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House Journal


Day 01 (05-13-2010)
Day 02 (05-14-2010)
Day 03 (05-15-2010)
Day 04 (05-16-2010)
Day 05 (05-17-2010)
Day 06 (05-18-2010)
hdj2010-05-16-04


__________*__________




Sunday, May 16, 2010

FOURTH DAY

[Mr. Speaker, Mr. Thompson, in the Chair]



The House of Delegates met at 6:00 p.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 Saturday, May 15, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
S. B. 1010, Creating Behavioral Mental Health Services Fund,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 114, Making a supplementary appropriation of federal funds to the Governor's Office and to WorkForce West Virginia,
H. B. 115, Making a supplementary appropriation to the West Virginia Conservation Agency, the Department of Agriculture, the Department of Commerce, the Department of Education, and to the Department of Military Affairs and Public Safety,
H. B. 116, Making a supplementary appropriation to the WV Board of Examiners for Registered Professional Nurses,
H. B. 117, Supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways,
H. B. 118, Making a supplementary appropriation to the Lottery Commission, the Division of Finance, Public Defender Services, and to the Division of Corrections,
H. B. 119, Making a supplementary appropriation to the Governor's Office - Broadband Infrastructure Grant Fund, to the Department of Agriculture, to the Department of Education and the Arts, and to the Department of Health and Human Services,
H. B. 120, Making a supplementary appropriation of federal funds to WorkForce West Virginia,
H. B. 121, Making a supplementary appropriation of federal funds to the Department of Agriculture, the Department of Commerce, the Department of Education and the Arts, the Department of Revenue, and to the State Rail Authority,
H. B. 122, Making a supplementary appropriation to the Higher Education Policy Commission, the WV Board of Examiners for Registered Professional Nurses, and to the Board of Medicine,
And,
H. B. 123, Decreasing an item of appropriation from the Division of Highways, and adding a new item of appropriation to be designated as the Department of Transportation - Office of Administrative Hearings,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 124, Making a supplementary appropriation to the Senate, to the House of Delegates, to the Joint Expenses, to the Department of Administration, the Department of Commerce, and to various other state agencies,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 124 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Senate, fund 0165, fiscal year 2011, organization 2100, to the House of Delegates, fund 0170, fiscal year 2011, organization 2200, to the Joint Expenses, fund 0175, fiscal year 2011, organization 2300, to a new item of appropriation designated to the Department of Administration - Travel Management, fund 0615, fiscal year 2011, organization 0215, to the Department of Administration - Real Estate Division, fund 0610, fiscal year 2011, organization 0233, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, to the Department of Education - State Department of Education, fund 0313, fiscal year 2011, organization 0402, to the Department of Education - State Board of Education - Vocational Division, fund 0390, fiscal year 2011, organization 0402, to the Department of Education and the Arts - Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2011, organization 0431, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2011, organization 0432, to the Department of Education and the Arts - Library Commission, fund 0296, fiscal year 2011, organization 0433, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2011, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2011, organization 0511, to the Department of Military Affairs and Public Safety - Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 0453, fiscal year 2011, organization 0612, and to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2011, organization 0441, by supplementing and amending chapter 8, Acts of the Legislature, regular session, 2010, known as the Budget Bill,"
With the recommendation that the committee substitute do pass.
At the request of Delegate Boggs, and by unanimous consent, the House agreed that each bill reported from committee in today's proceedings be taken up for immediate consideration, read a first time and ordered to second reading.
Messages from the Executive

The Speaker laid before the House of Delegates an amended Proclamation of His Excellency, the Governor, which was read by the Clerk as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

Charleston


A P R O C L A M A T I O N

By the Governor

I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by virtue of the authority conferred upon me by Section 7, Article VII of the Constitution of West Virginia, do hereby state and proclaim that the Legislature, in the Extraordinary Session commencing the thirteenth day of May, two thousand ten, in its chambers in the State Capitol, City of Charleston, consider, in addition to the items of business stated and proclaimed in my proclamation of the twelfth day of May, two thousand ten, the following additional item of business:
SEVENTEENTH: A resolution providing for the issuance of not to exceed $45 million of refunding bonds pursuant to the Safe Roads Amendment of 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, this fifteenth day of May, in the year of our Lord, Two Thousand Ten, and in the One Hundred Forty-Seventh year of the State.

JOE MANCHIN, III,

Governor.

By the Governor:
Natalie E. Tennant
Secretary of State.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1014 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2010, to the Governor's Office - Office of Economic Opportunity Community Services, fund 8799, fiscal year 2010, organization 0100, and to Workforce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2010, organization 0323, by supplementing and amending the appropriations for the fiscal year ending June 30, 2010."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1015 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Agriculture, fund 0131, fiscal year 2010, organization 1400, to the West Virginia Conservation Agency, fund 0132, fiscal year 2010, organization 1400, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2010, organization 0307, to the Department of Education - State Department of Education, fund 0313, fiscal year 2010, organization 0402, to the Department of Education - State Department of Education - Aid for Exceptional Children, fund 0314, fiscal year 2010, organization 0402, and to the Department of Military Affairs and Public Safety - Division of Homeland Security and Emergency Management, fund 0443, fiscal year 2010, organization 0606, by supplementing and amending the appropriations for the fiscal year ending June 30, 2010."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1016 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2010, to the WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2010, organization 0907, all supplementing and amending the appropriation for the fiscal year ending June 30, 2010."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1017 - "A Bill supplementing, amending and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation - Division of Highways, fund 9017, fiscal year 2010, organization 0803, for the fiscal year ending June 30, 2010."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1018 - "A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Lottery Commission - Excess Lottery Revenue Fund Surplus, fund 7208, fiscal year 2010, organization 0705, to the Division of Finance, fund 2208, fiscal year 2010, organization 0209, to a new item of appropriation designated to the Public Defender Services, fund 2422, fiscal year 2010, organization 0221, and to the Division of Corrections - Correctional Units, fund 6283, fiscal year 2010, organization 0608, by supplementing and amending Chapter 10, Acts of the Legislature, Regular Session, 2009, known as the Budget Bill."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1019 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2010, to a new item of appropriation designated to the Governor's Office - ARRA NTIA Broadband Infrastructure Grant Fund, fund 8717, fiscal year 2010, organization 0100, to the Department of Agriculture - Land Protection Authority, fund 8896, fiscal year 2010, organization 1400, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services - Disability Determination Services, fund 8890, fiscal year 2010, organization 0932, and to the Department of Health and Human Resources - Division of Health - Central Office, fund 8802, fiscal year 2010, organization 0506, by supplementing and amending Chapter 10, Acts of the Legislature, Regular Session, 2009, known as the Budget Bill."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1020 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2011, to Workforce West Virginia - Workforce Investment Act, fund 8749, fiscal year 2011, organization 0323, by supplementing and amending the appropriation for the fiscal year ending June 30, 2011."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1021 - "A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2011, to the Department of Agriculture - Land Protection Authority, fund 8896, fiscal year 2011, organization 1400, to the Department of Commerce - Division of Natural Resources, fund 8707, fiscal year 2011, organization 0310, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services - Disability Determination Services, fund 8890, fiscal year 2011, organization 0932, to a new item of appropriation designated to the Department of Revenue - Insurance Commissioner - Qualified High Risk Pool, fund 8790, fiscal year 2011, organization 0704, and to the Department of Transportation - State Rail Authority, fund 8733, fiscal year 2011, organization 0804, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1022 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2011, to the Higher Education Policy Commission - System - Tuition Fee Capital Improvement Fund (Capital Improvement and Bond Retirement Fund) Control Account, fund 4903, fiscal year 2011, organization 0442, to the WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2011, organization 0907, and to the Board of Medicine, fund 9070, fiscal year 2011, organization 0945, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1023 - "A Bill supplementing and amending appropriations from the State Road Fund by decreasing an existing item of appropriation from the Department of Transportation - Division of Highways, fund 9017, fiscal year 2011, organization 0803, and adding a new item of appropriation to be designated as the Department of Transportation - Office of Administrative Hearings, fund 9027, fiscal year 2011, organization 0808, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bills (S. B. 1014, S. B. 1015, S. B. 1016, S. B. 1017, S. B. 1018, S. B. 1019, S. B. 1020, S. B. 1021, S. B. 1022 and S. B. 1023) to a committee was dispensed with, and they were taken up for immediate consideration, each read a first time and ordered to second reading.
Resolutions Introduced

Delegate Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 105 - "Requesting that the bridge between mile markers 54 and 55 on Interstate 79 in Braxton County, West Virginia be named the 'Ray P. Reip Memorial Bridge'."
Whereas, Ray P. Reip was born in Braxton County, West Virginia in 1919 on his parent's farm; and
Whereas, Ray Reip would walk several miles through countryside and then cross the Elk River by boat to attend high school; and
Whereas, Ray Reip served in the United States Navy during World War II as an aviation radioman, and, after his honorable discharge, Ray returned to his beloved farm in Braxton County where he married his wife and had two daughters; and
Whereas, Following in his father's footsteps, Ray Reip was a farmer, that any neighbor could rely on day or night for his help; and
Whereas, With the decision to build Interstate 79, Interstate 79 would transect Ray's farm, taking his homestead, three barns, three ponds and land locking approximately 30 acres; and
Whereas, Ray worked hard to provide for his family, and always loved living in West Virginia, which he truly believed was the next best place to Heaven; and
Whereas, Betty, Ray's surviving wife, served as a marine in World War II and is one of the oldest female veterans of World War II in Braxton County, West Virginia; and
Whereas, Ray P. Reip was a wonderful husband, a loving father, a loyal neighbor, and served his community unselfishly, his country with honor and distinction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the the bridge between mile markers 54 and 55 on Interstate 79 in Braxton County, West Virginia, the "Ray P. Reip 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 "Ray P. Reip 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, Mr. Reip's wife, Betty Reip and his two daughters, Barbara Morgan and Donna Pierson.
Delegate Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 106 - "Requesting the Division of Highways to name bridge number 08-28-7.78 on County Route 28 in Clay County, West Virginia, the "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge."
Whereas, Staff Sergeant Arthur Coulter was born on September 9, 1949, and raised in Clay, West Virginia; and
Whereas, Corporal E.J. Sizemore was born on March 28, 1939, and raised in Clay, West Virginia; and
Whereas, Upon graduating from Clay County High School, Corporal E. J. Sizemore enlisted in the U.S. Army and served as an infantryman in the 101st Airborne Division, Screamin' Eagles; and
Whereas, Staff Sergeant Arthur Coulter enlisted in the West Virginia Air National Guard on June 22, 1970; and
Whereas, Corporal E. J. Sizemore enlisted in the West Virginia Army National Guard on January 26, 1974; and
Whereas, Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore were both killed in static line parachute accidents on September 20, 1975; and
Whereas, It is only fitting and proper that this bridge be named in their honor, and that it henceforth stand as a permanent memorial so that Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore's supreme sacrifice will never be forgotten; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 08-28-7.78 on County Route 28 in Clay County, West Virginia the "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the families of Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore and the Secretary of the Department of Transportation.
Mr. Speaker, Mr. Thompson, and Delegate Armstead [By Request of the Executive], offered the following resolution, which was read by its title as follows:
H. C. R. 107 - "Providing for the issuance of not to exceed $45 million of refunding bonds pursuant to the 'Safe Roads Amendment of 1996', article two-g, chapter thirteen of the Code of West Virginia and article twenty-six, chapter seventeen of said code."
Resolved by the Legislature of West Virginia:
That safe road refunding bonds in the principal amount not to exceed $45 million are authorized to be issued by the State of West Virginia and sold by the Governor by the fiscal year ending June 30, 2011; and, be it
Further Resolved, That the bonds shall be issued in registered form, in such denominations, maturing at such times and bearing such date or dates as the Governor may determine; and, be it
Further Resolved, That all such bonds shall be payable at the Office of the Treasurer of the State of West Virginia, or at a bank in the City of Charleston to be designated by the Governor; and, be it
Further Resolved, That the bonds shall bear interest at rates and be payable in amounts as determined by the Governor; and, be it
Further Resolved, That the State Treasurer shall pay the principal and/or interest then due on the bonds to the registered owners thereon at the addresses shown by the record of registration; and, be it
Further Resolved, That the bonds shall be signed as provided in section two, article twenty- six, chapter seventeen of the Code of West Virginia; and, be it
Further Resolved, That the bonds may be redeemable on such date or dates prior to maturity as determined by the Governor; and, be it
Further Resolved, That the Governor shall sell the bonds herein mentioned at such time or times in such amounts, not exceeding the aggregate principal amount described above, at such prices as he may determine necessary to provide funds for the purposes provided below; and, be it
Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid into a special and irrevocable trust fund, separate and apart from other funds of the State of West Virginia, to be held in the custody of an escrow trustee to be designated by the Governor; and, be it
Further Resolved, That an irrevocable deposit of said moneys in trust for, and such moneys and the investments thereof, together with any income or interest earned thereon, shall be applied to the payment of the principal of and interest on certain issued and outstanding safe road bonds, to be selected by the Governor, as the same become due and payable.
House Calendar

Third Reading

H. B. 103, Renaming conservation officers as natural resources police officers, chief conservation officer as chief natural resources police officer and clarifying the effect of nomenclature changes on pensions; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
S. B. 1003, Renaming conservation officers natural resources police 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. 455), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Azinger, Cann, Caputo, Hartman, Hutchins, Mahan, Manchin, Michael, Ross, Schadler, Shook, Sobonya and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 1003) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 456), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Azinger, Cann, Caputo, Hartman, Hutchins, Mahan, Manchin, Michael, Ross, Schadler, Shook, Sobonya and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 1003) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
At 6:15 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:45 p.m., and reconvened at that time.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
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. 109, Providing for teacher empowerment teams,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 109 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5D-1, §18-5D-2 and §18-5D-3, all relating to collaborative team school-based decision-making; establishing purpose; school application to state board to create teams; request to replace certain school-level committees; contents of application; local level approval prior to submission of application; state board approval; state board waiver of rules requiring certain school-level committees; exemptions granted to school from certain statutes requiring school-level committees is requested in approved application; collaborative team authorization to request waivers of state and county policies; and requiring state board rule,"
With the recommendation that the committee substitute do pass, and with the further recommendation that 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. 109) to the Committee on Finance was dispensed with.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill was taken up for immediate consideration, read a first time and then ordered to second reading.
Delegate Boggs moved that the constitutional rule requiring the bill to be fully and distinctly read on three different days be dispensed with.
On this question, the yeas and nays were taken (Roll No. 457), and there were--yeas 78, nays 5, absent and not voting 17, with the nays and absent and not voting being as follows:
Nays: Andes, Lane, McGeehan, J. Miller and Porter.
Absent And Not Voting: Anderson, Argento, Azinger, Cann, Caputo, Hartman, Hutchins, Mahan, Manchin, Michael, Moore, Phillips, Ross, Schadler, Shook, Sobonya and Stephens.
So, four fifths of the members present having voted in the affirmative, the constitutional rule was dispensed with.
The bill was then read a second time and ordered to engrossment and third reading.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 458), and there were--yeas 78, nays 5, absent and not voting 17, with the nays and absent and not voting being as follows:
Nays: Andes, Eldridge, McGeehan, J. Miller and Porter.
Absent And Not Voting: Anderson, Argento, Azinger, Cann, Caputo, Hartman, Hutchins, Mahan, Manchin, Michael, Moore, Phillips, Ross, Schadler, Shook, Sobonya and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 109) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1024 - "A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Senate, fund 0165, fiscal year 2011, organization 2100, to the House of Delegates, fund 0170, fiscal year 2011, organization 2200, to Joint Expenses, fund 0175, fiscal year 2011, organization 2300, to a new item of appropriation designated to the Department of Administration - Travel Management, fund 0615, fiscal year 2011, organization 0215, to the Department of Administration - Real Estate Division, fund 0610, fiscal year 2011, organization 0233, to the Department of Commerce - West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, to the Department of Education - State Board of Education - Vocational Division, fund 0390, fiscal year 2011, organization 0402, to the Department of Education and the Arts - Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2011, organization 0431, to the Department of Education and the Arts - Division of Culture and History, fund 0293, fiscal year 2011, organization 0432, to the Department of Education and the Arts - Library Commission, fund 0296, fiscal year 2011, organization 0433, to the Department of Health and Human Resources - Division of Health - Central Office, fund 0407, fiscal year 2011, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2011, organization 0511, to the Department of Military Affairs and Public Safety - Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, to the Department of Military Affairs and Public Safety - West Virginia State Police, fund 0453, fiscal year 2011, organization 0612, and to Higher Education - Higher Education Policy Commission - Administration - Control Account, fund 0589, fiscal year 2011, organization 0441, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 1024) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 1011 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-23, relating to effectuating the federal Patient Protection and Affordable Care Act of 2010; authorizing the Insurance Commissioner to apply for and expend certain federal grants; authorizing the Insurance Commissioner to enter into contracts to implement insurance programs authorized under the federal Patient Protection and Affordable Care Act of 2010; exempting certain contracts from the state purchasing rules; authorizing the Insurance Commissioner to designate a plan administrator; establishing a special revenue account in the State Treasury; authorizing investment; and authorizing the Insurance Commissioner to promulgate emergency and legislative rules to effectuate certain provisions of the federal Patient Protection and Affordable Care Act of 2010."
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 1011) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
The bill was then referred to the Committee on the Judiciary.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento, Azinger, Cann, Caputo, Hartman, Hutchins, Mahan, Manchin, Michael, Ross, Schadler, Shook, Sobonya and Stephens.
At 7:12 p.m., the House of Delegates adjourned until 4:00 p.m., Monday, May 17, 2010.

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