hdj2010-02-15-34
__________*__________
Monday, February 15, 2010
THIRTY-FOURTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 10:45 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 Friday, February 12, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Phillips, Skaff and Hall offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 50 - "Requesting the Joint Committee on Government and Finance study the burden of taxes and fees imposed by the State of West Virginia upon the coal industry."
Whereas, The coal industry is and has been for many years an integral part of the economic
and social fabric of the state; and
Whereas, Whole communities in this state rely in large part, if not completely, on the coal
industry for their continuing vitality; and
Whereas, The coal industry remains essential to economic growth and progress in West
Virginia and the United States; and
Whereas, Coal continues to sustain our economy and provides the financial security as
future diversity and expansion of our job base is explored; and
Whereas, Coal can help provide a dependable domestic source of energy in light of concerns
our nation has become dependent on energy sources from foreign sources that may not be reliable
in the long-term; and
Whereas, It is critical to regularly reassess the burden of taxes and fees by the State of West
Virginia upon the coal industry as compared to the burden said industry must bear in other coal-
producing states and the overall economic impact of the coal industry within West Virginia for our
economic prosperity and security; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
burden of taxes and fees imposed by the State of West Virginia upon the coal industry; and, be it
Further Resolved, Said study shall be conducted with the aid of West Virginia University and
Marshall University; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegate Skaff offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 51 - "Requesting the Joint Committee on Government and Finance study pay rates
between mine inspectors, mine safety instructors, electrical inspectors and others employed by the
West Virginia Office of Miners' Health, Safety and Training, as well as the West Virginia Division
of Mining and Reclamation, and those of similar regulatory programs in other states and the federal
government."
Whereas, The various employees of the West Virginia Office of Miners' Health, Safety and
Training, as well as environmental inspectors employed by the West Virginia Department of
Environmental Protection in the Division of Mining and Reclamation, perform functions that are
important to ensure the safety of those who work in the mineral extraction industry within West
Virginia; and
Whereas, The Division of Mining and Reclamation also performs critical inspections that
are necessary to ensure protection of West Virginia's natural environment; and
Whereas, It is in the best interest of the State of West Virginia to ensure that all employees
of the West Virginia Office of Miners' Health, Safety and Training and the Division of Mining and
Reclamation are properly compensated in the execution of their duties at rates comparable to those with similar positions in other states and with the federal government; and
Whereas, High employee turnover rates that may occur within the West Virginia Office of
Miners' Health, Safety and Training and the Division of Mining and Reclamation due to any
disparity of pay rates with similar employee positions in other states and with the federal government
may result in a regulatory staff within the West Virginia Office of Miners' Health, Safety and
Training and the Division of Mining and Reclamation that is inexperienced; and
Whereas, Replacing many of these employees could be extremely difficult with high
turnover and the inability to attract qualified, experienced personnel to the agencies; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study pay rates
between mine inspectors, mine safety instructors, electrical inspectors and others employed by the
West Virginia Office of Miners' Health, Safety and Training, as well as those employed by the
Division of Mining and Reclamation, to those of similar regulatory programs in other states and the
federal government; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2010, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Hall, Anderson, Armstead, Ashley, Azinger, Blair, Border, Cann, Canterbury, Carmichael, Cowles, Crosier, Duke, Eldridge, Ellem, Evans, Ireland, Lane, Louisos, McGeehan,
Michael, C. Miller, J. Miller, Overington, Porter, Reynolds, Romine, Rowan, Schadler, Schoen,
Shott, Skaff, Sobonya, Sumner, D. Walker and Walters offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 52 - "Claiming sovereignty under the Tenth Amendment to the Constitution of the
United States over certain powers; serving notice to the federal government to cease and desist
certain mandates; providing that certain federal legislation be prohibited or repealed; and directing
distribution."
Whereas, The Tenth Amendment to the Constitution of the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to
the states, are reserved to the states respectively, or to the people"; and
Whereas, The Tenth Amendment defines the total scope of federal power as being that
specifically granted by the Constitution of the United States and no more; and
Whereas, Federalism is the Constitutional division of powers between the national and state
governments and is widely regarded as one of America's most valuable contributions to political
science; and
Whereas, James Madison, "The father of the Constitution", said, "The powers delegated
to the federal government are few and defined. Those which are to remain in the state governments
are numerous and indefinite. The former will be exercised principally on external objects, such as
war, peace, negotiation and foreign commerce. The powers reserved to the several states will extend
to all the objects which, in the ordinary course of affairs, concern the lives, liberties and properties
of the people"; and
Whereas, Thomas Jefferson emphasized that the states are not "subordinate" to the national
government, but rather the two are "coordinate departments of one simple and integral whole. The
one is the domestic, the other the foreign branch of the same government"; and
Whereas, The scope of power defined by the Tenth Amendment means that the federal
government was created by the states specifically to be an agent of the states; and
Whereas, Today, in 2010, the states are demonstrably treated as agents of the federal
government; and
Whereas, Many federal laws are directly in violation of the Tenth Amendment to the
Constitution of the United States; and
Whereas, The Tenth Amendment assures that we, the people of the United States of
America and each sovereign state in the Union of States, now have, and have always had, rights the
federal government may not usurp; and
Whereas, Article IV, Section 4 provides, "The United States shall guarantee to every state
in this union a Republican Form of Government", and the Ninth Amendment states that "The
enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people"; and
Whereas, The United States Supreme Court has ruled in
New York v. United States, 112 S.
Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes
of the states; and
Whereas, A number of proposals from previous administrations and some now pending
from the present administration and from Congress may further violate the Constitution of the United
States; therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia hereby claims sovereignty under the Tenth Amendment to
the Constitution of the United States over all powers not otherwise enumerated and granted to the
federal government by the Constitution of the United States; and, be it
Further Resolved, That this serve as Notice and Demand to the federal government, as our
agent, to cease and desist, effective immediately, mandates that are beyond the scope of these
constitutionally delegated powers; and, be it
Further Resolved, That all compulsory federal legislation which directs states to comply
under threat of civil or criminal penalties or sanctions or requires states to pass legislation or lose
federal funding be prohibited or repealed; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the President of the United States, the President of the United States Senate, the
Speaker of the United States House of Representatives, the Speaker of the House of Delegates and
the President of the Senate of each State Legislature of the United States, United States Senators
Robert C. Byrd and John D. Rockefeller IV, Representatives Nick J. Rahall, Alan B. Mollohan and
Shelley M. Capito.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate McGeehan:
H. J. R. 109 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section five, article ten thereof, relating to abolishing personal and corporate income tax;
numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then
Finance.
Mr. Speaker, Mr. Thompson, on behalf of all Members of the House, offered the following
resolution, which was read by the Clerk as follows:
H. R. 21 - "Designating Monday, February 15, 2010, as 'Veterans Visibility Day'."
Whereas, From the Revolutionary War, which gave America its identity as a free and
democratic nation, to this moment, America's men and women have always risen to the call of duty
in order to defend and preserve our freedom and help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed
forces than from any other state. We are proud of our citizens who, despite danger, have done what
they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians
have paid the ultimate price for freedom with their lives and thousands more have been wounded in
battle; and
Whereas, The House of Delegates is proud to honor those future veterans currently serving
in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy
from the threat of terror; and
Whereas, It is always important that we honor the many brave West Virginians who have
faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom
around the world; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates Monday, February 15, 2010, as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Division of Veterans' Affairs.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 21) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 39, The "Corporal Menifee Carter Memorial Bridge",
H. C. R. 40, The "Ernie Wallace Bridge",
H. C. R. 41, The "Charley Meddings Memorial Bridge",
And,
H. C. R. 42, The "Lance Corporal Samuel R. Drown Memorial Bridge, Killed in Action,
Vietnam 1967",
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. J. R. 101, Commercial and Industrial Tangible Personal Property Tax Exemption
Amendment,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. J. R. 101 - "Proposing an amendment to the Constitution of the State of
West Virginia, amending article X thereof by adding thereto a new section, designated section one-d,
relating to authorizing the exemption from ad valorem taxation of tangible personal property directly
used in commercial and industrial businesses; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed amendment,
With the recommendation that the committee substitute be adopted.
At the respective requests of Delegate Boggs, and by unanimous consent, the resolution
(Com. Sub. for H. J. R. 101) was taken up for immediate consideration, read a first time and ordered
to second reading.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Sobonya, Miley, Eldridge, M. Poling, Shook, C. Miller, Sumner, Stowers,
Fleischauer and Rodighiero:
H. B. 4489 - "A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931,
as amended; and to and reenact §60A-4-406 of said code, all relating to increasing the criminal
penalties for overtaking or passing a school bus stopped for the purpose of receiving and discharging
children; authorizing an educational campaign on school bus safety; and increasing penalties for
persons convicted of distributing drugs in a school bus stop zone"; to the Committee on the Judiciary
then Finance.
By Delegates Fleischauer, Brown, Staggers, Marshall, Hatfield, Mahan, Susman, Longstreth, Spencer and M. Poling:
H. B. 4490 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-1-22a, relating to requiring all state boards, commissions,
committees or councils to be gender balanced and to have proportionate representation of minorities
in the state"; to the Committee on the Judiciary.
By Delegates Talbott and Crosier
[By Request of the Division of Natural Resources]:
H. B. 4491 - "A Bill to amend and reenact §20-2-19 of the Code of West Virginia, 1931, as
amended, relating to the marking of traps"; to the Committee on Natural Resources then the
Judiciary.
By Delegates Fleischauer, Beach, Staggers, Hatfield, Moore, Talbott, Brown and Wells:
H. B. 4492 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating to the
phasing in of requirements for electric providers to add renewable energy systems to help protect and
sustain the environment"; to the Committee on Energy, Industry and Labor, Economic Development
and Small Business then the Judiciary.
By Delegates M. Poling and Paxton:
H. B. 4493 - "A Bill to amend and reenact §18B-17-2 of the Code of West Virginia, 1931,
as amended, relating to authorizing a rule for the Higher Education Policy Commission regarding
the Energy and Water Savings Revolving Loan Fund Program"; to the Committee on Education then
the Judiciary.
By Delegates Phillips, Skaff and Hall:
H. B. 4494 - "A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as
amended, relating to allowing the Environmental Protection Advisory Council to review, adopt and
eliminate rules exceeding applicable federal standards promulgated pursuant to this article; and
granting council mandatory rule-making authority"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Poore, Doyle, Fragale, Hatfield, Marshall, Moore, Moye, Shott, Skaff,
Spencer and D. Walker:
H. B. 4495 - "A Bill to amend and reenact §18-2E-3g of the Code of West Virginia, 1931,
as amended, relating to special demonstration professional development school projects; and State
Superintendent of Schools' reporting requirements to the Legislative Oversight Commission on
Education Accountability"; to the Committee on Education.
By Delegates Wooton, Shook, Fleischauer, Frazier, Moye, Miley, Susman and Sumner:
H. B. 4496 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §51-10A-4, relating to prohibiting bail bonding companies or bail
bond enforcers from providing fiduciary bonds for estates; and providing an exception"; to the
Committee on the Judiciary.
By Delegates Iaquinta, Crosier, Klempa, Skaff, Lawrence, Fragale, Marshall, Rowan,
Longstreth, Border and Talbott:
H. B. 4497 - "A Bill to amend and reenact §48-27-505 of the Code of West Virginia, 1931,
as amended, relating to increasing the time period of a protective order in domestic violence cases
to one year"; to the Committee on the Judiciary.
By Delegates Guthrie, Hatfield and Brown:
H. B. 4498 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §4-1-20a, relating to prohibiting smoking in the capitol building
and all offices"; to the Committee on Government Organization then the Judiciary.
By Delegates Phillips and Hall:
H. B. 4499 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West
Virginia, 1931, as amended, all relating to raising the age of consent that a minor may refuse mental
health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for
voluntary hospitalization"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Fleischauer, Shook, Caputo, Miley, Beach, Marshall, Poore, Wells,
Talbott, Guthrie and Brown:
H. B. 4500 - "A Bill to amend and reenact §29B-1-2 of the Code of West Virginia, 1931,
as amended, relating to redefining the term "public record" as it is used in the Freedom of
Information Act"; to the Committee on the Judiciary.
By Delegates Evans, Azinger, Rowan, Schadler, Craig, T. Walker, Hamilton, Hartman,
Ross, Shaver and Hall:
H. B. 4501 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931,
as amended, relating to permitting farm use vehicles to travel on public highways to and from
stockyards and farm supply stores that are within a fifty mile radius of the owner's farm"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegates Morgan and Craig
[By Request of the Division of Culture and History]:
H. B. 4502 - "A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the
Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching
Grant Program Fund; and technical amendments"; to the Committee on Government Organization
then Finance.
By Delegates Skaff, Hamilton and Hall:
H. B. 4503 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-
5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA-
12, §11-13AA-13 and §11-13AA-14; to amend and reenact §22A-1-4 of said code; and to amend
and reenact §22A-11-3 of said code, all relating to providing a tax credit for purchase of innovative
mine safety technology; specifying short title; specifying legislative findings and purpose; specifying
definitions; specifying requirements for list of approved innovative mine safety technology;
specifying amount of tax credit allowed; specifying criteria for qualified investment; specifying
forfeiture of unused tax credits; specifying treatment for transfer of certified eligible safety property
to successors; setting forth requirements for identification of investment credit property; prescribing
treatment for failure to keep records of certified eligible safety property; specifying tax credit review
and accountability requirements; specifying requirement for disclosure of tax credits; authorizing
issuance of rules; amending the duties of the Director of the West Virginia Office of Miners' Health,
Safety and Training; and amending the duties of the Mine Safety Technology Task Force"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
By Delegates Iaquinta and Swartzmiller:
H. B. 4504 - "A Bill to amend and reenact §15-1E-1, §15-1E-2, §15-1E-3, §15-1E-4, §15-
1E-5, §15-1E-6, §15-1E-7, §15-1E-8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15-1E-13, §15-
1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-1E-19, §15-1E-20, §15-1E-21, §15-1E-
22, §15-1E-23, §15-1E-24, §15-1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E-29, §15-1E-30,
§15-1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-1E-37, §15-1E-38, §15-
1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-1E-43, §15-1E-44, §15-1E-45, §15-1E-46, §15-1E-
47, §15-1E-47a, §15-1E-48, §15-1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E-54,
§15-1E-54a, §15-1E-55, §15-1E-55a, §15-1E-55b, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59,
§15-1E-60, §15-1E-61, §15-1E-62, §15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15-1E-67, §15-
1E-68, §15-1E-69, §15-1E-70, §15-1E-70a, §15-1E-70b, §15-1E-71, §15-1E-72, §15-1E-73, §15-
1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-1E-79, §15-1E-80, §15-1E-81, §15-1E-
82, §15-1E-83, §15-1E-84, §15-1E-85, §15-1E-86, §15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90,
§15-1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15-1E-96, §15-1E-97, §15-1E-98, §15-
1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15-1E-104, §15-1E-104a, §15-1E-105,
§15-1E-106, §15-1E-107, §15-1E-108, §15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-
113, §15-1E-114, §15-1E-115, §15-1E-116, of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto ten new sections, designated §15-1E-117, §15-1E-118, §15-
1E-119, §15-1E-120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125 and §15-1E-
126, all relating to adopting the Uniform State Military Code of Justice; definitions; persons subject
to this code and jurisdiction; territorial applicability of the code; apprehension and restraint;
nonjudicial punishment; court-martial jurisdiction; appointment and composition of courts-martial;
pretrial procedure; trial procedure; sentences after conviction; post-trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions"; to the Committee on Veterans'
Affairs and Homeland Security then the Judiciary.
Special Calendar
Third Reading
H. B. 4179, Removing the termination date of the Equal Pay Commission; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 37),
and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4179) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 38), and there were--yeas 91, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4179) 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.
Com. Sub. for H. B. 4198, Extending the expired term of a member of the Oil and Gas
Inspectors' Examining Board until such time as the member's successor is appointed and qualified;
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. 39),
and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4198) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 40), and there were--yeas 91, nays
none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
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. 4198) 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.
Com. Sub. for H. B. 4248, Relating to the solicitation of charitable funds; 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. 41), and there were--yeas 90, nays 1, absent and not voting 9, with the nays and absent and not voting
being as follows:
Nays: Cowles.
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4248) 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. 4281, Replacing references to "mental retardation" with "intellectual
disability"; 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. 42),
and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4281) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4355, Making it a felony offense to disarm, or attempt to disarm probation officers and
parole officers; 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. 43),
and there were--yeas 91, nays none, absent and not voting 9, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook
and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4355) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
Com. Sub. for H. B. 4220, Relating to the practice of medical imaging and radiation therapy;
on second reading, coming up in regular order, was read a second time and ordered to engrossment
and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4034, Authorizing any municipality to enact by ordinance a vacant
property registration program,
Com. Sub. for H. B. 4143, Relating to emergency medical services,
Com. Sub. for H. B. 4157, Removing outdated sunset language,
Com. Sub. for H. B. 4176, Relating to credentialing of health care practitioners,
Com. Sub. for H. B. 4208, Requiring a landlord to give at least thirty days written notice to a tenant when property being occupied by the tenant is being foreclosed upon,
And,
Com. Sub. for H. B. 4210, Requiring the Public Employees Insurance Agency Finance
Board to have a quorum of five members present at any public hearing.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Barker, Hutchins, Lane, Michael, Perry, Schoen, Shook and Skaff.
At 11:17 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 16,
2010.
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