigler, Howell, Householder, Ellington,Gearheart, Savilla, Storch and Border offered the following amendment:
     On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"CHAPTER 11. TAXATION.

ARTICLE 21. PERSONAL INCOME TAX.
§11-21-96. Dedication of personal income tax proceeds.
     
(a) There is hereby dedicated an annual amount of $45 million from annual collections of the tax imposed by this article for payment of the unfunded liability of the current Workers' Compensation Fund. No portion of this amount may be pledged for payment of debt service on revenue bonds issued pursuant to article two-d, chapter twenty-three of this code.
     (b) Notwithstanding any other provision of this code to the contrary, beginning in January of 2006, $45 million from collections of the tax imposed by this article shall be deposited each calendar year to the credit of the old fund created in article two-c, chapter twenty-three of this code, in accordance with the following schedule. Each calendar month, except for July, August and September each year, $5 million shall be transferred, on or before the twenty-eighth day of the month, to the Workers' Compensation Debt Reduction Fund created in article two-d, chapter twenty- three of this code.
     (c) Expiration. -- The transfers required by subsection (b) of this section shall continue to be made until the Governor certifies to the Legislature that an independent actuary actuarial study determined that the unfunded liability of the old fund, as defined in chapter twenty-three of this code, has been paid or provided for in its entirety. No transfer pursuant to this section shall be made thereafter. Thereafter, an annual amount of $30 million from annual collections of the tax imposed by this article and which were previously dedicated by this section for payment of the unfunded liability of the Workers Compensation Fund shall be dedicated for payment of the unfunded liability of the West Virginia Retiree Health Benefit Trust. The $30 million transferred pursuant to this subsection shall be transferred into the West Virginia Retiree Health Benefit Trust Fund, by transferring $5 million each month for the following months of each year: October, November, December, January, February and March, until the Governor certifies to the Legislature that an independent actuarial study has determined that the unfunded liability of West Virginia Retiree Health Benefit Trust Fund, as created in section two, article sixteen-d, chapter five of this code, has been provided for in its entirety or July 1, 2037, whichever date is later. No transfer into the West Virginia Retiree Health Benefit Trust Fund pursuant to this subdivision shall be made thereafter.
CHAPTER 18. EDUCATION

ARTICLE 9A. PUBLIC SCHOOL SUPPORT
§18-9A-24. Foundation allowance for Public Employees Insurance Fund.

     (a) Beginning the first day of July, one thousand nine hundred ninety-five, and every year thereafter, The allowance to the Public Employees Insurance Agency for school employees shall be made in accordance with the following: The number of individuals employed by county boards of education as professional educators pursuant to section four or five-a of this article, whichever is less, plus the number of individuals employed by county boards of education as service personnel pursuant to section five or five-a of this article, whichever is less, plus the number of individuals employed by county boards as professional student support personnel pursuant to section eight of this article, multiplied by the average premium rate for all county board of education employees established by the Public Employees Insurance Agency Finance Board. The average premium rate for all county board of education employees shall be incorporated into each financial plan developed by the Finance Board in accordance with section five, article sixteen, chapter five of this code. Such The premiums shall include any proportionate share of retirees subsidy established by the Finance Board and the difference, if any, between the previous year's actual premium costs and the previous year's appropriation, if the actual cost was greater than the appropriation. The amount of the allowance provided in this subsection shall be paid directly to the West Virginia Public Employees Insurance Agency. Each county board shall reflect its share of the payment as revenue on its financial statements to offset its expense for the employer annual required contribution, as defined in article sixteen-d, chapter five of this code.
_____
(b) Notwithstanding any other provision of section six, article sixteen-d, chapter five of this code to the contrary, any amount of employer annual required contribution allocated and billed to county boards on or after July 1, 2012, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for employees who are employed as professional employees within the limits authorized by section four of this article, employees who are employed as service personnel within the limits authorized by section five of this article, and employees who are employed as professional student support personnel within the limits authorized by section eight of this article, shall be charged to the state: Provided, That nothing in this subsection requires any specific level of funding by the Legislature in any particular year.
_____(c) County boards of education shall be are responsible liable for payments to the Public Employees Insurance Agency the employer annual required contribution allocated and billed to the county boards on or after July 1, 2012, and any amount of the employer annual required contribution allocated and billed to the county boards prior to that date for individuals who are employed as professional employees above and beyond those authorized by section four of this article, or five-a, whichever is less, and individuals who are employed as service personnel above and beyond those authorized by section five and five-a whichever is less of this article and individuals who are employed as professional student support personnel above and beyond those authorized by section eight of this article. For each such employee, the county board of education shall forward to the Public Employees Insurance Agency an amount equal to the average premium rate established by the finance board in accordance with subsection (a) of this section: Provided, That the county board shall pay the actual employer premium costs for any county board employee paid from special revenues, federal or state grants, or sources other than state general revenue or county funds.
     (d) (c) Prior to July 1, 1995, nothing in this article shall be construed to limit the ability of county boards of education to use funds appropriated to county boards of education pursuant to this article to pay employer premiums to the Public Employees Insurance Agency for employees whose positions are funded pursuant to this article. Funds appropriated to county boards of education pursuant to this article shall not be used to pay employer premiums for employees of such boards whose positions are not, or will not be within twenty months, funded by funds appropriated pursuant to this article."
     Delegate Armstead was recognized and explained the strike and insert amendment.
     The Speaker announced that he had been advised by the Clerk that other amendments were at the desk which sought to prefect the existing text, and that the strike and insert amendment offered by Delegates Armstead and others should have been taken up subsequent to consideration of the perfecting amendments.
     The Speaker then inquired of the House if there were objection to considering the amendment in the order that it had been presented.
     In the absence of objection it was so agreed.
     On the adoption of the amendment, Delegate Armstead demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 35), and there were--yeas 32, nays 67, absent and not voting 1, with the yeas and absent and not voting being as follows:
     Yeas: Anderson, Andes, Armstead, Azinger, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Ellington, Evans, Gearheart, Hamilton, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Romine, Rowan, Savilla, Sigler, Snuffer, Sobonya, Storch and Sumner.
     Absent and Not Voting: Marshall.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
     Delegates Armstead, Cowles, Duke, Lane, Sumner, Sobonya, Border, Howell and Snuffer moved to amend the bill on page five, section three, line forty-three, by striking out subsection (d) in its entirety.
     The question being on the adoption of the amendment, the same was put and did not prevail.
     Delegates Cowles, Lane, Border, Sobonya and Howell moved to amend the bill on page thirteen, section twenty-four, line forty-six, following the word "That", by striking out the words "charging specified amounts to the state pursuant to this section is not to be construed as creating an employer employee relationship between the State of West Virginia and any employee under the employ of a county board or as creating a liability of the state" and inserting, in lieu thereof the words "these above-enumerated categories of employees are to be considered employees of the State of West Virginia."
     On the adoption of the amendment, Delegate Cowles demanded the yeas and nays, which demand was sustained.
     Delegate Anderson arose to a point of parliamentary inquiry regarding being excused from voting on the amendment to S. B. 469 under the provisions of House Rule 49.
     The Speaker replied that the provisions of House Rule 49 applied only to the passage of the bill, and further stated that Delegate Anderson would be required to vote on the amendment.
     The yeas and nays having been ordered, they were taken (Roll No. 36), and there were--yeas 22, nays 77, absent and not voting 1, with the yeas and absent and not voting being as follows:
     Yeas: Andes, Armstead, Azinger, Border, Carmichael, Cowles, Ellington, Evans, Gearheart, Householder, Howell, Ireland, Kump, Lane, C. Miller, J. Miller, O'Neal, Overington, Savilla, Sigler, Snuffer and Sobonya.
     Absent and Not Voting: Marshall.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
     Delegate Marshall noted to the Clerk that she was absent on today when the vote was taken on Roll No. 36, and that had she been present, she would have voted "Nay" thereon.
     Delegate Carmichael then offered the following amendment:
     On page seven, section five-b, following line five, by striking out section five-b in its entirety.
     On page eight, section seven, line nine, by striking out subsection (b) in its entirety.
     On page ten, section ninety-six, line twenty-six, following the word "of", by striking out "35" and inserting in lieu thereof "30".
     On page ten, section ninety-six, line thirty-one, following the word "fund", by striking out the words "and to provide funding for the Post-July 1, 2010, Employee Trust Fund created by section five-b, article sixteen, chapter five of this code".
     On page ten, section ninety-six, line thirty-four, by striking out "35" and inserting in lieu thereof "30".
     And,
     On page eleven, section ninety-six, line forty-nine, by striking out the entirety of subdivision (2).
     On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
     The yeas and nays having been ordered, they were taken (Roll No. 37), and there were--yeas 23, nays 77, absent and not voting none, with the yeas being as follows:
     Yeas: Andes, Armstead, Ashley, Azinger, Border, Carmichael, Cowles, Ellington, Evans, Gearheart, Householder, Howell, Kump, Lane, C. Miller, J. Miller, Nelson, O'Neal, Overington, Pasdon, Savilla, Sigler and Storch.
    So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
     Delegates Armstead, Carmichael, Cowles, Sobonya, Kump, Householder, Howell, Border and Gerhard moved to amend the bill on page five, section three, line forty-three, following the word "evaluate", by striking out the words "and administer programs" and inserting in lieu thereof the word "ways".
     And,
     On page five, line forty-eight, following the word "and", by striking out the word "adopt" and inserting in lieu thereof the word "propose".
     On the adoption of the amendment, the Speaker put the question, which did not prevail.
     There being no further amendments, the bill was then advanced to third reading.
     Com. Sub. for H. B. 4127, Declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading:
     At 12:27 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 9, 2012.

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