hdj2010-02-16-35
__________*__________
Tuesday, February 16, 2010
THIRTY-FIFTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 15, 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 Manchin, Longstreth and Caputo offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 53 - "Requesting the bridge in Mannington, West Virginia on old Route 250, specifically bridge number 25-250/81-1.21, be named the 'Fletcher Brothers Memorial Bridge'."
Whereas, Warren, William, John, James and George Fletcher were all born and raised in
West Virginia; and
Whereas, Warren, William, John and James were enlisted in the United States Army; and
Whereas, George was enlisted in the United States Marine Corps; and
Whereas, All five of the Fletcher brothers were honorably discharged from the military after
faithful and courageous service to their state and country during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 25-250/81-1.21
in Mannington, West Virginia on Old Route 250 the "Fletcher Brothers Memorial Bridge"; and, be
it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Fletcher Brothers 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 the surviving family of the five
Fletcher Brothers.
Delegates Frazier and Shott offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 54 - "Requesting that a portion of U.S. 19 from its intersection with U.S. 460 North
to the city limits of Princeton from mile marker 10.70 to mile marker 12.36 in Mercer County, West Virginia be named the 'William H. Sanders II Memorial Highway'."
Whereas, William H. Sanders II was born in Princeton, West Virginia, in 1917 to Hartley
Poe Sanders and Ina Hylton Sanders and passed away at age 92 in June of 2009; and
Whereas, William Sanders II graduated from Princeton High School, received his
undergraduate degree from Randolph Macon College for Men, and his law degree from the
University of Virginia; and
Whereas, In 1942, during World War II, William graduated from law school and joined the
Marines; and
Whereas, As a marine, William participated in the second bloodiest battle in Marine Corps
history at the atoll of Tarawa located in the Gilbert Islands in the South Pacific, where he was
instrumental in knocking out a heavily fortified machine gun nest, while suffering from a shot to
the neck by a Japanese sniper. While receiving medical treatment in Hawaii, William was awarded
the Purple Heart and the Navy Cross, the highest medal given by the United States Navy and second
only to the Medal of Honor. Admiral Chester Nimitz, Supreme Commander of the United States
Navy in the Pacific, personally pinned both medals on William; and
Whereas, After his recuperation, William rejoined the Marines in time for the invasion of
Saipan, which was the headquarters of the Japanese Pacific operation, and the invasion of the island
of Tinian. William was awarded the Bronze star for his efforts at Saipan. William was honorably
discharged with the rank of Major in 1946; and
Whereas, After the war, William returned to the University of Virginia Law School where,
at his request, the University started an international law program, and, William was the first to
graduate with a Masters of International Law; and
Whereas, While at the University, William met and married the love of his life, Katherine
Little Sanders, who was a masters degree student in English; and
Whereas, As part of his masters program, William and Katherine relocated to Germany,
where William served as an Assistant Staff Secretary to the Staff of U.S. Military Governor General
Lucius Clay, and, where their first child was born, David Hartley Sanders; and
Whereas, Although William intended to work for the state Department in Washington,
D.C., William returned to Princeton to assist his ailing father in his law practice; and
Whereas, Throughout his years of law practice William was the champion of the underdog
and fought many social causes, including but not limited to, integration and improving the
relationship between whites and blacks in the area. For many years, William served as the president
of the Human Rights Council, which was an organization of whites and blacks throughout Mercer
County that worked to promote positive relations between the races; and
Whereas, In the 1960's, William sued the City of Princeton because the city had a "whites
only" policy at the city park and city swimming pool; and
Whereas, As a result of this lawsuit, the city park was again opened to all of the public,
regardless of race. For many years after this lawsuit, William and his family endured attacks and
harassment from those against an integrated society. Nonetheless, William stuck to his principals;
and
Whereas, In 1968, William built a beautiful law office on land he owned near his home
outside of Princeton, near Green Valley. Williams also built a Holiday Inn with his brother-in-law
at the crossroads of U.S. 460 and Interstate 77. It was the first national chain hotel in Mercer
County; and
Whereas, In recent years, William slowed down his practice of law and focused on the
researching and writing of local histories. William wrote thirteen local history books, including two
about his own life; and
Whereas, In 1997, he wrote "On The Skirmish Line", his autobiography, that details his
early experiences in Princeton, and many of his skirmishes that he engaged in, including in the
Pacific, in the courts, and over racial issues; and
Whereas, William's profound love for Mercer County, its founders and their descendants
was his passion for many years. He dedicated a large part of his life to collecting and documenting
the local history; thereby, preserving for it for us and for future generations; and
Whereas, William is survived by his wife, Katherine and their four children, David Hartley
Sanders, a Judge in the eastern panhandle; Mary Hylton Sanders and William H. Sanders, III, both
lawyers; and Katherine Todd Koerner, as well as eight grandchildren and one great grandchild; and
Whereas, William H. Sanders II was a loving and devoted father that served his community
with unfettered generosity and distinction, and his country with undaunted courage; and
Whereas, The life of William H. Sanders II shall be recognized and honored; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name a portion of U.S. 19 from its
intersection with U.S. 460 North to the city limits of Princeton from mile marker 10.70 to mile
marker 12.36 in Mercer County, West Virginia, the "William H. Sanders II Memorial Highway";
and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs containing bold and prominent letters proclaiming this section of the road the "William
H. Sanders II Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House forward a certified copy of this resolution to
the Commissioner of the Division of Highways and the family of William H. Sanders II.
Delegates Perry, Mr. Speaker, Mr. Thompson, Anderson, Andes, Argento, Armstead, Ashley,
Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Butcher, Campbell, Cann, Canterbury,
Caputo, Carmichael, Cowles, Craig, Crosier, Duke, Eldridge, Ellem, Ennis, Evans, Ferro,
Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins,
Iaquinta, Ireland, Klempa, Kominar, Lane, Lawrence, Louisos, Manchin, Manypenny, Marshall,
Martin, McGeehan, Michael, Miley, C. Miller, J. Miller, Moore, Morgan, Moye, Overington, Paxton,
Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Porter, Reynolds, Rodighiero, Romine,
Ross, Rowan, Schoen, Shaver, Shook, Shott, Skaff, Smith, Sobonya, Spencer, Staggers, Stephens,
Stowers, Sumner, Susman, Swartzmiller, Talbott, Varner, D. Walker, T. Walker, Walters, Wells,
White and Williams offered the following resolution, which was read by the Clerk as follows:
H. R. 22 - "Designating February 16, 2010, as 'Corrections Day'."
Whereas, It is the mission of the West Virginia Division of Corrections to provide a safe,
secure and humane correctional system for the public, staff and offenders; and
Whereas, The adult correctional population continues to expand and it is important for
agency representatives and policymakers to appreciate the nature and magnitude of the growth; and
Whereas, West Virginia was ranked 34th in the nation in 2007, with an incarceration rate
of 333 per 100,000 residents. That between 2000 and 2006, West Virginia had the fastest growing
prison population in the nation; and
Whereas, Commitments to the Division of Corrections grew by 21.9% in 2007, resulting
in 3,449 new inmates and that parole violators comprised a high of 14.0% of all new commitments
in 2007; and
Whereas, In 2007, only 4.9% of all parole violators were returning due to the commission
of a new crime. That in 2006, 75.9% of new admissions were for nonviolent crimes; and
Whereas, As of December 2007, West Virginia's correctional population was almost two
and one-half times its size in 1995. In 2007 property offenders comprised the largest group of
inmates confined in the total prison population at 19.2%. That between 2000 and 2004, 37.1% of
inmates were released on parole compared to 51.5% between 2005 and 2007 so over half (54.8%)
of all inmates released in 2007 were granted parole. Therefore, the parole grant rates increased by
9.0% between 2006 and 2007; and
Whereas, West Virginia's correctional population is forecasted to increase at an average
annual growth rate of 5.6% over the next decade and according to the forecast, the Division of
Corrections can expect to receive approximately 430 additional inmates per year. Therefore, the
correctional population is expected to reach 8,530 inmates in 2012 and 10,304 in 2017; and
Whereas, The information provided in this resolution will assist public officials and agency
representatives in planning for the future and developing policies for the management of the West
Virginia correctional population as well as providing adequate pay, benefits, and a safe secure
workplace for the employees in the correctional system; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates February 16, 2010, as "Corrections Day"; and,
be it
Further Resolved, That the House of Delegates recognizes the exceptional service and
commitment of the employees of the Division of Corrections; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Director of the Division of Corrections.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 22) 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. R. 18, Amending Rule 65 of the Rules of the House of Delegates, by reordering the Daily
Order of Business and designating Introduction of Guests as Item XIV,
And,
H. R. 19, Amending Rule 17 of the Rules of the House of Delegates, by requiring the Clerk
of the House to superintend the preparation and maintenance of a searchable database of voting
records for use of the public,
And reports the same back with the recommendation that they each be rejected.
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. 4361, Removing provisions prohibiting sharing domestic violence information with other governments,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4212, Requiring PSC update railroad walkway safety regulations,
And reports back a committee substitute therefor, with the
same title, as follows:
Com. Sub. for H. B. 4212- "A Bill to amend and reenact §24-3-3b of the Code of West
Virginia, 1931, as amended, relating to railroad safety; and requiring the Public Service Commission
to undertake additional rulemaking pertaining the safety requirements for railway walkways,"
And,
H. B. 4354, Relating to conditions and arrests in domestic violence matters,
And reports back committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 4354 - "A Bill to amend and reenact §48-27-1002 of the Code of West
Virginia, 1931, as amended, relating to conditions and arrests in domestic violence matters;
including certain injunctive relief and protective orders the violation of which allow law-enforcement
officers to seize weapons in possession of domestic violence respondents,"
With the recommendation that the committee substitutes each do pass.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 4415, Establishing the "Primary Stroke Center Hospital Designation Act",
And,
H. B. 4425, Developing a pilot program for unlicensed personnel to administer medication
in a nursing home,
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. 4415 and H. B. 4425)
were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4119, Outdoor Heritage Conservation Fund, board of trustees,
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. 4119) was referred to
the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4126, Tax Department, residential solar energy tax credit,
And,
H. B. 4235, Lottery Commission, limited gaming facility rule,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4126 and H. B. 4235)
were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 4416, Declaring certain claims against the state and its agencies to be moral obligations
of the state and directing payments thereof,
And reports the same back with the recommendation that it do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4277, Authorizing the Secretary of the Department of Environmental Protection to
issue National Pollutant Discharge Elimination System permits,
And reports the same back with the recommendation that it do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 38 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §15-1F-11, relating to creating the West Virginia Service Members Civil Relief Act; and adopting the federal Service Members Civil Relief Act as state law";
which was referred to the Committee on Veterans' Affairs and Homeland Security then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 218 - "A Bill to amend and reenact §62-12-13 of the Code of West
Virginia, 1931, as amended, relating to powers and duties of the board of parole; eligibility for
parole; changing when an inmate's written parole release plan may be prepared and considered;
procedures for granting parole; accelerated parole eligibility for certain inmates who complete a
rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment;
authorizing the Division of Corrections to promulgate policies and procedures related to accelerated
parole eligibility; authorizing board of parole to contingently grant parole allowing board of parole
to consider inmates for parole who have certain detainers pending against them; reducing the period
for parole reconsideration; making technical corrections; making effective date for provisions related
to parole release plans effective from passage; and creating an internal effective date of January 1,
2011 for other amendments to the section"; which was referred to the Committee on the Judiciary
then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 236 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §19-32-1, §19-32-2, §19-32-3, §19-32-4 and §19-32-5, all relating to promoting aquacultural development in West Virginia; creating the Aquaculture
Development Act; providing definitions; setting forth legislative findings and purpose; setting forth
the powers and duties of the Department of Agriculture; creating the Aquaculture Advisory Board;
and setting forth the duties of the board"; which was referred to the Committee on Agriculture then
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 397 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-1-2b, relating to creating a single dwelling
residential housing index and multiplier; requirements for the Tax Commissioner; contents of the
index and multiplier; and reporting requirement"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 436 - "A Bill to amend and reenact §31-14-2 of the Code of West Virginia, 1931, as
amended, relating to the process of incorporation; and clarifying the requirements of that process";
which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Hall:
H. B. 4505 - "A Bill to amend and reenact §8A-4-6 of the Code of West Virginia, 1931, as
amended, relating to municipalities; effect of adopted subdivision and land development ordinances;
and providing that this chapter does not authorize an ordinance, rule or regulation preventing the
complete use of natural resources by the owner outside of urban areas"; to the Committee on
Political Subdivisions then the Judiciary.
By Delegates Andes, Miley, Moore, M. Poling, Lawrence, Mahan, Hamilton, Lane,
Hunt, Perry and Boggs:
H. B. 4506 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §48-5-614, relating to the revocation of death benefits by divorce";
to the Committee on the Judiciary.
By Delegates Reynolds, Border, Skaff, Sobonya, C. Miller, D. Walker, Campbell,
Spencer, Poore, Hunt and Manchin:
H. B. 4507 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2-11a, relating to establishing procedures for appealing an
adverse decision or action taken by a local board of health or local health officer"; to the Committee
on the Judiciary.
By Delegates Manchin, Beach, Caputo, Fleischauer, Fragale, Guthrie, Klempa, Poore,
Skaff, Doyle and Stowers:
H. B. 4508 - "A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931,
as amended, relating to increasing the allowable expense under the Crime Victims Award Program
that may be paid for the clean-up of real property damage by a methamphetamine laboratory"; to the
Committee on the Judiciary.
By Delegates Swartzmiller, Pethtel, Martin, Cann, D. Poling, Poore, Spencer and Boggs
[By Request of the State Auditor's Office]:
H. B. 4509 - "A Bill to amend and reenact §6-9-7 of the Code of West Virginia, 1931, as
amended, relating to allowing audits to be published electronically with notice to the proper
authorities"; to the Committee on the Judiciary.
By Delegates Skaff and Hall:
H. B. 4510 - "A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as
amended, relating to requiring all final actions by the Department of Environmental Protection
regarding coal mine permits to be completed within six months after the applicant provides all
information required for a final decision to be made on said application for a coal mining permit";
to the Committee on the Judiciary.
By Delegates Williams and Manypenny:
H. B. 4511 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to the consumers sales and service tax exemption for sales of livestock specifying
that sales of livestock sold at public sales sponsored by breeders or registry associations or livestock
auction markets, and sales of livestock, poultry or other farm products in their original state sold by
the producer of the livestock, poultry or other farm products or sold by a member of the producer's
immediate family, are exempt from the consumers sales and service tax, providing that producers
and family members of producers of livestock, poultry or other farm products in their original state
who also make retail sales of other tangible personal property, shall collect the consumers sales and
service tax on sales of other tangible personal property, specifying that sales of livestock, poultry or
other farm products produced and sold by the producer shall remain exempt notwithstanding sales of other tangible personal property, specifying that exemptions so allowed may be claimed without
presenting or obtaining exemption certificates, provided the farmer maintains adequate records"; to
the Committee on Agriculture then Finance.
By Delegates Caputo, Paxton, Perry, Fragale and D. Walker:
H. B. 4512 - "A Bill to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8e of the Code
of West Virginia, 1931, as amended, all relating to school bus operators; defining terms; clarifying
the minimum hourly rate for service personnel engaged in the training of bus operators; and updating
the certification testing requirements for bus operators"; to the Committee on Education then
Finance.
By Delegates Manchin, Beach, Caputo, Fleischauer, Iaquinta, Longstreth, Mahan,
Manypenny, Marshall and Perdue:
H. B. 4513 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22-6-42, relating to establishing requirements for Marcellus gas
well operations use of water resources"; to the Committee on the Judiciary.
By Delegate McGeehan:
H. B. 4514 - "A Bill to amend and reenact §11-15-3 of the Code of West Virginia, 1931, as
amended, relating to eliminating the sales tax on food"; to the Committee on Finance.
By Delegates Doyle, Blair, Lawrence and Klempa:
H. B. 4515 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §60-6-26, relating to granting the authority to counties and
municipalities to curtail the serving of alcoholic beverages by licensed clubs as early as one A.M.;
and providing an exception for those clubs that also hold video lottery licenses"; to the Committee on Political Subdivisions then the Judiciary.
By Delegate Louisos:
H. B. 4516 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §9-5-21, relating to requiring recipients of state assistance to show
photo identification when utilizing or receiving those benefits"; to the Committee on the Judiciary.
By Delegates Smith, Perry, Frazier, Rowan, Sumner, Pethtel, Staggers, Ellem, Ennis,
Ross and D. Poling:
H. B. 4517 - "A Bill to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as
amended, relating to requiring physicians or those assisting them in performing an abortion to
provide to the patient the opportunity to view an active ultrasound image of the fetus before
performance of the abortion procedure; recordation requirement; requiring physician or delegatee
to provide explanation of image and to answer female's questions; and providing penalties"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Skaff and Hall:
H. B. 4518 - "A Bill to amend and reenact §22-1-8 of the Code of West Virginia, 1931, as
amended, relating to the Department of Environmental Protection; and requiring the supervisory
officers of the offices within the Department of Environmental Protection to monitor litigation
challenging state statutes affecting the production of natural resources in West Virginia"; to the
Committee on Natural Resources then the Judiciary.
By Delegates T. Walker, Doyle, Blair, Duke, Cowles and J. Miller:
H. B. 4519 - "A Bill to amend and reenact §19-23-10, §19-23-13 and §19-23-13b of the
Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10 of said code; and to amend and reenact §29-22C-27 of said code, all relating to requiring all of an established $11 million
Racetrack Video Lottery Fund to be transferred into the existing West Virginia Racing Commission
Special Account - Unredeemed Pari-Mutuel Tickets account, to be used to pay certain current and
unpaid debt payments and, when those debt obligations have been fully met, all moneys deposited
in the Video Lottery Fund will fund the Workers' Compensation debt service until that debt is
retired; placing certain funds in the West Virginia Racing Commission Special Account - West
Virginia Greyhound Breeding Development Fund; removing a provision concerning the
Thoroughbred Development Fund; eliminating a $200,000 annual payment for providing health and
disability benefits to jockeys and their dependents; eliminating an obsolete provision concerning a
special trust fund; providing that the Racing Commission may use current funds to pay for previously
incurred obligations; requiring certain obligations be paid on an annual basis, some on a monthly
basis and others on a weekly basis; certain receipts from all thoroughbred and greyhound racetracks
be divided on a pro rata basis between those racetracks; and modifying a current treasury account
to include funds for greyhound adoption, spaying and neutering"; to the Committee on the Judiciary
then Finance.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
H. C. R. 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".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for H. B. 4220, Relating to the practice of medical imaging and radiation therapy;
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. 44),
and there were--yeas 81, nays 13, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Carmichael, Duke, Ellem, Lane, C. Miller, Porter, Rowan, Shott,
Sobonya, Sumner and Walters.
Absent And Not Voting: Argento, Barker, Mahan, Ross, Schoen and Wooton.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4220) 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. J. R. 101, Commercial and Industrial Tangible Personal Property Tax
Exemption Amendment; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the resolution was advanced to third reading with an amendment pending, and the rule was suspended to permit the offering and
consideration of amendments on third reading.
Com. Sub. for H. B. 4034, Authorizing any municipality to enact by ordinance a vacant
property registration program; on second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 4143, Relating to emergency medical services; on second reading,
coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4157, Removing outdated sunset language; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for H. B. 4176, Relating to credentialing of health care practitioners; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading.
Com. Sub. for H. B. 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; on second reading,
coming up in regular order, was, on motion of Delegate Boggs, laid over one day.
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; on second reading, coming
up in regular order, was read a second time and ordered to engrossment and third reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Barker, Mahan, Ross, Schoen and Wooton.
At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 17,
2010.
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