hdj2011-02-11-31
__________*__________
Friday, February 11, 2011
THIRTY-FIRST 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 Thursday, February 10, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
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 94 of the Rules of the House of Delegates, relating to the order of
business, introduction of guests,
And,
H. R. 19, Amending the rules of the House of Delegates, relating to requiring a Jobs Impact
Statement be attached to proposed legislation affecting employment or taxes in the state,
And reports the same back with the recommendation that they each be rejected.
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. 29, The "Simpson Brothers Veterans Bridge",
And reports the same back with the recommendation that it be adopted.
On motion for leave, a resolution was introduced (Originating in the Committee on Senior
Citizen Issues and reported with the recommendation that it be adopted), which was read by its title,
as follows:
By Delegates Williams, Moye, Butcher, D. Campbell, Craig, Ferro, Hatfield,
Longstreth, Manchin, Manypenny, Marshall, Moore, Pethtel, Pino, D. Poling,
Stephens, Rowan, Duke, Hamilton, Howell, Sigler, Snuffer and Sumner:
H. C. R. 65 - "Requesting the Joint Committee on Government and Finance study the state's
in-home direct care workforce in an effort to improve the quality and quantity of available in-home
direct care workers to ensure a trained and competent workforce exists to care for the state's growing
aged population."
Whereas, Currently 15.8% of West Virginians are age 65 or older and this number will rise
to 24.8% by 2030 ; and
Whereas, In-home direct care workers are often the primary providers of in-home long-term support and services for older West Virginians, who wish to spend their later years in their own
homes; and
Whereas, A large portion of in-home direct care workers are employed through publicly
funded programs such as the Medicaid Aged and Disabled Waiver Program, the Lighthouse Program
and the Family Alzheimer In-Home Respite (FAIR) program; and
Whereas, In-home direct care workers provide a range of basic but vital support services
including grooming, meal preparation, bathing, housekeeping, laundry and dressing that often allow
older West Virginians to remain in their homes as they age and avoid more costly institutional care;
and
Whereas, Due to contributing factors such as job stress, lack of training, low wages and
meager benefits, turnover rates for in-home direct care workers are high and costly and affect the
overall consistency of support provided to older West Virginians; and
Whereas, Many in-home direct care workers earn minimum wage and rely on the same
federal and state public assistant programs as the individuals for whom they provide care; and
Whereas, No standard training program exists across West Virginia for in-home direct care
workers; and
Whereas, No mechanism exists in West Virginia to comprehensively track the in-home
direct care workforce; and
Whereas, The Centers for Medicare and Medicaid Services, in a 2009 publication, urged
states to expand data collection on public long-term care programs to include the tracking and
monitoring of key direct care services workforce to help inform policy and program development;
and
Whereas, Employers of in-home direct care workers could benefit from being able to
consult a database with background information on current and prospective employees to ensure the
safety of the vulnerable population they serve; and
Whereas, In order to ensure the development of a quality, trained in-home direct care
workforce, a broad group of stakeholders must come together to study the issues and pursue
strategies for improvement; and therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on the state's in-home direct care workforce; approaches used for in-home care and community care
workforce development in surrounding states; Allied health care; potential education pathways,
including the development of training programs at vocational schools, community and technical
colleges and advanced education and degrees, and explore the creation of a database managed by the
Bureau for Senior Services that details qualifications and experience of in-home care workers in an
effort to improve the quality and quantity of available in-home direct care workers to ensure a trained
and competent workforce exists to care for the state's growing aged population; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2012 on its findings, conclusions and
recommendations together with drafts of any legislation 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.
The Speaker referred the resolution (H. C. R. 65) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on
Constitutional Revision and reported with the recommendation that it be adopted), which was read
by its title, as follows:
By Delegates Fleischauer, Guthrie, Brown, Hatfield, Marshall, Poore, Morgan, Perdue,
Armstead, Lane and Overington:
H. J. R. 37 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article X thereof, relating to homestead exemption increase; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment."
In the absence of objection, the resolution (H. J. R. 37) was referred to the Committee on
Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2208, Providing for actual costs to be paid for municipal audits and reducing the cap
on audits for Class IV municipalities,
And,
H. B. 2855, Providing that the salaries for certain county officials and employees are
minimum salaries,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they each first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2208 and H. B. 2855)
were referred to the Committee on Finance.
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. 3028, Expanding the responsibilities of the Maternal Mortality Review Team,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3028 - "A Bill to amend and reenact §48-25A-1, §48-25A-2 and
§48-25A-3 of the Code of West Virginia, 1931, as amended, all relating to expanding the
responsibilities of the Maternal Mortality Review Team to include infant mortality reviews; and
renaming it the Infant and Maternal Mortality Review Team,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3028) to the Committee
on Finance was abrogated.
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. 3021, Adding two new members to the Comprehensive Behavioral Health
Commission,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3021 - "A Bill to amend and reenact §16-42-3, §16-42-5 and §16-42-7 of the Code of West Virginia, 1931, as amended, all relating to the Comprehensive Behavioral
Health Commission; adding two members to the Comprehensive Behavioral Health Commission;
providing that if two specific members designate another person to serve in his or her place, those
designees are non-voting members; requiring a chairperson be selected by the commission members;
permitting a chairperson to serve no more than two consecutive years; adding another member to the
advisory board to the commission; permitting members who are on the board on July 1, 2011 to
continue to serve; requiring yearly reports to the Governor and Legislature; and extending the life
of the commission by another four years to 2015,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Government Organization be
dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3021) to the Committee
on Government Organization was abrogated.
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. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot
access to be made public and verified,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2533 - "A Bill to amend and reenact §3-5-23 of the Code of West
Virginia, 1931, as amended, relating to nomination certificates for candidates for public office;
requiring the identities of signatories to a nominating certificate for a person seeking ballot access to be made public; requiring the investigation of the validity of signatures; and the verification of
signatures by the Secretary of State if the office covers more than one county,"
With the recommendation that the committee substitute 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. 2613, Governor's Committee on Crime, Delinquency and Correction, protocol for law
enforcement response to domestic violence,
And,
H. B. 2614, Governor's Committee on Crime, Delinquency and Correction, law enforcement
training standard,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2613 - "A Bill to amend and reenact article 6, chapter 64 of the Code
of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules
by the Department of Military Affairs and Public Safety and the procedures relating thereto;
legislative mandate or authorization for the promulgation of certain legislative rules by various
executive or administrative agencies of the Department of Military Affairs and Public Safety;
authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended by the Legislative Rule-Making
Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as
amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making
Review Committee and as amended by the Legislature; authorizing the Governor's Committee on
Crime, Delinquency and Correction to promulgate legislative rules relating to Protocol for Law
Enforcement Response to Domestic Violence, (149 CSR 3) and Law Enforcement Training
Standards, (149 CSR 2),"
With the recommendation that the committee substitute 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. 2918, Relating to permanent business registrations,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2918) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2932, Authorizing the Marketing and Communications office of the Department of
Commerce to promote and sell West Virginia related items,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2932) was referred to the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2524, Relating to the practice of speech-language pathology and audiology,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2524) was referred to
the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2959, Providing additional funds to the West Virginia Racing Commission,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2959) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3031, Authorizing professional licensing boards to obtain criminal history record
checks,
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. 3031) was referred to
the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2843, Relating to public records management and preservation,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2843) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2985, Updating the Logging Sediment Control Act,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2985) was referred to
the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Education
and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates M. Poling, Paxton, Perry, Moye, Barill, D. Campbell, Rodighiero,
Lawrence, Pethtel, Pasdon, Savilla and Sumner:
H. C. R. 66 - "Requesting the Joint Committee on Government and Finance to conduct a
study regarding the various learning disabilities that affect many students in West Virginia; the
barriers faced, services provided, accommodations furnished, and specially designed instruction
delivered to meet such students' unique needs; and the level of awareness regarding available
services, accommodations and specialized instruction that exists among parents of students with
learning disabilities."
Whereas, Learning disabilities such as, but not limited to, perceptual disabilities, brain
injuries, minimal brain dysfunction, dyslexia and developmental aphasia, affect a large number of
students in West Virginia; and
Whereas, Students with learning disabilities are capable of learning successfully when their
needs are appropriately addressed; and
Whereas, In order to ensure that students with learning disabilities achieve academic
success to their highest potential, it is critical that they receive services and instruction that are
appropriate to their learning needs; and
Whereas, The West Virginia Department of Education strives to ensure that for students
with learning disabilities instructional delivery is adequate and effective, necessary provisions are
available, and appropriate accommodations are furnished; and
Whereas, While provisions to foster successful learning by students with learning
disabilities are available through the State Board and county boards of education, parents may not
be aware of the options that are available to their children; and
Whereas, The needs of students with learning disabilities can be served best if the
Legislature examines the issues surrounding services and instruction delivered to these students and
determines whether any significant barriers exists that limit access to appropriate provisions;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
various learning disabilities that affect many students in West Virginia; the barriers faced, services
provided, accommodations furnished, and specially designed instruction delivered to meet such
students' unique needs; and the level of awareness regarding available services, accommodations
and specialized instruction that exists among parents of students with learning disabilities; and, be
it
Further Resolved, That the said Joint Committee on Government and Finance is requested
to report to the regular session of the Legislature, 2012, 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
draft necessary legislation are requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 66) to the Committee on Rules.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2739, Local Solution Dropout Prevention and Recovery Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2739) was referred to
the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2709, Allowing county school boards to enter into energy-saving contracts,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2709 - "A Bill to amend and reenact §18-5-9a of the Code of West
Virginia, 1931, as amended, relating to lease purchase contracts for energy saving measures and
energy-saving contracts entered into by county boards; and allowing these contracts to have a term
of up to fifteen years,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2709) to the Committee
on the Judiciary was abrogated.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates Shaver, M. Poling, Perry, Pethtel, Lawrence, Ennis, Smith, Pasdon and Moye:
H. B. 3116 - "A Bill to amend and reenact §18-5A-6 Bill Title of the code of West Virginia,
1931, as amended, relating to the authority of school curriculum teams and local school collaborative
processes with respect to selection and use of testing and assessment instruments not required by
statute or state board when certain conditions are met; providing purposes of section; clarifying
duties and removing conflicting language; specific exceptions; providing discretionary use of certain
assessments, instructional strategies and programs for certain teams when certain conditions are met;
vesting powers and duties of curriculum teams with certain collaborative processes if formed; and
authorizing collaborative process to incorporate functions of other committees required by rule
eliminate the committees at the school."
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2949, Providing definitions of "low income" for purposes of property tax relief
programs,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2949 - "A Bill to repeal §11-6I-1, §11-6I-2, §11-6I-3, §11-6I-4,
§11-6I-5, §11-6I-6, §11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10 and §11-6I-11 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §11-21-21, §11-21-23, and §11-21-24 of said
code, all relating to providing property tax relief to taxpayers generally; providing definitions of
'low income' for purposes of property tax relief programs; allowing only 'low income' taxpayers to
receive the tax credit benefits of property tax relief programs; allowing those eligible for the homestead exemption to take both the senior citizens' tax credit for property tax paid on the first
$20,000 of taxable assessed value of a homestead and the refundable tax credit for real property
taxes paid in excess of four percent of gross household income; repealing the Senior Citizen Property
Tax Payment Deferment Act; and eliminating the alternative low income property tax increment
refundable credit program,"
With the recommendation that the committee substitute 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. 2164,
Relating to public school support computation of local share,
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. 2573, Consolidated Public Retirement Board, public employees retirement system,
H. B. 2574, Consolidated Public Retirement Board, refund, reinstatement, retroactive service,
loan and employer error interest factors,
H. B. 2602, Secretary of State, combined voter registration and driver licensing fund,
H. B. 2896, Administration, state owned vehicles,
H. B. 2897, ABCC, licensed retailer operations,
H. B. 2903, Election Commission, public campaign financing pilot program,
H. B. 2904, Health, emergency medical services,
And,
H. B. 2910, Racing Commission, pari-mutuel wagering,
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. 2573, H. B. 2574, H.
B. 2602, H. B. 2896, H. B. 2897, H. B. 2903, H. B. 2904 and H. B. 2910) 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. 2571, Consolidated Public Retirement Board, general provisions,
H. B. 2572, Consolidated Public Retirement Board, teachers' defined contribution system,
H. B. 2575, Consolidated Public Retirement Board, WV State Police,
H. B. 2603, State Rail Authority, valuation used in rolling stock and equipment,
H. B. 2604, Tax Department, exchange of information agreement between department and
lottery,
H. B. 2641, Tax Department, commercial patent incentives tax credit,
H. B. 2642, Tax Department, exchange of information agreement between department and
fire marshal,
H. B. 2898, ABCC, licensing of retail outlets,
And,
H. B. 2911, Treasurer's Office, establishment of imprest funds,
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. 2571, H. B. 2572, H.
B. 2575, H. B. 2603, H. B. 2604, H. B. 2641, H. B. 2642, H. B. 2898 and H. B. 2911) were each
referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:
By Delegates White, T. Campbell, M. Poling, Kominar, Doyle, Williams, Stowers, D.
Poling, Anderson, Border and Cowles:
H. B. 3115 - "A Bill making 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 State Department of Education - State Aid to Schools, fund 0317,
fiscal year 2011, organization 0402, by supplementing and amending the appropriations for the fiscal
year ending June 30, 2011."
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. 196 - "A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of robbery and attempted robbery;
creating offenses of robbery or attempted robbery causing serious bodily injury, robbery or attempted
robbery with the discharge of a firearm, robbery or attempted robbery causing bodily injury; robbery
by presentation or threat of a deadly weapon; creating offenses of general robbery or attempted
robbery; and establishing criminal penalties"; 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, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 205 - "A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of 'federal taxable income' and certain other terms used
in the West Virginia Corporation Net Income Tax Act; and specifying effective dates"; 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, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 215 - "A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as
amended, relating to updating the meaning of 'federal adjusted gross income' and certain other terms
used in the West Virginia Personal Income Tax Act; and providing effective dates"; 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
Com. Sub. for S. B. 338 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §9-5-21; and to amend and reenact §9-9-6 of said code,
all relating to permitting the state to opt out of a federal statute that would otherwise not allow a state
resident who has been convicted of a felony involving a controlled substance from receiving certain
benefits provided by the Social Security Act and the Food Stamp Act"; 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. 385 - "A Bill to amend and reenact §61-2-15a of the Code of West
Virginia, 1931, as amended, relating to increasing special penalties for assault and battery on an
athletic official such that confinement is consistent with assault and battery on the general public";
which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 14 -"Requesting the Division of Highways name bridge number 03-03-40.39, on
Route 3 in Whitesville, Boone County, and crossing the Big Coal River, the 'CPL Charles "Mitchell"
Hannah Memorial Bridge'."
Whereas, CPL Charles "Mitchell" Hannah was born on March 13, 1948, in Highcoal, West Virginia, and was a life-long resident of the area; and
Whereas, CPL Charles "Mitchell" Hannah was the son of the late Harrison Hannah and
Mabel Jarrell Hannah Clay, who still resides in the Whitesville area; and
Whereas, CPL Charles "Mitchell" Hannah was a 1966 graduate of Sherman High School
and later joined the United States Marine Corps in May of 1967; and
Whereas, CPL Charles "Mitchell" Hannah was ordered to serve in Vietnam in the fall of
1967 as a rifleman; and
Whereas, CPL Charles "Mitchell" Hannah was a member of India Company, 3
rd Battalion,
7
th Marines, and 2
nd Platoon of the First Marine Division; and
Whereas, CPL Charles "Mitchell" Hannah, after serving only five months and engaging in
numerous combat operations, received four promotions to Squad Radio Man, M-79 Man, 2
nd Fire
Team Leader, and 1
st Fire Team Leader with a new rank of Lance Corporal; and
Whereas, Sadly, CPL Charles "Mitchell" Hannah made the ultimate sacrifice on June 16,
1968, while on patrol in the Quang Nam province of Vietnam; and
Whereas, CPL Charles "Mitchell" Hannah qualified for the following medals: The Purple
Heart, Combat Action Ribbon, Presidential Unit Citation, Meritorious Unit Commendation, National
Defense Service Ribbon, RVN Service Medal, RVN Cross of Gallantry, Individual, RVN Cross of
Gallantry, Unite Citation, RVN Civil Actions, Unit and the RVN Campaign Medal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name bridge number 03-03-40.39, on Route 3, in Whitesville,
Boone County, and crossing the Big Coal River, the "CPL Charles 'Mitchell' Hannah Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "CPL Charles 'Mitchell' Hannah Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of CPL Charles
"Mitchell" Hannah.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 16 - "Requesting the Division of Highways name WV 54, from its intersection with
CR 54/4 to its intersection with WV 16, the 'C.C. "Sonnie" Phillips Bypass'."
Whereas, C.C. "Sonnie" Phillips was born April 6, 1925, and has lived in Mullens, West
Virginia, his entire life; and
Whereas, C.C. "Sonnie" Phillips graduated from Mullens High School in 1946, Concord
College in 1950, West Virginia University in 1951 and received his Drivers Education Certification
from Old Dominion College in 1952; and
Whereas, C.C. "Sonnie" Phillips was a teacher at Mullens High School from 1951 to 1972
and went on to become the Principal from 1972 to 1988; and
Whereas, C.C. "Sonnie" Phillips public service includes being Mayor of the City of
Mullens from 1972 to 1976; being on the Board of Directors for the American Red Cross, Integrated
Resources, the Wyoming County Health Department, the Wyoming County Convention & Visitor's Bureau and the King Coal Highway; and
Whereas, C.C. "Sonnie" Phillips is an Elder at First Presbyterian Church of Mullens, is on
the Board of Advisors at Southern West Virginia Community & Technical College, is an official
with Little League Baseball and Midget League Football of Mullens and is an official with the
WVIAC; and
Whereas, C.C. "Sonnie" Phillips is married to his beloved wife, Betty Jo, with whom he
shares the joy of having two daughters, Sunny Suzanne and Terri Lea; and
Whereas, It is fitting and proper, to honor C.C. "Sonnie" Phillips for his years of dedicated
public service, by naming WV 54, from its intersection with CR 54/4 to its intersection with WV 16,
the C.C. "Sonnie" Phillips Bypass; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name WV 54, from its intersection with CR 54/4 to its
intersection with WV 16, the "C.C. 'Sonnie' Phillips Bypass"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bypass as the "C.C. 'Sonnie' Phillips Bypass"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and C.C. "Sonnie" Phillips.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
S. C. R. 17, Adopting joint rules of the Senate and House of Delegates.
On motion of Delegate Boggs, the resolution was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On page twenty-four, by striking out the words "as determined",
And,
After the word "Constitution", by inserting a comma and the words "the Rules of the Senate,
the Rules of the House of Delegates, respectively, these Joint Rules" and a comma.
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment
to the House amendment.
The resolution, as amended by the House, and further amended by the Senate, was then
adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
* * * * * * *
The Joint Rules, as amended, were as follows:
JOINT RULES OF SENATE AND
HOUSE OF DELEGATES
Joint Assembly
1. Whenever there shall be a joint assembly of the two houses, a brief account of the
proceedings shall be entered upon the Journal of each house, except in the joint assembly for
counting votes for state officers.
Joint Assembly to Open and Publish Election Returns
2. As soon as the Senate, being organized, is informed that the House of Delegates is ready to proceed, as provided by section three of article seven of the Constitution, to open and publish the
returns of the election for state officers, the Senate, preceded by its
President presiding officer and
other officers, shall repair in a body to the hall of the House of Delegates. Upon their arrival the
Sergeant at Arms of the House of Delegates shall announce the presence of the Senate. The
President presiding officer of the Senate shall then address the Speaker of the House, stating that a
majority of the Senate has assembled in the hall of the House of Delegates to be present at the
opening and publishing of the returns of the elections for State officers, held on the ______ day of
_____________. The Speaker of the House of Delegates shall invite the
President presiding officer
of the Senate to a seat upon his right, and the other members of the Senate and officers thereof to
take seats assigned to them, and after announcing that a majority of the House of Delegates is
present, shall then open and publish the returns of said election, proceeding by counties in
alphabetical order, the Clerks of the two houses each taking down the returns as announced by the
Speaker, to be entered upon the Journal of the House, and when completed and tabulated the Speaker
shall announce the votes received by each person voted for, for each of said offices, and those
receiving the largest number of votes, shall be by him declared duly elected; and the Senate shall
then return to its hall, and if any two or more candidates for any of said offices have an equal and
the highest number of votes for the same office, the two houses shall immediately proceed to choose
one of such persons for said office by a joint vote, as provided by Section 3 of Article VII of the
Constitution.
Disagreement and Conference
3. (a) Whenever a measure of one house is amended in the other and the house in which it
originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. But when a measure originating in one house is amended in the other,
the house in which it originated may amend such amendment and a motion therefor shall take
precedence of a motion to concur. If said house refuses to concur, the other house may either recede
from or insist upon its amendment, and a motion to recede shall take precedence of a motion to
insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to
the motion to recede from or to insist.
A motion to recede having failed shall be equivalent to the adoption of a motion to insist and
shall be so entered upon the Journal. A motion to insist being decided in the negative shall be
equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the
motion to insist prevails, the house so insisting shall request a committee of conference on the
subject of disagreement, and shall appoint a committee therefor. The other house may thereupon
appoint such committee. Unless a different number is agreed upon, such conference committee shall
consist of five members from each house.
Such committee shall consider and report upon only the subject matter of the amendment or
amendments which were in disagreement, with necessary consequential changes. The committee
shall meet at a convenient time, to be agreed upon by their Chairmen, and upon notifying all
conferees of the time and place of any such meeting, and having conferred freely, shall report to their
respective houses the result of the conference. In case of agreement, the report shall be first made,
with the papers referred accompanying it, to the house which refused to concur, and there acted
upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the
other house. In case of disagreement, the papers shall remain with the house in which the measure
originated. If an agreement is reached, the report shall be made and signed in duplicate by at least a majority of the conferees from each house, one of the duplicates being retained by the conferees
of each house.
(b) With respect to any conference agreed to within the first fifty-one days of a regular
session, the conference committee shall report to each house within seven days of agreement to
conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of
those present and voting in each house, the
President of the Senate and Speaker of the House of
Delegates presiding officer of each house may extend the conference not to exceed an additional
three days. In no event shall a conference committee report to each house later than 9:00 P.M. on
the sixtieth day.
With respect to any conference agreed to after the fifty-first day of a regular session, or any
time during any extraordinary session, the conference committee shall report to each house within
three days after agreement to conference or be discharged, except that such conference may be
extended by concurrent resolution duly adopted by a majority of those present and voting in each
house, for a period not to exceed one additional day. In no event shall a conference committee report
to each house later than 9:00 P.M. on the sixtieth day.
Any conference committee which fails to report within the time limits established by this rule
shall be deemed to be discharged, and the papers referred shall remain with the house in which the
measure originated.
Any conference report shall, upon recognition by the presiding officer, be communicated to
each house by its Clerk and made available to members of each house. Each house shall designate
a location or office where copies of such report shall be made available. The Clerk shall
communicate availability of conference reports by an announcement to the members of said house during the session. Such announcement can be made at any time upon recognition by the presiding
officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the
conference report shall lie over one day and shall not be considered in either house until at least the
next day following, but thereafter it shall be proper to take up consideration of the conference report
at any time otherwise permitted by the rules of such house whether or not such house met on the
preceding day:
Provided, That after the fifty-ninth day of any regular session or on any day of any
extraordinary session a conference committee report may be considered the same day if availability
of written copies of such report is communicated to that house while in session at least two hours
prior to any consideration:
Provided, however, That the conference report may be taken up for
immediate consideration at any time by a two-thirds vote of the members of that house present.
Nothing herein shall affect the right of the presiding officer of either house to appoint or
discharge any conference committee as heretofore provided, such right to appoint and discharge such
committee being subject to the rules of each respective house.
The provisions of subsection (b) above shall not apply to the Budget Bill.
Messages Between the Houses
4. When a message is sent by one house to the other, it shall be
announced at the door
communicated by the Clerk thereof to the Clerk of the house to which it is sent,
by the Doorkeeper
thereof, if it be in session, and then be respectfully communicated to the presiding officer by the
person by whom it may be sent, but no message shall be received during a call of the roll.
But the
The Clerk of one house may communicate a message to the Clerk of the other after adjournment, and
any message so sent shall be received by the house to which it is sent whenever it may be in session.
Bill Processing
5. (a) In every regular session beginning after the effective date of this rule, legislation
recommended by the Governor or by executive departments or agencies is requested to be filed in
the respective Clerks' offices and a copy sent to Legislative Services, no later than the tenth day of
each regular session of a Legislature.
(b) No bill or joint resolution shall be considered on third reading in its house of origin after
the fiftieth day, unless authorization shall be granted by a concurrent resolution adopted by a two-
thirds vote of the members present of both houses:
Provided, That the Budget Bill, or any salary or
supplementary appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent resolution approved by a two-thirds
majority of those present and voting in each house. A house desiring to suspend this rule may adopt
a concurrent resolution and proceed as if the concurrent resolution had been adopted in both houses
and the rule suspended. Any bill or joint resolution passed pursuant to such concurrent resolution
may be communicated to the other house with the concurrent resolution or at any time after the
concurrent resolution has been communicated to the other house. The other house may proceed to
consider such bill or joint resolution only after adopting the concurrent resolution. The provisions
of this rule shall not apply to any extended regular session or to any extraordinary session.
Processing of Bills Authorizing the Promulgation of Proposed Legislative Rules; Duplication
and Distribution of Proposed Legislative Rules
5a. A "bill authorizing the promulgation of proposed legislative rules" or a "bill of
authorization" is a measure intended to be enacted as general law, which incorporates by reference
a proposed legislative rule, with or without amendments or substitutions set forth in the bill, and
which authorizes the promulgation and implementation of the proposed legislative rule. The processing of bills authorizing the promulgation of proposed legislative rules shall be governed by
the standing rules of the Senate and the House of Delegates, which are supplemented by the
provisions of this joint rule. In the case of any conflict between this rule and a standing rule of the
Senate or the House of Delegates, the provisions of this rule shall control.
(1) The requirement of either house that bills shall be presented in
quadruplicate duplicate
applies to bills authorizing the promulgation of proposed legislative rules, but does not apply to the
proposed legislative rule which the bill incorporates by reference. Of the
quadruplicate duplicate
copies, only the designated original copy shall have appended thereto the full text of the proposed
legislative rule as finally approved by the agency seeking permission for its promulgation. Other
copies of the full text of the proposed legislative rule shall be made available to members of the
Legislature as hereinafter provided.
(2) Copies of the full text of each proposed legislative rule shall be reproduced by printing
or duplication by the Clerk prior to, or as soon as is reasonably practicable after, the introduction of
the bill which would authorize by law the promulgation of the proposed legislative rule. Prior to
such printing or duplication, a notation shall be affixed to the proposed legislative rule which
identifies the bill number of the introduced bill which would authorize its promulgation and which
also identifies the committee or committees of the house to which the bill is to be referred by the
presiding officer following its introduction. Otherwise, the copies printed or duplicated shall
conform to the copy of the proposed legislative rule appended to the original bill, so as to facilitate
the consideration and amendment of the rule throughout the legislative process.
(3) The Clerk shall furnish to any member, upon his or her request, without cost, one copy
of the full text of a proposed legislative rule as reproduced by the Clerk in accordance with the provisions of subsection (2) of this joint rule. For any request for an additional copy or copies of the
proposed legislative rule, the member requesting the copy or copies shall pay to the Clerk, in
advance, a charge which the Clerk has reasonably determined to be adequate to cover the actual cost
of the printing or duplication:
Provided, That the provisions herein for the Clerk to furnish a
member with an additional copy or copies, with a cost charged, may not interfere with or delay the
prompt and otherwise timely consideration of bills of authorization by the house or its committees
or subcommittees.
(4) Whenever the standing rules of either house require the printing or reprinting of a bill,
the rules apply to bills authorizing the promulgation of a proposed legislative rule with the same
force and effect as they apply to other bills. However, no printing or reprinting of the proposed
legislative rule which is incorporated by reference in the bill of authorization shall be required, other
than the printing required by subsection (2) of this joint rule.
(5) Whenever the standing rules of either house require a bill to be read, or fully and
distinctly read, the rules apply to bills authorizing the promulgation of a proposed legislative rule
with the same force and effect as they apply to other bills. However, no reading of the proposed
legislative rule which is incorporated by reference in the bill of authorization shall be required.
One House to Notify Other of Rejection of Bill
6. When a bill or resolution passed in one house is rejected in the other, notice thereof shall
be sent to the house in which the same shall have been passed.
Record of Bills and Resolutions
7. The Clerks of the two houses shall keep separate records or registers, in which shall be
recorded every action taken by the Senate and House on each bill and resolution.
Clerks to Endorse Bills
8. The Clerks of the two houses shall endorse on each bill a statement of any action taken
by their respective bodies.
Notice to Be in Writing
9. Notice to either house of the action of the other shall be in writing, signed by the Clerk
of the house giving such notice.
Each House to Have Control of Own Printing
10. Each house may order the printing of bills, resolutions, reports, and other documents
without the consent of the other.
Joint Committees
11. Joint standing committees of the Senate and House shall be appointed as follows:
(1)
Joint Committee on Enrolled Bills -- To consist of five members from each house.
(2)
Joint Committee on Joint Rules -- To consist of the presiding officers and two members
of each house, to be appointed by the presiding officers.
(3) Such other joint committees as may be provided for by concurrent resolution. A bill or
resolution referred to a joint committee may be recalled from such committee by the house in which
it originated.
Engrossed Bills to Be Filed with Clerk of the House
12. All engrossed bills passed by, and joint and concurrent resolutions adopted by, both
houses shall be filed with the Clerk of the House to be kept with the rolls of the Legislature and to
be used by him in printing and publishing the Acts of the Legislature.
Joint Committee on Enrolled Bills
13. The Joint Committee on Enrolled Bills shall consist of five members of the Senate and
five members of the House of Delegates, to be appointed by the presiding officer of each house,
whose duty it shall be to compare carefully all bills and joint resolutions passed by both houses, with
the enrollment thereof, and to correct any errors or omissions they may discover and to make reports
to their respective houses from time to time, of the correctly enrolled bills or joint resolutions. It
shall be in order for the Joint Committee on Enrolled Bills to report at any time.
Printing Enrolled Bills
14. After a bill has been passed by both houses, the type from which it was originally printed
shall be corrected as to any typographical errors that may not previously have been corrected and to
include any amendments that may have been made by either house since the last printing of the bill.
After the type has been so corrected, three hundred fifty copies of the bill shall be printed (except
charter bills, of which only twenty-five of each shall be printed). Twelve of these copies shall be on
seven and one-fourth by ten bond paper, twenty-pound basis of at least fifty percent rag content for
the use of the Joint Committee on Enrolled Bills, one of which copies, when properly authenticated,
shall become the Enrolled Bill, and the remainder shall be on twenty-pound basis, sulphite bond
paper. From these copies all judges shall be furnished enrolled bills as provided for in section
fourteen, article one, chapter four of the code. In the case of enrolled bills authorizing the
promulgation of a proposed legislative rule, a copy of the full text of the proposed legislative rule
which the bill incorporates by reference shall be appended to the bill which has been properly
authenticated and designated to be the Enrolled Bill. The copy appended to the Enrolled Bill shall
conform to the copy of the full text of the proposed legislative rule appended to the introduced bill.
Copies of the proposed legislative rule shall not be appended to the additional copies of the Enrolled Bill. Following action by the Governor, or the failure or refusal of the Governor to approve or
disapprove a bill of authorization, the copy of the Enrolled Bill with the proposed legislative rule
appended shall be the copy of the bill filed with the Secretary of State in accordance with the
provisions of Rule 18 of these Joint Rules.
Authentication of Enrolled Bills
15. Enrolled Bills shall be authenticated by the signature of the Chairman of the House
Committee and the Chairman of the Senate Committee, composing such Joint Committee on
Enrolled Bills, but in the absence of such Chairman another member of the committee may act in
his stead, and they shall require all bills and joint resolutions before such authentication to be free
from interlineations or erasures and destroy any previous enrollment containing any interlineations
or erasures. A certificate, showing in which house the bill originated and when it takes effect, signed
by the Clerks of the two houses, shall be endorsed on the bill. After enrolled bills and joint
resolutions are authenticated as aforesaid, they shall be signed by the
Speaker of the House and by
the President of the Senate presiding officer of each house.
Presenting Bills to Governor
16. After a bill shall have thus been signed in each house, it shall be presented by the said
committee to the Governor, for his approval. The said committee shall report the day of presentation
to the Governor, which time shall be entered on the Journal of each house.
Record of Enrolled Bills
17. It shall be the duty of the
Committee on Enrolled Bills Clerk of the House, as Keeper
of the Rolls of the Legislature, to keep a record book of all bills presented to the Governor for his
approval. The title and number of each bill presented to the Governor shall be entered in this book, and when a bill is presented to him, the date presented and the signature of the Governor, showing
receipt of same, shall be entered at the side of each title.
Action of Governor on Bills
18. When the Legislature is in session, any bill, including an appropriation bill or any part
thereof, disapproved by the Governor shall be returned by him to the house in which it originated,
with his objections thereto, within five days after receipt thereof, Sundays excepted, or become a
law. If the Legislature, by adjournment, prevents the return of a disapproved bill, other than an
appropriation bill, within such time, it shall be filed by the Governor in the office of the Secretary
of State with his objections within fifteen days, after adjournment, or become a law. If the
Legislature, by adjournment, prevents the return of a disapproved appropriation bill or any part
thereof, it shall be filed by the Governor in the office of the Secretary of State with his objections
within five days after adjournment, or become a law. When any bill, including an appropriation bill
or any part thereof, is disapproved after adjournment of the Legislature and such bill with the
Governor's objections is filed in the office of the Secretary of State within the prescribed time as
aforesaid, the Governor shall notify the house in which the bill originated of his action.
Every bill approved by the Governor shall, within the prescribed time after it is presented to
him, as aforesaid, be filed by the Governor in the office of the Secretary of State and the fact of such
approval communicated by the Governor to the house in which said bill originated.
Any bill which shall be neither approved nor disapproved by the Governor shall immediately
after the expiration of the time fixed by the Constitution in which he may disapprove the same, be
filed in the office of the Secretary of State, who shall forthwith engross thereon a certificate to the
following effect: "I certify that the foregoing act, having been presented to the Governor for his approval, and not having been returned by him to the house of the Legislature in which it originated
within the time prescribed by the Constitution of the State, has become a law without his approval,"
and shall date and sign the same. The Governor shall notify the house in which the bill originated
of each bill becoming a law without his approval.
When a bill is returned to either house of the Legislature with the objections of the Governor,
proceedings thereon shall be governed by section fourteen, article seven of the State Constitution.
In such cases the Clerk of the Senate and the Clerk of the House of Delegates shall engross the
action, if any, of their respective houses on the reconsideration of the bill, and sign the same.
The action of the Governor on all bills presented to him shall be appropriately noted in the
Journals of the two houses.
Joint Meetings of Committees
19. Whenever any bill has been referred by the Senate to one of its standing committees, and
the same or like bill has been referred by the House to one of its committees, the Chairmen of the
respective committees, when in their judgment the interest of legislation or the expedition of
business will be better served thereby, may arrange for a joint meeting of their committees for the
consideration of such bill. All joint committee meetings shall be presided over by the Chairman of
the Senate committee.
What Shall Be Printed in the Journal
20. The following shall always be printed in the Journal of each house:
(a) Messages from the Governor and messages from the other house, the titles of all bills and
the title and text of all resolutions.
(b) A record of all votes taken by yeas and nays as required by the Constitution, the rules of the respective houses and these rules; and a brief statement of the contents of each petition,
memorial, or paper presented to each house.
(c) A true and accurate account of the proceedings of each house.
Manner of Printing the Journal and Bills
21. In printing the daily Journal of the proceedings of each house there shall be printed at
the top of each page, except the first, the date of the Journal; and on the last page of each day's
Journal shall be printed the calendar for the next day.
At the top of the first page of each bill, preceding the title and number thereof, there shall be
printed the name of the person by whom or the committee by which it was introduced and the date
of introduction; and at the top of each page, except the first, shall be printed the number of the bill.
Regulation and Use of Legislative Offices, Chambers, Halls, Stairways and Corridors
22.
The President of the Senate and the Speaker of the House of Delegates The presiding
officer of each house shall have power to assign and regulate the office space in the portions of the
Capitol used by their respective houses and to grant permission for the use of such space and the
legislative Chambers for other than legislative purposes. They shall also have jurisdiction over all
halls, stairways and corridors in the areas used by their respective houses. The presiding officers
may submit any question or request arising under the foregoing provisions of this rule to the
Committee on Rules of their respective houses for determination and action.
The area on the second floor between the legislative Chambers and surrounding the rotunda
on the second floor shall be under the jurisdiction of the Joint Committee on Rules. It shall be the
duty of this committee to maintain and preserve the aesthetic features of this area of the Capitol. No
display or exhibition of any material or objects in this area shall be permitted without approval of the committee.
Attaching pictures, posters, cards or placards on the walls in any manner whatsoever in the
halls, stairways and corridors in the areas used by the respective houses and in the area between the
legislative Chambers surrounding and to the east and west of the rotunda is prohibited.
Resolutions
23. Resolutions requiring concurrent action may originate in either house, and shall be of
two kinds, namely:
Joint Resolutions: These resolutions shall be used for proposing amendments to the State
Constitution and for ratifying amendments to the Constitution of the United States. Joint resolutions
proposing amendments to the State Constitution shall be adopted as provided in section two, article
fourteen of said Constitution.
Concurrent Resolutions: Such resolutions shall be used for all purposes not covered by joint
resolutions as defined above.
Suspension of Joint Rules
24. No Joint Rule shall be suspended, except by a two-thirds vote of each house, and unless
there be unanimous consent, such vote shall be taken by yeas and nays.
Transfer Amounts Between Items
25. The Clerk of the Senate, with the approval of the
President presiding officer, is
authorized to make written request to the State Auditor for the transfer of amounts between items
of the total appropriations for the Senate, in order to protect or increase the efficiency of the service.
Upon receipt of such written request, the State Auditor shall transfer the amounts as requested.
26. The Clerk of the House of Delegates, with the approval of the
Speaker presiding officer, is authorized to make written request to the State Auditor for the transfer of amounts between items
of the total appropriations for the House of Delegates, in order to protect or increase the efficiency
of the service. Upon receipt of such written request, the State Auditor shall transfer the amounts as
requested.
27. The Clerk of the Senate and the Clerk of the House of Delegates, with the approval of
the
President and Speaker presiding officers, are authorized to make a joint written request to the
State Auditor for the transfer of amounts between items of the total appropriations for joint expenses
of the Legislature, in order to protect or increase the efficiency of the service. Upon receipt of such
written request, the State Auditor shall transfer the amounts as requested.
Lobbying
28.
(Rescinded by SCR2, 2nd Ex. Sess., 1990)
Joint Committee on Pensions and Retirement
29. (a) A joint standing committee of the Senate and House of Delegates, named the Joint
Committee on Pensions and Retirement, shall continually study and investigate public retirement
systems. All pension and retirement related legislation introduced in the Legislature shall be referred
to the committee in addition to any other reference the presiding officer may designate. Upon
reference of any pension or retirement related legislation, the committee shall forward such
legislation to the actuary of the Consolidated Public Retirement Board or other actuary or actuarial
firm who shall return an actuarial letter or note to the committee prior to the committee's
consideration of such legislation.
(b) The committee shall consist of seven members of the Senate to be appointed by the
President presiding officer of the Senate and seven members of the House of Delegates to be appointed by the
Speaker presiding officer of the House of Delegates. If possible, no more than five
of the seven members appointed by the
President of the Senate and the Speaker of the House of
Delegates presiding officers of the Senate and the House of Delegates, respectively, may be members
of the same political party.
(c) The committee shall make a continuing study and investigation of retirement benefit plans
applicable to non-federal government employees in this state. The powers and duties of the
committee include, but are not limited to, the following:
(1) Studying retirement benefit plans applicable to non-federal government employees in the
state of West Virginia, including, without limitation, federal plans available to such employees;
(2) Making recommendations within the scope of the study with particular attention to
financing of the various pension funds and financing of accrued liabilities;
(3) Considering all aspects of pension planning and operation, and making recommendations
designed to establish and maintain sound pension policy as to all funds;
(4) Filing a report to each regular session of the Legislature concerning activities conducted
between sessions;
(5) Analyzing each item of proposed pension and retirement legislation, including
amendments thereto, with particular reference to analysis as to cost, actuarial soundness, and
adherence to sound pension policy, and reporting of its findings in regard thereto to the Legislature;
and
(6) Maintaining reference materials concerning pension and retirement matters, including,
without limitation, information as to laws and systems in other states.
(d) The committee shall hold meetings at such times and places as it may designate.
The President of the Senate shall appoint a cochair of the committee from the Senate members and the
Speaker of the House of Delegates shall appoint a cochair of the committee from the House of
Delegates members The presiding officer of each house shall appoint a co-chair of the committee.
When the Legislature is not in session, the committee shall meet and conduct its business as a joint
committee.
When the Legislature is in session, in addition to joint meetings, the members of either house
may meet separately from members of the other house to conduct committee business concerning
pension and retirement related legislation introduced or originated in that house. When the members
meet separately, they may function as other committees of that house. As far as practicable, relevant
information, including actuarial letters or notes, gathered by members meeting separately from the
other house shall be sent to the co-chair of the other house if it is considering the same or similar
legislation.
Bill Carryover
30.
(Rescinded by SCR 1, Reg. Sess., 1988)
Governing Powers
31. The
President of the Senate and Speaker of the House of Delegates presiding officers of
each house, as selected in accordance with the Constitution, the Rules of the Senate, the Rules of the
House of Delegates, respectively, these Joint Rules, and laws of the State, shall have the power to
and are hereby authorized to act on behalf of the Legislature as required by the business and legal
affairs of the Legislature unless otherwise directed by a majority vote of both houses while the
Legislature is in session or by the majority vote of the Joint Committee on Government and Finance
while the Legislature is not in session.
Receipt of Constitutional Petitions and Resolutions
32. Any application from a county commission or a verified petition from the voters of a
county seeking to reform, alter or modify a county commission pursuant to Article IX, Section 13
of the West Virginia Constitution and any related documents that may be subsequently submitted
shall be filed with the Clerk of the Senate and the Clerk of the House of Delegates. The Clerk of the
Senate and the Clerk of the House of Delegates shall verify that the application, petition or related
document has been properly submitted to the other clerk before processing it in his or her respective
house. Such applications, petitions and related documents not submitted to both the Clerk of the
Senate and the Clerk of the House of Delegates will not be submitted to either house for processing
or consideration by the Legislature.
When the Legislature is not sitting in regular session, upon receipt of an application, petition
or related document from a county commission by the Clerk of
the Senate and the Clerk of the House
of Delegates, it shall be processed as a regular order of business at the next regular session following
receipt of the application, petition or related document.
Effective with the 2009 regular session of the Legislature, an application or petition to
reform, alter or modify a county commission filed with the Legislature on or after the tenth day of
a regular legislative session may not be processed or considered by the Legislature until the next
regular legislative session.
An application or petition to reform, alter or modify a county commission filed with the
Legislature is only valid for the session in which it was processed and such application or petition
not acted upon during that session is null and void.
If an application or petition to reform, alter or modify a county commission filed with the Legislature is determined by the Legislature to have an unconstitutional provision, then the
Legislature may: (a) Request that the application or petition be corrected and resubmitted; or (b)
make changes necessary to meet the constitutional objection. A corrected application or petition may
be processed by the Legislature if there is sufficient time remaining in the session for full
consideration. If any request by the Legislature to correct an application or petition prevents full
consideration of that application or petition during the session in which it would have been
considered, the House and the Senate may process the corrected application or petition at the next
regular session.
* * * * * * *
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 18 - "Requesting the Division of Highways name bridge number 16-55-13.76 on
Corridor H in Moorefield, Hardy County, West Virginia, the 'Richard Lee "Dickie" Moyers Veterans
Memorial Bridge'."
Whereas, Generations of West Virginians have answered the call to stand up and fight for
our freedom and Dickie Moyers was one of those brave souls; and
Whereas, Dickie Moyers was born and raised in Hardy County, West Virginia on a farm
near Moorefield; and
Whereas, The location of this bridge is where his family lived and worked the land where
he learned lessons about life, family, country and other fundamental lessons; and
Whereas, His family was hard working and instilled in him a love of God, the land, the
State of West Virginia and the United States of America; and
Whereas, Private First Class Richard Lee Moyers, F CO, 2nd BN, 5th Marines, 1st Marine
Division, III MAF served his country and with his fellow Marines stood in defense of our freedom
and the freedoms of people who could not do so on their own; and
Whereas, At just 20 years of age Dickie Moyers would pay the ultimate cost of freedom in
Quang Nam Province, South Vietnam on November 11, 1968; and
Whereas, America continues to be strong because of their commitment to the cause of
freedom; and
Whereas, People in the community still remember his face, laugh, touch and great smile;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 16-55-
13.76 on Corridor H in Moorefield, Hardy County, West Virginia, the "Richard Lee 'Dickie' Moyers
Veterans Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying bridge number 16-55-13.76 the "Richard Lee 'Dickie' Moyers Veterans Memorial
Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy
of this resolution to the family of Dickie Moyers and the Secretary of the Department of
Transportation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 19 - "Requesting the Division of Highways name WV 3 from the intersection with
WV 94 to the Raleigh County Line the 'John Protan Highway'."
Whereas, John Protan was born December 5, 1920, at Holden, West Virginia, the son of
the late Rose and Mike Protan; and
Whereas, John Protan started working in the coal mines at the age of 17 to help support his
family; and
Whereas, John Protan, in December 1942, enlisted in the Navy, where he became known
as the "Knockout King of West Virginia," for his successful boxing career, in which he won
numerous amateur championships and held two professional titles; and
Whereas, John Protan returned with his wife Doris to Highcoal, West Virginia, and went
back to work in the mines; and
Whereas, John Protan was elected Constable and then Sheriff of Boone County in 1964, in
what would be the beginning of a productive, dedicated career in public service; and
Whereas, John Protan, during his terms as Sheriff of Boone County, was twice elected as
President of the West Virginia Sheriff's Association and served for 38 years as the Boone County
Democratic Chairman; and
Whereas, John Protan is a dedicated public servant and all West Virginians should be proud
of his service to this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name WV 3 from the intersection with WV 94 to the Raleigh
County Line the "John Protan Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "John Protan Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and to John Protan.
Resolutions Introduced
Delegates Martin and Paxton offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 67 - "Requesting the Division of Highways to name the bridge located on the new
Route 35, crossing Route 34 at Poplar Fork, Putnam County, specifically bridge number 40-35-2.40,
the 'PFC Roger Lee Byus Memorial Bridge, Killed in Action, Vietnam 1969'."
Whereas, Roger Lee Byus was born on March 23, 1949, the son of Mervin C. Byus, Jr. and
Alma Ruth Ball Byus in Winfield, Putnam County, West Virginia and raised and educated in Putnam
County. He attended Black Lick School, a one-room elementary school near his home, Hurricane
Middle School and Hurricane High School, where he played football. He enjoyed hunting, fishing
and riding motorcycles and any activity related to snow. He was employed by C. H. Heist
Corporation. He married Judy Elaine Dillon on September 19, 1966. Eight days later she was killed
in an automobile accident; and
Whereas, On March 20, 1969, Roger Lee Byus was inducted into the United States Army
along with his two best friends, William Gillespie and Keith Grant and were sent to Fort Knox,
Kentucky where he completed his basic and AIT training. He was then sent to Vietnam, arriving there on October 13, 1969, where he became a member of the elite 11
th Armored Calvary, Blackhorse
Regiment, Second Squadron, E Troop as a gunner. On November 24, 1969, while on a volunteer
mission in Phuoc Long, South Vietnam, E Troop encountered enemy forces and called for mortar
support. The coordinates were incorrectly sent and E Troop suffered a direct hit injuring PFC Roger
Lee Byus who was dead upon arrival at a base hospital; and
Whereas, PFC Roger Lee Byus made the ultimate sacrifice for his country, during the
conflict in Vietnam, earning the Purple Heart, Bronze Star and other medals posthumously; and
Whereas, The nature of the sacrifice of this brave and courageous son of Putnam County
requires us to honor his memory, by ensuring that future generations are aware of his bravery and
sacrifice in the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name
bridge number 40-35-2.40, located on the new Route 35, crossing Route 34 at Poplar Fork, Putnam
County the "PFC Roger Lee Byus Memorial Bridge, Killed in Action, Vietnam, 1969"; 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 entry of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "PFC Roger Lee Byus Memorial Bridge, Killed
in Action, Vietnam, 1969"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and
the surviving family of PFC Roger Lee Byus.
Delegates Martin Andes and Paxton offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 68 - "Requesting the Division of Highways to designate the intersection of new U.S.
Route 35 and Hurricane Creek Road the 'Wilma Ellen Hodges Leslie Memorial'."
Whereas, Wilma Ellen Hodges was born on January 24, 1929, in Hurricane, West Virginia
to the late Stephen and Marguerite Erwin Hodges; and
Whereas, Wilma Ellen Hodges married Jacob Fredrick Leslie on September 21, 1947, and
they shared 45 years and nine children together until Fred's death in 1993; and
Whereas, Wilma and Fred played an important role in the growth of Putnam County when
they started Leslie Lumber Company and began the housing development industry in Putnam County
in the early 1960's. They were responsible for numerous housing developments, including Shawnee
Estates, Riverdale Estates, Woodland Forest, Teays Village, and Woods and Irons, before their
retirement; and
Whereas, Wilma Ellen Hodges Leslie was tragically taken from her loved ones in an
automobile accident on July 4, 2009, at the intersection of new U.S. Route 35 and Hurricane Creek
Road; and
Whereas, Wilma Ellen Hodges Leslie is survived by Marilyn L. Christiani and her husband
Frank of Scottsdale, Arizona, daughter- in-law Beverly Leslie of Hurricane, Charlotte Leslie of
Charleston, William E. and wife Tina, C. S. "Butch" Leslie and his wife Janet, Robert "Bob" W.
Leslie and his wife Laura all of Winfield, Anita Yeager and her husband Glen of Scott Depot, Debra
L. Chapman and her husband John W. III, of Hurricane and daughter-in-law Sandra S. Leslie of
Winfield; two of Wilma's sons, John Frederick and Michael Joseph Leslie, preceded her in death;
and Wilma is survived by twenty-six grandchildren; and
Whereas, Wilma Ellen Hodges Leslie was devoted to her children and family, and had a
unique capacity for making each child or grandchild, sibling, niece, or nephew feel special and loved;
and
Whereas, Wilma Ellen Hodges Leslie was a faithful member of Mt. Vernon Baptist Church;
a Past Worthy Matron and a Charter member of the Buffalo Chapter No 150, Order of the Eastern
Star; a dedicated member of the Putnam County Republican Committee for many years; a charter
member of the Women's Club; a former board member of Shawnee Hills Mental Health Center; and
was instrumental in the movement of education for mentally disabled children in Putnam County;
and
Whereas, It is only fitting and proper that Wilma Ellen Hodges Leslie's many good works
and important contributions to Putnam County be remembered and acknowledged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to designate the intersection of new U.S.
Route 35 and Hurricane Creek Road the "Wilma Ellen Hodges Leslie Memorial"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs or other appropriate markers, identifying the intersection as the "Wilma Ellen Hodges Leslie
Memorial"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of Wilma Ellen Hodges Leslie and the Secretary of the Department of
Transportation.
Delegates Ferns, Storch, Walters and Lane offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. C. R. 69 - "Authorizing the placement of a statue of the Honorable Francis Harrison
Pierpont in Independence Hall in Wheeling, West Virginia."
Whereas, Francis Harrison Pierpont was born near Morgantown and grew up in Western
Virginia in what is today Marion County and was linked with the region's history for the rest of his
life; and
Whereas, Francis Harrison Pierpont graduated from Allegheny College and taught school
in Virginia and Mississippi while also studying law. He was admitted to the bar in 1841 and became
the local attorney for the Baltimore and Ohio Railroad in 1848; and
Whereas, Prior to entering politics Francis Harrison Pierpont also helped found Fairmont
Male and Female Seminary, the forerunner to Fairmont State University; and
Whereas, Francis Harrison Pierpont was an active supporter of Abraham Lincoln and
became involved in politics as an outspoken opponent of Virginia's secession from the Union. When
Virginia seceded and entered the war, delegates from the northern and northwestern counties of
Virginia, which refused to join the Confederacy, met at the Wheeling Convention. These counties
established a separate government in Wheeling with Governor Pierpont becoming the provisional
Governor; and
Whereas, Francis Harrison Pierpont headed the "restored government of Virginia" that
drafted a new Virginia Constitution and sent representatives to the Union Congress. In 1862, he
attended the Loyal War Governors' Conference in Altoona, Pennsylvania, which ultimately backed
Abraham Lincoln's Emancipation Proclamation and the continued Union war effort; and
Whereas, Under Francis Harrison Pierpont's leadership, the Wheeling government called
for a popular vote on the question of the creation of a new separate state. Popular approval was overwhelming and an application was subsequently made to Congress, which also approved the
issue. The new state took the name West Virginia and was admitted into the Union on June 20, 1863;
and
Whereas, Francis Harrison Pierpont became Governor of the "restored" State of Virginia,
comprising the several Northern Virginia, Norfolk area, and eastern shore counties under Union
control. The Capitol of the restored state was established in Alexandria for the remainder of the Civil
War. At the end of the war in 1865, President Andrew Johnson appointed Governor Pierpont as the
provisional Governor of the reunited State of Virginia; and
Whereas, Francis Harrison Pierpont followed a policy of forgiveness to those politicians
who had served in the Confederate military and government and became one of the key figures in
the Virginia Constitutional Convention of 1867-1868, which resulted in the "Underwood
Constitution" of 1869; and
Whereas, Francis Harrison Pierpont subsequently served one term in the West Virginia
House of Delegates in 1870 and his last public office was as collector of Internal Revenue under
President James Garfield. After his retirement Governor Pierpont helped create the West Virginia
Historical Society before dying in Pittsburgh, Pennsylvania on March 24, 1899. Today he rests at the
Woodlawn Cemetery in Fairmont beside his wife Julia and three of his four children; and
Whereas, Francis Harrison Pierpont is known as the "Father of West Virginia" and in
recognition of his significance to our state history, in 1910 the state donated a marble statue of
Pierpont as our second contribution to the United States Capitol's National Statuary Hall Collection;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the placement of a full-sized statue of Francis Harrison
Pierpont to be located in Independence Hall in Wheeling, West Virginia. His eternal presence will
remind others of what one man, so dedicated, caring and confident can do in the service of his fellow
men and women; and, be it
Further Resolved, That the statue is to be permanently placed in Independence Hall in
Wheeling, West Virginia in gratitude for his service to the State of West Virginia and our great
nation.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Skaff, Brown, Craig, Morgan, Fragale, Moore, Poore, Wells, Michael,
Caputo and Andes:
H. B. 3100 - "A Bill to amend and reenact §60-3A-18 of the Code of West Virginia, 1931,
as amended, relating to permitting the sale of liquor on election day"; to the Committee on the
Judiciary.
By Delegates Hartman, Michael, Perry, Evans, Azinger and Williams:
H. B. 3101 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-13A-4a, relating to clarifying the intent of the Legislature as
to the measure of tax imposed on a person who produces timber and saws, mills or otherwise
manufactures it into green lumber; requiring the producer to report twenty-five percent of the gross
proceeds from the sale of the green lumber for severance tax purposes; permitting the change in tax
be retroactive to 1993; and defining the term 'green lumber'"; to the Committee on Finance.
By Delegate Martin:
H. B. 3102 - "A Bill to amend and reenact §17-4-47 of the Code of West Virginia, 1931, as
amended, relating to granting access to unused property of the Department of Highways to real
property owners within a one mile radius of the land"; to the Committee on Roads and
Transportation then the Judiciary.
By Delegates Hall, D. Campbell, L. Phillips, Hatfield, Skaff, Wells, Poore, Brown and
Guthrie:
H. B. 3103 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931,
as amended, relating to amending recount procedures"; to the Committee on the Judiciary.
By Delegates Ellington, Ellem, Gearheart, Sigler, Perdue, Hall, M. Poling, Carmichael,
Householder and Rowan:
H. B. 3104 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18C-3-4, relating to health professionals student loan programs;
health sciences tuition program; and providing in-state tuition rates to out-of-state medical and
osteopathic students who agree to practice for a specific time within West Virginia"; to the
Committee on Education then Finance.
By Delegates Lawrence, Smith, Ellem, Ferro, Pino, M. Poling and Campbell:
H. B. 3105 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §55-7-26, relating to immunity from civil and criminal liability for
first responders who use forced entry to a residence in response to documented 911 call"; to the
Committee on the Judiciary.
By Delegates Reynolds, Fleischauer, T. Campbell, Lawrence, Hunt, Sobonya, Caputo, Ellem, Poore, Skaff and Walker:
H. B. 3106 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §15-14-1, §15-14-2 and §15-14-3; all relating to regulation of the
use of Internet by children"; to the Committee on the Judiciary.
By Delegates Longstreth, Manypenny, Barker, Martin, Moore, Fleischauer, Rowan, D.
Poling, Ellem, Rodighiero and Boggs:
H. B. 3107 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-13-1, §3-13-2, §3-13-3, §3-13-4, §3-13-5 and §3-13-6, all
relating to implementing an agreement among the states to elect the President and Vice President by
national popular vote; setting forth who may be members to the agreement; establishing the manner
of appointing presidential electors in the member states; setting forth the provisions of the agreement
that the member states must enact into state law; setting forth the responsibilities of certain officials;
and defining terms"; to the Committee on the Judiciary.
By Delegate Hunt:
H. B. 3108 - "A Bill to amend and reenact §23-4-23 of the Code of West Virginia, 1931, as
amended, relating to workers' compensation; disability and death benefits; permanent total disability;
and providing for cost-of-living allowances"; to the Committee on Energy, Industry and Labor,
Economic Development and Small Business then Finance.
By Delegates Morgan, Crosier, Shaver, Hartman, Iaquinta and Talbott:
H. B. 3109 - "A Bill to amend and reenact §36B-3-102 of the Code of West Virginia, 1931,
as amended, permitting unit owners' associations to institute legal action against a unit owner to
collect dues or assessments that are overdue or in arrears to the association; and setting forth the types of legal actions permitted"; to the Committee on the Judiciary.
By Delegates Barker, Kump, Butcher and Manypenny:
H. B. 3110 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-6-29, relating to the civil service system; establishing a living
minimum wage for public employees; adjusting classification pay scales; and providing salary range
adjustments to be substantially equivalent to existing pay ranges"; to the Committee on Government
Organization then Finance.
By Delegates Barker, Kump, Butcher and Manypenny:
H. B. 3111 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-5-7, relating to salary increase for state employees; annual cost
of living salary adjustments for state employees based on inflation; providing adjustment for
inflation greater than ten percent; providing for adjustment for inflation less than one percent or
deflation; providing for minimum adjustments after three years; and providing for adjustments for
employees promoted or transferred"; to the Committee on Government Organization then Finance.
By Delegates Lawrence and Barker
[By Request of the Secretary of State's Office]:
H. B. 3112 - "A Bill to amend and reenact §29-19-1a and §29-19-2 of the Code of West
Virginia, 1931, as amended, all relating to the 'Solicitation of Charitable Funds Act' coverage and
definitions"; to the Committee on the Judiciary.
By Delegates Gearheart, Frazier and Ellington:
H. B. 3113 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to exempting nonprofit, tax exempt corporations or organizations affiliated with a church or association of churches from consumer sales and service tax"; to the Committee on
Finance.
By Delegates Mahan, Moye, Sumner, Crosier, O'Neal and Snuffer:
H. B. 3114 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-2D-5b, relating to development and operation of a nursing
home on the grounds of a critical access hospital meeting certain restrictions and exemptions from
nursing home moratorium and certificate of need requirements"; to the Committee on the Judiciary.
Special Calendar
Unfinished Business
H. C. R. 2, The "James Paul Harrison WWII Memorial Bridge";
coming up in regular order,
as unfinished business, was, on motion of Delegate Boggs, laid over.
The following resolutions, coming up in regular order, as unfinished business, were each
reported by the Clerk and adopted:
H. C. R. 12, The "Senator Homer K. Ball Memorial Road",
H. C. R. 18, The "SP4 Loyd Eugene Robinson Memorial Bridge",
H. C. R. 19, The "Capt. Jackie Lee Dickens, USAF, and PFC. Kent Howell, USMC,
Memorial Highway",
H. C. R. 20, The "Daniel M. Gunnoe Memorial Bridge",
H. C. R. 23, The "Howard 'Junkie' Masters Bridge",
H. C. R. 28, The "William Chapman 'Chap' Cook and Civil War Veterans Memorial
Highway",
H. C. R. 30, The "Brian Lester Browder Memorial Bridge",
H. C. R. 32, The "Ensign Melvin G. Livesay Memorial Bridge",
H. C. R. 47, The "James Ray Bailey Memorial Bridge",
H. C. R. 49, The "Veterans Memorial Bridge",
H. C. R. 51, The "Charlie Howard Mitchell Memorial Bridge",
H. C. R. 52, The "James A. Wright Memorial Bridge",
H. C. R. 53, The "Keene Memorial Bridge",
H. C. R. 55, The "PVT. Clyde Whitman Bennett and PFC Oliver Ball, Jr. Memorial
Bridge",
And,
H. C. R. 57, The "Lance Corporal John Darrell Smith Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
S. B. 255, Making supplementary appropriation of unappropriated moneys to various
accounts; on second reading, coming up in regular order, was read a second time and ordered to third
reading.
Com. Sub. for H. B. 2161, Creating the Herbert Henderson Office of Minority Affairs; 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. 2248, Expanding the list of federal law-enforcement officers who are extended the authority of state and local law-enforcement officers to enforce the laws of this state;
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. 2347, Extending the maximum length of protective orders in domestic
violence; on second reading, coming up in regular order, was read a second time and ordered to
engrossment and third reading.
H. B. 2695, Relating to the educational broadcasting authority; 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. 2922, Establishing the felony offense of causing serious bodily injury
to another person by a person who is driving under the influence of alcohol, controlled substances
or other drugs; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
H. B. 2935, Repealing an outdated article of election code relating to voting systems; on
second reading, coming up in regular order, was read a second time.
The Clerk reported an amendment, offered by Delegate Miley.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third
reading with the amendment pending, and the rule was suspended to permit the consideration of the
amendment on that reading.
H. B. 2989, Creating a process by which the West Virginia Racing Commission may grant
stay requests; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and third reading.
H. B. 2990, Changing the renewal of Racing Commission-issued occupational permits; on second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading.
Miscellaneous Business
Delegate D. Poling announced that he was absent when the votes were taken on Roll Nos.
73 and 74, and that had he been present, he would have voted "Yea" thereon.
At 11:37 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 14,
2011.