West Virginia Legislature
HOUSE OF DELEGATES
Second Regular Session
Charleston, Wednesday, January 13, 2010
This being the day fixed by Section 18, Article VI of the Constitution of the State of West
Virginia for the annual assembly of the Legislature, the members of the House of Delegates met in
their Chamber in the Capitol Building in the City of Charleston, and at 12 o'clock meridian were
called to order for the Second Regular Session of the Seventy-ninth Legislature by the Speaker, the
Honorable Richard Thompson.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll was then called (Roll No. 1), and 97 Delegates having answered to their names, the
Speaker declared the presence of a quorum.
On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three
to notify the Senate that the House of Delegates had assembled for the Second Regular Session of the 79th Legislature, as provided by Section 18, Article VI of the Constitution of the State, with a
quorum present, and was ready to proceed to the business of the session.
The Speaker appointed as members of such committee:
Delegates D. Walker, Smith and Shott.
On motion of Delegate Boggs, the Speaker was authorized to appoint a committee of three
to join with a similar committee of the Senate to inform His Excellency, the Governor, that the
Legislature had assembled in Regular Session as provided by Section 18, Article VI of the
Constitution of the State, with a quorum of each house present, was ready to enter into the business
of the session and to convey to him that it would be pleased to receive any communication he may
desire to present.
The Speaker appointed as members of such committee the following:
Delegates T. Walker, Poore and Hamilton.
Messages from the Executive
and other Communications
The Speaker laid before the House of Delegates various communications, which were read
by the Clerk as follows:
STATE OF WEST VIRGINIA
Joe Manchin, III
November 18, 2009
The Honorable Natalie Tennant
Secretary of State
Charleston, WV 25305
Dear Secretary Tennant:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Terry Walker,
10179 Leeton Road, Kearneysville, Jefferson County, West Virginia, 25430, as a Delegate
representing the Fifty-sixth District of the House of Delegates, to fill the vacancy created by the
resignation of the Honorable Bob Tabb, from this day through the remainder of the unexpired term
of Delegate Tabb.
Joe Manchin, III,
HOUSE OF DELEGATES
WEST VIRGINIA LEGISLATURE
Building 1, Room 418-M
1900 Kanawha Blvd, East
Charleston, WV 25305
December 3, 2009
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
State Capitol Complex
Building 1, Room 228M
Charleston, WV 25305
As you are aware, Governor Joe Manchin, III, recently announced his decision to appoint me
to fill the Kanawha County Circuit Court vacancy created by the resignation of Judge Irene Berger,
who has accepted a federal judgeship. In order to serve in this judicial position, I must vacate my
elected legislative seat. Accordingly, I hereby tender my resignation as Delegate for the 31st District, effective immediately.
It has been an honor to represent Kanawha County and the citizens of the 31st District for the
last nine years. I am particularly humbled by the privileged opportunity to have served as the
chairwoman of the House Committee on the Judiciary for the past three years. I am extremely proud
to have been part of your leadership team and legislative accomplishments.
In closing, I want to express my profound gratitude to my legislative colleagues and to our
extraordinary legislative staff for their service to our state.
House of Delegates (31st District)
STATE OF WEST VIRGINIA
Joe Manchin III
December 18, 2009
The Honorable Natalie Tennant
Secretary of State
Charleston, WV 25305
Dear Secretary Tennant:
Pursuant to the provisions of W. Va. Code §3-10-5, I have this day appointed Meshea Poore,
8 Park Avenue, Charleston, Kanawha County, West Virginia, 25302, as a Delegate representing the
Thirty-first District of the House of Delegates, to fill the vacancy created by the resignation of the
Honorable Carrie Webster, from this day through the remainder of the unexpired term of Delegate
Joe Manchin, III,
The Speaker announced that Delegates Poore and T. Walker had previously qualified by
taking and subscribing to the several oaths of office as prescribed by Section 16, Article VI of the
Constitution of the State of West Virginia.
Messages from the Senate
A message from the Senate, by
Senators Jenkins, Foster and Facemire, announced that the Senate had assembled for the
Second Regular Session of the 79th Legislature, with a quorum present, and was ready to proceed
to the business of the session.
Delegate D. Walker, from the Committee to notify the Senate that the House of Delegates
had assembled and was ready to proceed to the business of the session, reported the performance of
Delegate T. Walker, from the Committee to inform His Excellency, the Governor, that the
Legislature had assembled for the Second Regular Session of the 79th Legislature, reported that the
Committee had completed its assigned task.
Delegate Boggs announced the reintroduction and reference to the various standing
committees of the following House Joint Resolutions from the First Regular Session of the 79th
House Joint Resolutions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22,
23, 24 and 25.
Mr. Speaker, Mr. Thompson, offered the following resolution:
H. C. R. 1 -- "Extending an invitation to His Excellency, the Governor, to deliver an address
to the Legislature and raising a Joint Assembly therefor."
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses;
therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the
Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates
appoint three members of each of the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the
time herein appointed for hearing the address.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
In accordance with the provisions of the resolution, the Speaker appointed as members of
the committee to wait upon His Excellency, the Governor, the following:
Delegates T. Walker, Poore and Hamilton.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by the Clerk
H. R. 1 - "Authorizing the appointment of employees for this, the Second Regular Session
of the Seventy-ninth Legislature, two thousand ten."
Resolved by the House of Delegates:
That the Speaker of the House of Delegates be, and he is hereby, authorized to appoint
employees to perform technical, clerical, stenographic, custodial and other services for this session
of the Legislature to receive the per diems and salaries as herein provided, as follows:
(1) For per diem employees, the following rates:
One Receptionist to the Speaker and Stenographer to the Speaker Pro Tempore at one
hundred forty dollars per diem;
One Receptionist/Stenographer to the Majority Leader's Office at one hundred ten dollars
One Legislative Assistant to the Majority Leader's Office at seventy-five dollars per diem;
One Receptionist to the Committee on the Judiciary at seventy dollars per diem;
One Receptionist to the Committee on the Judiciary at sixty dollars per diem;
Three Clerks to the Committee on the Judiciary at sixty dollars each per diem;
One Attorney to the Committee on the Judiciary at two hundred twenty-five dollars per diem;
One Attorney to the Committee on the Judiciary at one hundred sixty-five dollars per diem;
One Attorney to the Committee on Finance at three hundred dollars per diem;
One Paralegal/Committee Clerk to the Committee on Finance at one hundred twenty dollars
One Paralegal to the Committee on Finance at ninety-five dollars per diem;
One Assistant Clerk to the Committee on Finance at one hundred dollars per diem;
One Committee Assistant to the Committee on Finance at seventy dollars per diem;
One Committee Clerk to the Committee on Education at one hundred twenty-five dollars per
One Committee Clerk to the Committee on Education at sixty dollars per diem;
One Messenger to the Committee on Education at sixty-five dollars per diem;
One Administrative Assistant to the Committee on Government Organization at one hundred
eighteen dollars per diem;
One Committee Clerk to the Committee on Government Organization at seventy-five dollars
One Analyst to the Committee on Health and Human Resources at one hundred fifteen dollars per diem;
One Attorney to the Minor Committees at one hundred eighty-five dollars per diem;
One Secretary to the Minor Committees at seventy dollars per diem;
One Secretary to the Minor Committees at sixty-five dollars per diem;
One Secretary to the Minor Committees at fifty-five dollars per diem;
Two Legislative Assistants to the Minor Committees at seventy dollars each per diem;
One Legislative Assistant to the Minor Committees at fifty-five dollars per diem;
One Per Diem Staff Supervisor to Minor Committees at one hundred three dollars per diem;
One Messenger at sixty-seven dollars per diem;
One Messenger at sixty-five dollars per diem;
One Supervisor to the Journal Room at one hundred ten dollars per diem;
One Clerk to the Journal Room at sixty-eight dollars per diem;
Three Clerks to the Journal Room at sixty-seven dollars each per diem;
Two Clerks to the Journal Room at sixty dollars each per diem;
One Clerk to the Journal Room at fifty-five dollars per diem;
One Doorkeeper at one hundred seventy dollars per diem;
Two Assistant Doorkeepers at seventy-three dollars each per diem;
One Assistant Doorkeeper at sixty-eight dollars per diem;
One Assistant Doorkeeper at sixty-six dollars per diem;
One Assistant Doorkeeper at sixty-three dollars per diem;
One Assistant Doorkeeper at sixty dollars per diem;
One Assistant Doorkeeper at fifty-five dollars per diem;
One Sergeant-At-Arms at one hundred seventy-two dollars per diem;
One Assistant Sergeant-At-Arms at eighty dollars per diem;
One Assistant Sergeant-At-Arms at seventy-one dollars per diem;
One Assistant Sergeant-At-Arms at sixty dollars per diem;
One Assistant Sergeant-At-Arms at fifty-five dollars per diem;
One Stenographer to the Doorkeeper and Sergeant-At-Arms at seventy-three dollars per
One Head Page at seventy dollars per diem;
One Assistant Head Page at fifty-five dollars per diem;
One Maintenance Staff at sixty-five dollars per diem;
Two Maintenance Staff at fifty-five dollars each per diem;
One Attorney to the Minority Leader at one hundred sixty-five dollars per diem;
One Stenographer to the Minority Leader at seventy dollars per diem;
Two Stenographers to the Minority Leader at sixty-five dollars each per diem;
One Stenographer to the Minority Leader at sixty dollars per diem;
One Messenger to the Minority Leader at fifty-five dollars per diem;
One Receptionist to the Clerk's Office at one hundred thirty-eight dollars per diem;
One Mail Assistant to the Clerk's Office at sixty-five dollars per diem.
(2) For salaried full-time employees, the following employees at the following rates, in
addition to and exclusive of any experience increment or pay in lieu of an experience increment as
may be payable under Section 2, Article 5, Chapter 5 of the Code of West Virginia of 1931, as
One Chief Clerk/Parliamentarian at seven thousand five hundred thirty-two dollars and sixty
cents per month;
One Assistant Clerk at four thousand four hundred ninety dollars and ninety-two cents per
One Assistant Clerk at four thousand two hundred seventy-three dollars and six cents per
One Document Clerk at two thousand nine hundred ninety-nine dollars and sixteen cents per
One Document Clerk at two thousand five hundred seventy-five dollars per month;
One Journal Clerk at two thousand five hundred seventy-five dollars per month;
One Secretary at two thousand six hundred seventeen dollars and ninety-two cents per month;
One Technical Assistant at four thousand seven hundred ninety-six dollars and twenty-two
cents per month;
One Technical Assistant at three thousand seven hundred sixty-two dollars and forty-six cents
One Fiscal Officer at five thousand thirty-five dollars and thirty cents per month;
One Assistant Fiscal Officer at three thousand three hundred fifty-seven dollars and eighteen
cents per month;
One Purchasing Agent at three thousand two hundred forty-six dollars and forty-eight cents
One Mail Clerk at two thousand seven hundred fifty-four dollars and forty-six cents per
One Executive Assistant to the Speaker at three thousand eight hundred twenty dollars and
twenty-six cents per month;
One General Counsel to the Speaker at seven thousand four hundred twenty-four dollars and
sixty cents per month;
One Communications Director to the House at five thousand nine hundred ninety-one dollars
and twelve cents per month;
One Assistant to the Majority Leader at four thousand seventy-two dollars and ten cents per
One Assistant to the Majority Whip Office at three thousand one hundred ninety-seven
dollars and fifty-eight cents per month;
One Maintenance Staff at two thousand eight hundred three dollars and forty-two cents per
One Maintenance Staff at two thousand five hundred nineteen dollars and thirty-two cents
One Maintenance Staff at two thousand three hundred fifty-two dollars and sixty-four cents
One Maintenance Staff at one thousand eight hundred seventy-seven dollars and thirty cents
One Chief Counsel to the Committee on the Judiciary at seven thousand six hundred twenty-
three dollars and seventy-two cents per month;
One Staff Council to the Committee on the Judiciary at six thousand forty-six dollars and
twenty-six cents per month;
One Analyst to the Committee on the Judiciary at three thousand six hundred fifty-two
dollars and twenty cents per month;
One Administrative Assistant to the Committee on the Judiciary at three thousand six
hundred five dollars per month;
One Chief Counsel to the Committee on Education at seven thousand two hundred sixteen
dollars and eight cents per month;
One Policy Analyst to the Committee on Education at six thousand five hundred forty-four
dollars and sixty-four cents per month;
One Legislative Assistant to the Committee on Education at three thousand one hundred
seventy-five dollars and fifty-two cents per month;
One Analyst to the Committee on Education at two thousand eight hundred thirty-eight
dollars per month;
One Chief Counsel to the Committee on Finance at seven thousand eight hundred seventeen
dollars and fifty-six cents per month;
One Staff Counsel to the Committee on Finance at five thousand one hundred fifty dollars
One Policy Analyst to the Committee on Finance at five thousand six hundred sixty dollars
and sixty-four cents per month;
One Budget Analyst to the Committee on Finance at three thousand five hundred forty-three
dollars and eighty cents per month;
One Committee Clerk to the Committee on Finance at three thousand eight hundred twenty-
four dollars month;
One Administrative Assistant to the Committee on Finance at two thousand nine hundred
ninety-nine dollars and eighty-two cents per month;
One Chief Counsel to the Committee on Government Organization at seven thousand one
hundred and sixty-three dollars and seventy cents per month;
One Staff Council to the Committee on Government Organization at five thousand five
hundred ninety-nine dollars and ninety-two cents per month;
One Analyst to the Committee on Government Organization at three thousand seventy-seven
dollars and sixty-two cents per month;
One Chief Counsel to the Committee on Health and Human Resources at seven thousand
three hundred forty-six dollars and ninety-two cents per month;
One Analyst to the Committee on Health and Human Resources at three thousand three
hundred fourteen dollars and sixteen cents per month;
One Administrative Assistant to the Committee on Health and Human Resources at two
thousand four hundred forty-five dollars per month;
One staff supervisor to the Minor Committees at four thousand seventy-two dollars and ten
cents per month;
One Staff Attorney to the Minor Committees at six thousand seven hundred thirty-two dollars
and ninety-two cents per month;
One Analyst to the Minor Committees at two thousand eight hundred seventy-five dollars
and forty-two cents per month;
One Analyst to the Minor Committees at two thousand eight hundred eighty-two dollars and
fifty cents per month;
One Analyst to the Minor Committees at two thousand five hundred seventy-five dollars per
One Legislative Assistant to the Minor Committees at three thousand one hundred sixty-six
dollars and forty-eight cents per month;
One Legislative Assistant to the Minor Committees at two thousand nine hundred eighteen
dollars and thirty-six cents per month;
One Executive Assistant to the Minority Leader at five thousand four hundred ninety-five
dollars and twenty-eight cents per month;
One Assistant to the Minority Leader at two thousand seven hundred three dollars and
seventy-six cents per month;
The Speaker is authorized to appoint or assign additional or present employees and to
determine the rate of compensation therefor as he may deem necessary to expedite the work of the
House of Delegates; and, be it
Further Resolved, That, in accordance with Chapter 4, Article 2A of the code, the Clerk of
the House is hereby authorized to draw his requisitions upon the Auditor for travel expenses and
compensation of members of the House of Delegates; and, be it
Further Resolved, That all appointments made under authority of the foregoing provisions
of this resolution shall be certified to the Auditor and Treasurer by the Clerk of the House, and the
Clerk of the House of Delegates is hereby authorized to draw his requisitions upon the Auditor in
favor of the persons so appointed and the Auditor shall honor and pay such requisitions when
presented and charge same to the "per diem of officers and employees" fund or "contingent" fund
of the House of Delegates. The Clerk shall draw his requisitions in favor of employees for
consecutive days or months from the date of their employment at the per diem or salary herein set
out until such time as their services shall cease. The Speaker may remove any employee and appoint another in his or her place, and he shall require each of said employees to perform such duties as
shall be assigned him or her, and he is hereby given authority to dispense with the services of any
employee or employees for any such time or number of days as their services shall not be needed
during the session, and they shall not be paid for such time, nor shall other persons be appointed into
their places for any such time as they may be suspended when not needed; and, be it
Further Resolved, That the Speaker is hereby authorized to assign employees to such
positions and duties as he may deem proper to secure the most efficient and expeditious work during
the Session of the Legislature; and be it
Further Resolved, That no person appointed under authority of this resolution and receiving
pay hereunder shall concurrently receive compensation from any other department or agency of state
government and no person who availed himself or herself of early retirement under the provisions
of Senate Bill 10, First Extraordinary Session, 1988, may be appointed under the provisions of this
resolution. Notwithstanding designation of positions or duties herein prescribed, any employee may
be assigned additional duties by the person by whom appointed, and may be assigned to such
positions and duties, as may be deemed proper to serve the most efficient and expeditious work; and,
Further Resolved, That following the session, the Speaker, with approval of the Rules
Committee, is authorized until superceded by subsequent House Resolution, to remove or appoint
any employee of the House, and establish such duties and compensation as is deemed appropriate
for each employee; and, be it
Further Resolved, That any and all provisions of House Rule 9 in conflict with this resolution
are hereby suspended.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 1) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
At the request of Delegate Boggs, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the remainder of the day to
permit families of members and invited guests the privileges of the floor for the activities of the day,
and for the duration of the session for the student interns of the House Intern Programs.
Delegate Boggs then announced the reintroduction and references to the various standing
committees of the following bills from the First Regular Session of the 79th Legislature: House Bills
2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2024, 2028, 2029, 2030, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2041, 2042,
2043, 2044, 2045, 2046, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2057, 2058, 2059, 2060,
2061, 2062, 2064, 2065, 2066, 2067,
2068, 2069, 2070, 2071, 2073, 2075, 2078, 2079, 2080, 2081,
2084, 2085, 2087, 2088, 2089, 2090, 2092, 2093, 2094, 2095, 2096, 2097, 2100, 2101, 2102, 2103,
2104, 2105, 2106, 2108, 2110, 2111, 2113, 2115, 2117, 2118, 2119, 2120, 2121, 2122, 2124, 2125,
2126, 2128, 2129, 2130, 2131, 2132, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2143, 2145,
2146, 2147, 2149, 2150, 2234, 2235, 2236, 2237, 2238, 2239, 2240, 2242, 2243, 2245, 2246, 2247,
2248, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2257, 2258, 2259, 2260, 2261, 2262, 2263, 2264,
2266, 2267, 2269, 2270, 2271, 2273, 2274, 2276, 2277, 2278, 2279, 2281, 2282, 2284, 2285, 2286,
2287, 2289, 2290, 2291, 2292, 2294, 2295, 2296, 2297, 2298, 2299, 2300, 2301, 2302, 2303, 2304,
2307, 2308, 2310, 2311, 2313, 2314, 2317, 2318, 2319, 2320, 2321, 2322, 2323, 2326, 2328, 2329,
2331, 2332, 2333, 2338, 2340, 2342, 2343, 2345, 2348, 2349, 2350, 2351, 2352, 2354, 2356, 2357,
2358, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2369, 2370, 2372, 2374, 2375, 2377, 2378,
2379, 2381, 2382, 2383, 2384, 2385, 2386, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2397, 2398,
2399, 2410, 2414, 2424, 2425, 2426, 2427, 2428, 2430, 2431, 2432, 2433, 2434, 2436, 2437, 2438,
2440, 2442, 2447, 2449, 2452, 2453, 2454, 2455, 2456, 2459, 2461, 2462, 2463, 2466, 2467, 2468,
2471, 2472, 2475, 2476, 2477, 2479, 2480, 2481, 2483, 2484, 2485, 2488, 2489, 2492, 2493, 2494,
2495, 2496, 2497, 2498, 2499, 2500, 2501, 2502, 2503, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515, 2516, 2517, 2518, 2519, 2520, 2521, 2523, 2524, 2526, 2537, 2540, 2542, 2543, 2544,
2545, 2546, 2548, 2549, 2550, 2551, 2552, 2554, 2556, 2558, 2559, 2560, 2561, 2562, 2563, 2568,
2571, 2573, 2574, 2575, 2576, 2577, 2578, 2579, 2580, 2581, 2582, 2583, 2585, 2586, 2589, 2590,
2593, 2596, 2597, 2598, 2599, 2601, 2603, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612,
2614, 2615, 2617, 2618, 2619, 2620, 2622, 2623, 2624, 2625, 2627, 2629, 2631, 2632, 2633, 2634,
2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644, 2645, 2646, 2647, 2648, 2649, 2650,
2655, 2656, 2657, 2658, 2661, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2670, 2671, 2672, 2675,
2676, 2677, 2679, 2680, 2681, 2683, 2688, 2693, 2699, 2700, 2704, 2705, 2706, 2707, 2708, 2709,
2711, 2712, 2714, 2715, 2716, 2717, 2718, 2720, 2721, 2725, 2728, 2729, 2730, 2731, 2732, 2735,
2736, 2741, 2746, 2751, 2754, 2755, 2756, 2761, 2764, 2768, 2769, 2772, 2773, 2774, 2775, 2777,
2778, 2780, 2783, 2784, 2785, 2786, 2791, 2793, 2796, 2797, 2799, 2800, 2802, 2804, 2806, 2808,
2809, 2810, 2842, 2844, 2846, 2847, 2848, 2850, 2851, 2852, 2853, 2854, 2855, 2857, 2858, 2861,
2862, 2864, 2866, 2871, 2873, 2874, 2876, 2879, 2881, 2883, 2888, 2890, 2892, 2895, 2896, 2897,
2899, 2905, 2906, 2907, 2909, 2910, 2911, 2912, 2914, 2915, 2917, 2919, 2921, 2923, 2927, 2928,
2930, 2932, 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2944, 2945, 2946, 2948,
2951, 2953, 2955, 2956, 2962, 2964, 2966, 2967, 2971, 2973, 2974, 2978, 2979, 2982, 2989, 2991,
2993, 2995, 2996, 2997, 2998, 3002, 3004, 3007, 3009, 3012, 3013, 3014, 3019, 3021, 3023, 3025,
3026, 3034, 3040, 3041, 3049, 3050, 3054, 3055, 3059, 3060, 3061, 3062, 3067, 3069, 3070, 3073,
3078, 3081, 3087, 3088, 3089, 3090, 3091, 3092, 3094, 3096, 3097, 3099, 3102, 3104, 3107, 3108,
3110, 3111, 3113, 3114, 3115, 3117, 3119, 3121, 3123, 3124, 3126, 3127, 3129, 3137, 3141, 3143,
3147, 3148, 3149, 3152, 3153, 3156, 3157, 3159, 3161, 3162, 3165, 3166, 3168, 3173, 3175, 3186,
3190, 3192, 3198, 3201, 3202, 3203, 3204, 3205, 3206, 3211, 3212, 3214, 3215, 3216, 3217,3218,
3221, 3223, 3228, 3230, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3243, 3244, 3247, 3249, 3250,
3252, 3253, 3254, 3257, 3260, 3262, 3263, 3267, 3269, 3272, 3273, 3279, 3280, 3286, 3291, 3293,
3294, 3296, 3297, 3299, 3301, 3302, 3303, 3304, 3307, 3311, 3312, 3316, 3317, 3318, 3319, 3320,
3322, 3325, 3326, 3329, 3330 and 3332.
On motions for leave, bills were introduced, read by their titles, and severally referred as
By Delegates Fleischauer, Manypenny, Marshall, Mahan, Doyle, Martin, Beach, Shook,
Lawrence, Longstreth and Hatfield:
H. B. 4001 - "A Bill to amend and reenact §22-11-4 of the Code of West Virginia, 1931, as
amended, relating to water pollution control; and requiring the West Virginia Department of
Environmental Protection to develop specific standards to control levels of total dissolved solids in
the state's rivers and streams"; to the Committee on Government Organization then the Judiciary.
By Delegates Boggs, Campbell, Swartzmiller and Walters:
H. B. 4002 - "A Bill to amend and reenact §31-15A-2 and §31-15A-7 of the Code of West
Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia
Infrastructure Fund; providing definitions; specifying that infrastructure projects providing
broadband services facilities be included in infrastructure projects eligible for funding; including the
feasibility of inclusion of broadband transmission lines concomitant with the construction of new
roads; providing that construction of broadband transmission lines may be funded from the
infrastructure road improvement reserve account within the infrastructure fund; increasing the
limitation of the amount of funds which may be annually transferred to the account"; to the
Committee on Energy, Industry and Labor, Economic Development and Small Business the Finance.
By Delegates Campbell, Barker, Beach, Miley, Varner, Andes, Cann, Ferro and
H. B. 4003 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-5, all
relating to the West Virginia Geographical Information System"; to the Committee on Government
Organization then Finance.
By Delegates Campbell and Craig:
H. B. 4004 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-59, relating to small, women and minority-owned
businesses"; to the Committee on Energy, Industry and Labor, Economic Development and Small
Business then the Judiciary.
By Delegate Fleischauer:
H. B. 4005 - "A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931,
as amended, relating to making the offense of failure to wear safety belts a primary offense"; to the
Committee on Roads and Transportation then the Judiciary.
By Delegate Fleischauer:
H. B. 4006 - "A Bill to amend and reenact §6B-3-1 and §6B-3-4 of the Code of West
Virginia, 1931, as amended, all relating to requiring the reporting and publication of all
compensation, including contingent compensation, paid to lobbyists for all lobbying activities; and
providing a definition of 'contingent compensation'"; to the Committee on the Judiciary.
By Delegates Fleischauer, Barker, Martin, Klempa, Staggers, Brown, Talbott and
H. B. 4007 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-5-48, relating to county boards of education; requiring that
transportation to and from school be provided for each child that needs or desires transportation;
requiring that each board establish and observe strict transportation schedules for its bussing
students; and requiring that new routes scheduled limit the periods of travel"; to the Committee on
Education then Finance.
By Delegates Fleischauer, Beach, Manypenny, Brown, Staggers, Talbott and Lawrence:
H. B. 4008 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §22-29-1, §22-29-2, §22-29-3, §22-29-4, §22-29-5 and §22-29-6,
all relating to the adoption of green building standards for the construction or renovation of public
buildings over five thousand square feet in size"; to the Committee on Government Organization
By Delegates Fleischauer, Beach, Marshall, Susman, Manypenny, Martin, Brown,
Lawrence and Klempa:
H. B. 4009 - "A Bill to amend of the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-7-12a, relating to providing paid childbirth leave for higher
education personnel"; to the Committee on Education then Finance.
By Delegates Fleischauer, Caputo, Marshall, Hatfield, Guthrie, Susman, Perdue,
Frazier and Stowers:
H. B. 4010 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §21-3-22, relating to providing that all employees have the right
to review and copy the contents of their personnel file"; to the Committee on Energy, Industry and
Labor, Economic Development and Small Business then the Judiciary.
By Delegates Fleischauer, Manypenny, Marshall, Martin, Barker, Staggers, Brown,
Klempa, Longstreth and D. Poling:
H. B. 4011 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating
to meeting and conference rights for members of police or fire departments employed by political
subdivisions; providing for the right of these members to self-organization; allowing designation of
an exclusive representative agent; imposing a duty to meet and confer with employees; allowing
deduction of employee organization dues and assessments; providing for compulsory arbitration of
disputes; listing prohibited acts; allowing hearing before Civil Service Commission; providing
judicial review; specifying powers and duties of the Civil Service Commission; and allowing
injunctive relief"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Fleischauer, Manypenny and Staggers:
H. B. 4012 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §24-2G-1, §24-2G-2, §24-2G-3, §24-2G-4, §24-2G-5, §24-2G-6,
§24-2G-7, §24-2G-8 and §24-2G-9, all relating to energy efficiency for electric and gas utilities and their customers; defining terms; establishing required energy efficiency programs and plans; setting
forth time tables; establishing targets and goals; identifying certain metering and grid technologies;
providing for revenue sharing; establishing penalties; and providing for $600,000 in special license
fees for implementation purposes"; to the Committee on Government Organization then Finance.
By Delegates Guthrie, Hatfield, Shook, Miley and Martin:
H. B. 4013 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-14-15, relating to establishing the offense of unlawful use
of a wireless communication device while operating a motor vehicle on a street or highway;
providing exceptions and conditions for certain lawful uses; definitions; misdemeanor criminal
penalties; and limitation of enforcement"; to the Committee on Roads and Transportation then the
By Delegates Lawrence, Skaff, Romine, Smith, Fragale and Williams:
H. B. 4014 - "A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as
amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a
new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers
employed by a West Virginia law-enforcement agency to receive certification to carry a concealed
firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004;
establishing procedure for a retired or medically discharged member of the State Police to appeal a
denial of a letter of authorization to carry concealed handguns; providing that certain methods of
authorization for retired or medically discharged members of the State Police to carry concealed
handguns are cumulative; providing that a letter of authorization for a retired or medically discharged
member of the State Police to carry concealed handguns is considered a West Virginia concealed
handgun license for the purpose of participating in reciprocity with other states; providing that
law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his
or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer
access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal
Law-Enforcement Officers Safety Act of 2004"; to the Committee on the Judiciary.
By Delegate Marshall:
H. B. 4015 - "A Bill to amend and reenact §9-7-2 and §9-7-6 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new article, designated §9-7A-1, §9-
7A-2, §9-7A-3, §9-7A-4, §9-7A-5, §9-7A-6 and §9-7A-7, all relating to civil actions based upon
false or fraudulent claims against the medical programs of the Department of Health and Human
Resources; providing definitions; defining acts which create a basis for civil liability; creating a civil
penalty for those acts; allowing for reduced damages under certain circumstances; creating a cause
of action on behalf of the Department of Health and Human Resources by a private citizen; providing
procedure for actions filed by private citizens; providing compensation of private citizens bringing
valid actions on behalf of the Department of Health and Human Resources; barring certain actions
by private citizens; creating a private cause of action for employer retaliation against a private
citizen; specifying limitations on actions, retroactivity of this legislation, burden of proof; and
adopting the legislative history behind the federal False Claims Act §§31 U.S.C. 3729-3733"; to the
Committee on Health and Human Resources then the Judiciary.
By Delegates Miley, M. Poling, Caputo, Morgan, Boggs, Fragale, Fleischauer, Barker,
Hunt, Frazier and Moore:
H. B. 4016 - "A Bill to amend and reenact §6B-2-7 of the Code of West Virginia, 1931, as
amended, relating to the Ethics Act; requiring public servants to disclose additional information on
financial disclosure statements; and clarifying existing requirements"; to the Committee on the
By Delegates Perry, Morgan and Ross:
H. B. 4017 - "A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931,
as amended, relating to the powers and duties of the board of parole; eligibility for parole; when an
inmate's written parole release plan may be considered; and procedure for granting parole"; to the Committee on Government Organization then the Judiciary.
By Delegates D. Poling, Swartzmiller and Manypenny:
H. B. 4018 - "A Bill to amend the Code of West Virginia,1931, as amended, by adding
thereto a new section, designated §60A-4-413, relating to establishing that possession of a mixture
or preparation intended for human consumption containing salvia divinorum is unlawful; and
creating criminal penalties"; to the Committee on the Judiciary.
By Delegates Shaver, Duke and Butcher:
H. B. 4019 - "A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931,
as amended, relating to increasing the maximum cash award the Employee Suggestion Award Board
may make; requiring the board to report to the Legislature every five years regarding effect of
inflation; and allowing the Governor to make a secondary award for suggestions if the suggestion
is implemented in one or more additional state agencies"; to the Committee on Government
Organization then Finance.
By Delegate Spencer:
H. B. 4020 - "A Bill to amend and reenact §16-5V-6, §16-5V-7, §16-5V-8 and §16-5V-32
of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services
Retirement System Act; specifying procedures for the transfer of contributions; clarifying actuarial
valuation period; clarifying employer contribution amount; specifying procedures for the correction
of errors; and requiring certain information be included in the insurance plan filed by the Public
Employees Insurance Agency"; to the Committee on Political Subdivisions then Finance.
By Delegates Stephens, Eldridge, Moye, Rodighiero, Manypenny, Sumner, Porter,
Rowan, Reynolds, Susman and Louisos:
H. B. 4021 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to issue a 'Choose Life' license
plate displaying the 'Choose Life' logo"; to the Committee on Roads and Transportation then
By Delegates Stephens, Moye, Eldridge and Rodighiero:
H. B. 4022 - "A Bill to amend the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §17-16A-30, relating to exempting funeral procession
from paying tolls while traveling on the West Virginia Turnpike"; to the Committee on Roads and
Transportation then Finance.
By Delegates Susman, Fleischauer, Marshall, Moye and Porter:
H. B. 4023 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to the Public Service Commission; providing for election of commissioners;
compensation; term of office; prohibiting contributions for election from utilities regulated by the
Public Service Commission; and requiring the Public Service Commission to establish procedures
for the removal of any of its commissioners for inactivity, neglect of duty or malfeasance"; to the
Committee on Government Organization then the Judiciary.
By Delegates Susman, Fleischauer, Marshall, Perry and Wooton:
H. B. 4024 - "A Bill to amend and reenact §30-3-16 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding a new section, designated §30-3-16b, all relating to
greatly broadening the circumstances and types of prescriptions a physician assistant may issue under
the supervision of a licensed physician"; to the Committee on Health and Human Resources then the
By Delegates M. Poling, Paxton, Williams, Beach, Louisos, Smith, D. Walker, Andes,
Canterbury, Ireland and Romine:
H. B. 4026 - "A Bill to repeal §18-23-1, §18-23-2, §18-23-3, §18-23-4, §18-23-5, §18-23-
13, §18-23-14, §18-23-15, §18-23-18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-14-3, §18B-14-4, §18B-14-5,
§18B-14-5a, §18B-14-6 and §18B-14-7 of said code; to amend and reenact §5-6-4a of said code; to
amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said code; to amend
and reenact §18B-2B-6 of said code; to amend and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of said code; to amend and reenact §18B-10-8 of said code; and to amend said
code by adding thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4,
§18B-19-5, §18B-19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12,
§18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18, all relating to
higher education capital facilities generally; repealing certain specific duties of governing boards of
higher education institutions; eliminating condemnation rights of those boards; eliminating execution
of contracts and deeds by those boards; eliminating certain obligation concerning capital construction
and repair duties; eliminating the authority of certain state institutions from selling certain properties
and lease back provisions; replacing those duties that are being repealed with similar responsibilities;
setting forth certain specific responsibilities of the Higher Education Policy Commission and the
Council for Community and Technical College Education; reviewing tuition and fee increases;
reviewing and approving of capital project planning, financing, management and maintenance;
permitting the acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real
property; permitting the construction and operation of capital facilities; permitting the collection and
use of certain capital fees; establishing in the State Treasury a capital maintenance fund for each state
institution of higher education; setting forth legislative findings and intent; defining terms; requiring
rulemaking; and providing for system facilities institution and facilities planning"; to the Committee
At 12:22 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:45 p.m.,
and reconvened at that time.
* * * * * * * * * *
* * * * * * * * * *
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 1, Raising a Joint Assembly to hear an address by His Excellency, the Governor.
* * * * * * * * * *
* * * * * * * * * *
The Doorkeeper, the Honorable John A. Roberts, of the County of Berkeley, announced the
Board of Public Works, who were escorted to the seats reserved for them.
The Doorkeeper then announced the Honorable Chief Justice Robin Davis and Justices of
the Supreme Court of Appeals, who took the seats reserved for them.
The Doorkeeper next announced the Honorable Nick Rahall, II, the Congressman from the
Third Congressional District, who took the seat reserved for him.
The Doorkeeper, then announced the Honorable Earl Ray Tomblin, President, and the
members of the Senate, who entered the Hall of the House of Delegates.
The Speaker invited the President to be seated to his right and the other members to be seated
in the places reserved for them in the Well of the House.
The Speaker next recognized the Doorkeeper who introduced the Honorable Joe Manchin,
III, and joined with the Special Committee to escort him to the Clerk's Desk.
The Speaker then presented the Honorable Joe Manchin, III, who addressed the Joint
Assembly as follows:
Address by the Governor
The Governor. Mr. President, Mr. Speaker, Members of the Board of Public Works,
Justices of the Supreme Court of Appeals, Members of the Legislature, my dear wife and First Lady
Gayle Manchin, Distinguished Guests and my fellow West Virginians: It is once again my honor to
stand in this historic chamber and deliver my sixth State of the State Address.
While 2009 was a difficult year for many of us, our path toward continued success is going
to be even more challenging.
Last year, I told you that West Virginia was more prepared than most states to get through the worst recession our nation has faced in seven decades.
Our preparation has served the people of the Mountain State very well.
Last year, I said we are in a planning mode and not a panic mode. That remains true today.
When I look at West Virginia, I see a state of accomplishment, NOT a state of disarray.
When I look at West Virginia, I see a state of responsible financial planning, NOT a state of
When I look at West Virginia, I see a state of prosperity, NOT a state of missed opportunities.
West Virginia leads the nation in personal income growth and ranked second overall in the
most recent index of state economic momentum.
Since 2005, 243 companies have located or expanded in West Virginia and they have
invested more than 9 billion dollars here. Our cost of living is far below the national average and our
Rainy Day fund is still as strong as ever.
And, although our financial institutions were not immune from this recession, all 61
commercial banks headquartered in West Virginia are sound and well-capitalized.
We cannot stray from this bold path of responsible government!
All of us have read the national headlines about employee furloughs, about government
shutdowns and even about increased taxes. Although our budget may be more slender than in recent
years, we all should be proud that the state of our state is strong.
While we cannot afford to add any base-building salary increases in Fiscal Year 2011, we
are still able to provide annual employee increments and we are fully funding teacher and service
personnel step increases.
Our welcome centers and rest stops have stayed open, our state offices have normal operating
hours, our social services continue and we are paying our bills on time. (Applause) Twenty-six states
are laying off or furloughing workers.
At least 32 states have raised taxes or cut aid to local governments.
I recently required our agencies to reduce their current General Revenue budgets by 3.4
It is the first time I've had to do a mid-year budget reduction. I strongly believe we can
achieve these reductions by identifying even more efficiencies.
I want to especially thank our Supreme Court and Legislature for stepping up and taking
voluntary action to reduce their budgets, as well. This cooperation in West Virginia is making the difference.
Responsible spending starts with responsible borrowing. Last July, West Virginia became
the first state to use the Qualified School Construction Bonds statewide, which is letting us build or
improve dozens of schools at a much lower cost.
We currently have $540 million in ongoing school construction -- the largest amount in the
history of the School Building Authority, but much more needs to be done.
I am asking the Legislature to give the SBA more borrowing flexibility. This will not increase
our debt limit, but will allow us to create a steady revenue stream and provide safer schools and more
construction jobs at cheaper bond rates. We recently completed a $78 million bond issue to improve
our community and technical colleges.
More West Virginians bought these bonds than almost any time in our history. This shows
the confidence we have in our own state's financial condition.
We have had our share of challenges this past year - some from Mother Nature.
Torrential rains in southern West Virginia caused mudslides and flooding unlike anything
I've ever witnessed. The devastation was horrible.
But the cooperation among first responders, coal miners and operators, volunteers, and
FEMA was remarkable, and recovery has been swift.
I want to thank every person who pitched in and gave hope to those in need. In addition, I
want to recognize our National Guard. They are always prepared for the hard work here and overseas.
Our Guard has nearly 800 men and women deployed throughout the world, with most of them
in Iraq and Afghanistan. Would all of the members of the National Guard and all branches of our
armed services - including all veterans - please stand up so we can thank you for the service you give
to our country. We must continue to support our soldiers when they come home. (Applause)
Four years ago, I made a pledge to the Sago and Aracoma families that their loved ones
would not have died in vain. Just days after those accidents, we passed our mine safety act that
mandated crucial safety upgrades.
We demanded rapid response, tracking and communication with our miners, and additional
oxygen supplies. West Virginia had a record-low number of mine fatalities last year, but even one
death is far too many.
We are reporting and responding to accidents more rapidly; we have installed more than 300
emergency rescue chambers; we have positioned additional breathing devices, and we are better equipped to communicate with and track those working underground.
No other state has met similiar requirements. (Applause)
It is no secret West Virginians are proud of their heritage and culture - and we should be.
Our unique history should be shared with every West Virginian and every visitor who comes
to this marvelous capitol.
For many years, we struggled with a state museum that needed direction and resources.
We wanted to teach our children and visitors about West Virginia in a way that our spirit, resilience
and can-do attitude would shine.
And our decision was to get the very best.
Since we opened the museum in June, at least 50,000 people have visited, including school
groups from 21 counties. It is one of the best in the nation and I encourage you to visit. It will make
you proud to be a West Virginian. (Applause)
While the museum gives a great look into our past, if you want to see our future, you must
look at the present. Infrastructure paves our path to success.
When we build a school, construct a road, install a water line or expand broadband and
wireless technology, we are creating a lasting impact.
We have CAREFULLY planned our stimulus spending - reaching the most West Virginians
we can with the money we have been provided. West Virginia is a top state for putting stimulus dollars
to work on our highways and for building water and sewer lines.
The stimulus funding was a much-needed shot in the arm, but by no means could it address
all of West Virginia's challenges.
We are working hard with limited resources and have planned an aggressive construction
program for 2010.
We are literally building roads and bridges to our future! The Division of Highways is
working on the most projects since the interstates were first built.
This year marks the 10th consecutive year we have budgeted over a billion state and federal
dollars for our roads.
Last year, we opened half of Corridor H, advanced sections of U.S. 35, Route 9, Route 10,
the Coalfields Expressway, the Mon/Fayette Expressway, the King Coal Highway and the Fairmont
Gateway Connector, to name just a few. We are constructing more than 80 miles of four-lane highway.
Our state Clean Water Revolving Fund, which finances public water and sewer projects, is ranked among the top in the nation. Last year alone, we funded 18 different projects to provide
wastewater treatment for an additional 12,400 West Virginians.
Small Cities Block Grants support the development of our cities by providing housing, a
suitable living environment and expanding economic opportunities. Since 2005, we have awarded
more than $83 million to benefit thousands of West Virginians through the block grants.
By investing in our communities, we are investing in our future.
This is a Census year.
With only 10 questions, it is the shortest questionnaire in history, but it still will determine
the distribution of more than $400 billion annually for government services including health care,
education and police and fire protection.
It is time for every West Virginian to stand up and be counted and I ask all of you to join me
in this effort. (Applause)
Government funding can't accomplish what it's meant to do without partnerships with
business and labor. The results show we are improving West Virginia's business climate.
By privatizing workers compensation, we dramatically lowered premiums and reduced our
Old Fund Workers' Comp debt by more than $1.7 billion. And by passing the Aircraft Tax Credit and
the High-Technology Server Farm Tax Credit, we are helping to diversify our economy and create
well-paying jobs. But we must find ways to reduce the burden even more on our citizens and
Last year, we reconvened the Comprehensive Tax Modernization Group and, upon their
findings, I am recommending a constitutional amendment that will give us the flexibility we need to
lower taxes on commercial and industrial property, while also considering the impact on local
This will help to create better jobs. (Applause)
This is about more than cutting taxes - it's about fair and progressive taxation that meets our
state's needs and allows us to compete and prosper.
And, regardless of whether it's justified, West Virginia has been fighting the perception of
an unfair judicial system. Last year, I established the Independent Commission on Judicial Reform to
address those concerns.
I want to thank the commission and Honorary Chair Justice Sandra Day O'Connor, for their
thorough review. They have laid the groundwork for reform and, this session, I will introduce two bills based on their recommendations.
The first piece of judicial reform legislation is a public financing pilot project for the two
Supreme Court seats that will be open for election in 2012.
The goal is to relieve judges from the burden of political fundraising and to reduce the
potential for appearance of bias as a result of campaign donations.
This money would be available for both the primary and general elections. The second bill
establishes a judicial advisory committee to aid the governor in the selection of judges for Circuit
Almost half of our current circuit judges are initially appointed prior to being elected. This
bill will ensure that only the most highly qualified individuals are considered for appointment and will
enhance the transparency in this process.
When I created the Independent Commission, I asked them to consider ways to broaden
opportunities for appeals of circuit court decisions. I want to personally thank the Justices of our
Supreme Court for their insight and guidance.
The Supreme Court has been studying this issue for the past several months, and I'm pleased
to report that they have shared with me a proposal for major reform of the state's appellate process.
Through their constitutional rule-making authority, the Supreme Court of Appeals will soon
issue rules for public comment that are intended to ensure there will be full appellate review by the
Court of all final decisions on the merits issued by the circuit courts in West Virginia.
This is a remarkable development and we should commend our Supreme Court for taking this
action to move our state forward. (Applause)
Our progress to build a new West Virginia continues.
We have begun to consolidate our state's outdated financial management system.
A new enterprise resource planning project, known as ERP, will let us better track revenue
and assets, payroll and payments. This will provide the information we need to make timely decisions,
and the savings will be tremendous.
West Virginia is one of only three states awarded a grant from The Pew Center on the States
that will help our agencies achieve even more measurable results. Our pilot project begins this coming
The past few months, we've heard a lot of discussion about our state vehicle fleet. It's time
to set excuses aside and tackle this longstanding problem. In October, I formed a task force to find out how we can improve fleet management and I said that we would take immediate steps to fix it - this
It's clear the overarching problem is the lack of centralized vehicle oversight and
Since 1990, two-thirds of the state vehicle fleet has been exempted from the Department of
Administration through legislative and administrative actions.
Our bill gets rid of those exemptions and it creates a separate Fleet Management Office that
will be held accountable for the entire state vehicle fleet. And that means every single vehicle the State
of West Virginia owns. (Applause)
We embrace the knowledge and appreciate the support from many organizations and groups
of people. One longstanding challenge we face is retaining and attracting young and talented people.
I am proud to offer them a seat at the table when it comes to charting this state's course.
That's why I formed the Governor's Council of Young Professionals, which is made up of
dedicated volunteers. This group meets with me to discuss current issues affecting our state.
In May, we will conduct the first Governor's Summit on Young Talent to connect our youth
with top business and labor leaders. By harnessing the talent already inside our borders, we have a
greater chance to bring back home those who yearn to live, work and play in our beautiful state.
We also need to continue to evaluate our PROMISE scholarship program. Last year, we took
the necessary measures to ensure the program's viability, but I am asking for every PROMISE
graduate to make us a promise that you will do everything possible to stay in West Virginia.
We can battle job loss by retooling our workforce and by investing in our community and
technical colleges. More than 90 new programs have been implemented the past three years and last
fall, community college enrollment increased more than 16 percent.
Adult student enrollment increased more than 25 percent. Many of those students are
dislocated workers upgrading their skills.
Enrollment in allied health programs, which are high-demand occupations critically needed
in West Virginia, increased almost 25 percent the past three years. We must continue to transform our
economy into one that is innovation-driven, technology-based, and piloted by a highly skilled West
Bucks for Brains is creating great results at WVU, Marshall and other universities. As a result
of our $50 million endowment, we are attracting private investors, and together West Virginia is moving to the top in research and development.
The number of students majoring in science, technology, engineering and math continues to
rise. We have more faculty and we're attracting world-class researchers to West Virginia.
Our colleges and universities are more prepared than ever to take us to the next level, but our
children have to get to college first. The statistics are eye-opening.
Amazingly, the United States and Germany are the only western democracies in which
parents are more likely to have earned a college degree than their children. And in West Virginia, for
every 100 ninth graders in school today, statistics tell us only 16 will graduate from college.
And, while enrollment in public colleges and universities is higher than ever, our graduation
rates are very disappointing. Our greatest challenge is to make sure those who start college will finish.
Learning additional skills beyond high school is more critical than ever for West Virginians.
That is why I am asking all of our technical and four-year colleges and universities to freeze their
tuition rates for the coming school year. (Applause)
As we grow into new technologies and business sectors, we must still support the traditional
industries that have helped build our state and make this nation great.
West Virginia will play an increasingly important role in our nation's energy future.
West Virginia ranks second in the nation in exporting electricity, and most of our coal and
natural gas is sent out of state.
2009 was a tough year for coal. Despite the fact that half of our nation's electricity is
generated by coal, and that our national economy depends on this abundant, reliable and affordable
energy, some want to villainize this resource that helped us win two world wars and built the greatest
country in the world. (Applause)
We must continue to stand up for our coal miners and their families! We are not asking for
a handout. All we're asking for is the permission to work! (Applause)
We are reaching new and better ways to use our coal. There is a balance to be had between
our economy and our environment and West Virginia is leading the way in finding that balance.
Our alternative and renewable energy portfolio requires one-fourth of the energy used in our
state to come from alternative or renewable energy sources by the year 2025. A progressive law such
as this is already paying off.
We have more than 1,000 megawatts of wind power in service or in development - that's enough to power more than 250,000 homes! And we have the third-largest wind capacity of any
The world's first successful carbon capture and sequestration project is at AEP's Mountaineer
Power Plant in Mason County, and an advanced pilot project is capturing CO2 at the Dow Chemical
plant in South Charleston.
These pilot projects will lead the way for implementation of this technology at coal-fired
power plants around the world.
Plans are moving ahead on a coal-to-liquids project in Mingo County that will use state-of-
the-art cleaner coal technology. Through this technology, West Virginia coal will be our primary
energy source as we make the transition to the fuels of the future.
We are advancing wood and coal co-firing plants as part of our energy mix and virtually all
of our state's hydropower capacity is being used. And, with new ways to recover massive natural gas
reserves from the Marcellus Shale, we are poised to power our nation for the next century.
Last year, we also passed a post-mining land use bill that requires surface mine operators to
have a plan for how the land they want to mine will be restored. Those plans include highways,
industrial parks, schools, recreation facilities, farms and other renewable and alternative energy
This law is about creating more jobs.
We are not only a leader in energy; we are also a leader in adventure! Last February, we
found out the Boy Scouts were looking for a new home.
Not only did the Scouts choose West Virginia for one of their high-adventure bases, they
chose us as the centerpiece for the next 100 years of Scouting in America. (Applause) The Summit:
Bechtel Family National Scout Reserve at the New River Gorge will be the permanent site of the
National Scout Jamboree and a premier destination for Scouts and their families from around the
It gives us an unprecedented opportunity to showcase West Virginia to business leaders and
tourists, as well. The Scouts are investing hundreds of millions of dollars and will create more than
1,000 permanent and part-time jobs.
I truly believe this can be a game changer for the State of West Virginia.
The Scouts exemplify the values we West Virginians hold so dear - leadership, strength,
teamwork, skills and respect for the environment.
From our Development Office to the local Scout Councils and the people of southern West
Virginia, who all worked tirelessly to make this dream a reality. I want to personally thank you, and
we all owe them a round of applause. (Applause)
Welcome home, Boy Scouts.
In addition to teaching our youth the values and skills important to a successful life, we
continue our battle against illegal drug use, which is one of the worst blights on our communities.
When I became governor, we began dedicating additional funding and resources to combat the drug
We are seeing results.
In 2008, the Bureau of Criminal Investigations unit alone took more than $13 million in drugs
off the streets, up from 910,000 dollars just a few years before. Felony drug arrests nearly tripled from
2004 to 2008.
Last July, we announced Operation Eviction, which pools state resources with county and city
agencies to get drugs out of our communities. And we are taking it to the next level.
We have a simple message to all drug dealers in West Virginia: Get out of our state now,
while you still can. (Applause)
We are not just going after the dealers themselves; we are going after the places where they
operate. Vacant and rundown properties harbor illegal activity, and they also lessen the appeal of our
towns and lower the value of homes and buildings that are maintained by responsible property owners.
That's why I'm introducing legislation that will allow our cities to collect fees from absentee
owners for vacant properties they don't keep up. It will encourage residents and businesses to take
pride in their communities and help spruce up our cities. (Applause)
Unfortunately, after a damaging fire, some property owners take their fire insurance money
and run, leaving the city with a dangerous, abandoned building they cannot afford to demolish. We
are joining our cities and the Insurance Federation on a bill that gives more flexibility to clean up
buildings damaged beyond repair by fire, by allowing the cities to place a lien on fire insurance
Like most states, West Virginia is facing a dramatically increasing prison population we
simply cannot sustain. Last year, I established the Commission on Prison Overcrowding to provide
recommendations on how we can address this problem.
The state Supreme Court has also studied this issue, and an interim report of its commission reached many of the same conclusions. Over the years, we've done a good job of locking criminals
up, but a poor job of rehabilitating non-violent offenders and helping them become productive citizens.
We are always going to be tough on crime, but we must adopt a different approach or we will
have an insurmountable problem.
Tonight I am introducing a bill that will streamline our parole system and use our prisons to
keep violent offenders where they belong - locked up. This accelerated parole system has been tested
in other states and is one part of an overall plan to free up our prison resources.
This program would only be open to non-violent offenders and those convicted of crimes that
do not involve a child. Following through on the commission's other recommendations, we are
renovating the Jackie Withrow Hospital in Beckley to expand the work-release programs. And, we will
be working with West Virginia State University for the combined purpose of expanding our work-
release program and renovating the former Rehabilitation Center in Institute. We look forward to
creating new opportunities for the university, its faculty, staff and students.
By using existing state facilities, we're addressing the overcrowding problem, saving money
and creating opportunities. These issues will not be fixed overnight, however, by working closely with
the Legislature and corrections officials, we will find the best way to solve these problems once and
We are not being soft on crime - we are being smart on crime. (Applause)
Our single-largest budget item is education. Our challenges in education are greater than ever.
But success begins in the classroom.
Our 2010 West Virginia Teacher of the Year, Gretchen Shaffer, teaches math at Morgantown
High School. Gretchen created an after-school ACT/SAT prep class that has helped many students
increase their scores enough to qualify for PROMISE scholarships.
She exemplifies the commitment of our educators who put children first and find innovative
ways to help them succeed. Gretchen, will you please stand and be recognized. (Applause, the
I also want to acknowledge Toyota Motors and Mountain State Blue Cross Blue Shield for
their continued support of our Teacher of the Year program.
President Obama and Secretary of Education Arne Duncan said our nation has fallen behind
in education and job skills. Shockingly, the United States is now the only industrialized country where
young people today are less likely to earn a diploma than their parents.
If we are to remain a world leader, and if we want West Virginia and other states to break the
cycle of poverty, we must not be afraid to make the changes that are needed to succeed!
More than 40 billion stimulus dollars will be available for states and schools to lay the
foundation for a generation of education reform. And $5 billion will be set aside for new ways to
produce results in our classrooms. It's known as Race to the Top.
We have applied for the first round of funding, based on our present education system.
If West Virginia is not awarded the first round of Race to the Top funding, I will call this
Legislature in to a special session on education to make the changes needed to win the second round
of funding, which will be awarded in June.
Let me assure you I will always push for the bold changes that will allow us to succeed
nationally and globally!
That is why I will reintroduce a proposal of immediate importance to our children's
Our current law requires students to attend school for 180 days a year, but let's face the facts:
This is not happening. That is why I am asking you to pass a bill that guarantees that every county is
able to comply with this law and provide 180 days of instruction.
And we must pass this, because it is that important. No excuses, we owe it to our children.
We also owe a lot to our seniors, which I affectionately refer to as our experienced citizens,
who share so much with our children. Since 2005 we have dedicated an additional $26 million to
Senior Services -- the highest amount in our state's history.
Most importantly, I have been committed to giving them the tools they need to maintain a
healthy, happy and independent lifestyle. We have provided 35 brand new food delivery trucks to
county senior services agencies and we will reach our goal to equip every county this year.
Last year, the Bureau of Senior Services helped more than 120,000 seniors, providing
nutrition, transportation, job training, and in-home care, as well as respite for those with Alzheimer's
We also signed the Silver Alert Bill, which helps locate missing seniors by quickly notifying
And as our nation continues to debate health care reform, it's important to note West Virginia
is a leader in health care coverage for children. Last January, the West Virginia Children's Health Insurance Program, known as CHIP, increased its income limit to 250 percent of the federal poverty
This program has served 118,000 children since it began. Including this and private
insurance, we are covering almost every child in West Virginia.
We have joined with local businesses, food suppliers, volunteers and the Department of
Education to include more freshly prepared local foods on the school menus in Cabell County. This
initiative began through the efforts of Chef Jamie Oliver. If this program works, it will become a
model for the rest of West Virginia and the entire nation.
Beginning in October, the West Virginia Women, Infants and Children program -- or WIC --
started providing fresh fruits and vegetables to qualifying families each month. WIC helps our infants
and children eat properly, and it improves access to health care.
Children up to age five are eligible and 70 percent of all infants born in West Virginia can
use this vital program. WIC also is distributing more than 155,000 free books that teach our children
about the joys of physical activity and eating healthful foods.
Last year, we added seven additional counties to the Department of Education and the Arts'
Imagination Library. This program, started by Dolly Parton, provides free books to children from birth
until their fifth birthday.
The Imagination Library will soon expand into 14 northern counties, adding more than
23,000 eligible children by August. Some 46 percent of our children live in low-income homes where
parents struggle to provide for their families.
Sadly, poverty often persists through generation upon generation. This cycle is difficult to
break. Parents without additional education and skill sets often struggle to earn enough to support their
families, and cannot provide these educational opportunities to their children.
The best way to improve the chances for lifelong success of children who live in poverty is
to ensure they have the same education opportunities as other children. In West Virginia, 49 percent
of low-income fourth graders read below grade level, and research shows that children who score
below grade-level at this age are unlikely to ever catch up.
This creates a lifelong deficit that is rarely overcome. Last year, we passed the 3rd and 8th
grade screening bill that provides additional resources to help students who are not meeting the
standards at these critical grade levels.
But we must do more.
For more than 75 years, Save the Children has helped kids thrive by improving their health,
education and economic opportunities. They are working in more than 150 communities across the
country to help lessen the impact of poverty on children.
With our support, Save the Children will help our most needy kids acquire the skills they
need to succeed and build a lifelong love of learning, so I am directing $1 million to their efforts in
our rural counties. It will provide another tool to give our children the chance they deserve.
This program was brought to the First Lady's attention by one of our state's most-recognized
citizens. She's a mother of two young daughters who truly cares about her home state, and she is a
national ambassador for early childhood education. She presents a positive image of West Virginia
wherever she goes and is always proud to tell her millions of fans where she grew up.
Her dedication to children has taken her to the halls of Congress and brought her back home
to build support for these important initiatives.
Tonight, I'm pleased she has joined us here to highlight this important message.
I'd like for West Virginia's own Jennifer Garner to please stand and be recognized.
(Applause, the members rising)
Thank you, Jennifer, for introducing this valuable program to West Virginia.
We look forward to working with Save the Children to help move our state and our nation
forward. Jennifer is joined tonight by Mark Shriver, a tireless advocate for kids and managing director
of U.S. programs for Save the Children. Mark, would you please stand so that we can thank you also.
Above all, our children should always be our top priority. President Kennedy once said,
"Children are the world's most valuable resource and its best hope for the future."
Sadly, if you could see what our State Police see every day, you'd be more concerned than
ever about the dangers our children are facing. On any given day, 300 West Virginia children -
including infants and toddlers - are sexually abused. 1,000 computers each month in West Virginia
possess or distribute child pornography. This is an international problem that is stealing the innocence
from our children. An innocence that can never be replaced.
I am committed to making West Virginia a leader in fighting this most horrible type of crime.
Since September 2006 the Child Protection Unit, with only 6 State Troopers, has arrested
nearly 1300 offenders. This is clearly not enough.
To better target predators and concentrate our efforts, the State Police consolidated and formed the Crimes Against Children Unit. This new unit covers the entire state.
But they're not the only ones in this fight. They join the West Virginia Department of Health
and Human Resources Child Protective Services, as well as multi-disciplinary teams from across the
There is nothing I will do as governor, or you will do as a lawmaker, that is more important.
We must devote more funding and resources today to these efforts. (Applause)
Next week in this chamber, I will join state and local police, child protection agencies and
groups who are leading the charge against these crimes in a video presentation to our Legislature that
I'm sure will shock you - as it did me.
The video illustrates the urgent need to take action. Right now, I am asking the Legislature
to fund six additional troopers and support staff for the Crimes Against Children Unit. (Applause)
This will be a huge step toward creating a safer environment for our children.
We will not stand by and lose another child to a predator!
West Virginia's most famous author, Pearl S. Buck, summed up the importance of children
best when she wrote, "If our American way of life fails the child, it fails us all."
When I was first inaugurated and in every year since I have been governor, I have spoken
about the five promises we should keep to every child. At the heart of those promises is the principle
that every child should have a safe place and a healthy start.
Many of the bold initiatives I have discussed tonight are tailored for our youngest citizens,
because they have no voice and they deserve the opportunity to succeed. We must be their voice, and
it is our responsibility to provide that opportunity.
We are all in this together, and we must continue to work together to ensure our children are
healthy, happy and, most importantly, loved.
For our children and grandchildren to grow up and be productive adults, they must have a
We must do our part now to make a positive impact on their future because West Virginia's
future depends on it.
Thank you. God bless you. And may God continue to save the Great State of West Virginia.
(Applause, the members rising in ovation)
* * * * * * *
At the conclusion of the address, His Excellency, the Governor, accompanied by the Committee of Escort, retired from the Hall of the House of Delegates.
The Doorkeeper escorted the invited guests from the Chamber.
The members of the Senate retired to their Chamber, and the Speaker declared the Joint
At 7:57 p.m., on motion of Delegate Boggs, the House of Delegates recessed for fifteen
minutes and reconvened at that time.
The Speaker then called the House of Delegates to order and laid the following
communication from His Excellency, the Governor, before the House:
State of West Virginia
OFFICE OF THE GOVERNOR
January 13, 2010
Executive Message No. 1
2010 Regular Session
The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
Charleston, West Virginia 25305
Dear Mr. Speaker:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and
budget bill for the fiscal year beginning July 1, 2010.
With warmest regards,
Joe Manchin, III,
In compliance with Subdivision (4), Subsection B, Section 51, Article VI of the Constitution,
the Speaker introduced the following bill, which was read by its title and referred to the Committee on Finance:
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4025 - "A Bill making appropriations of public money out of the Treasury in
accordance with Section 51, Article VI of the Constitution."
Accompanying the Budget Bill was a document showing estimates of revenue, expenditures,
etc., as required by Section 51, Article VI of the Constitution.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Skaff.
The Speaker announced Standing Committees for the Second Regular Session, 2010, as
Argento (Chair), Butcher (Vice Chair), Beach, Boggs, Campbell, Caputo, Eldridge, Guthrie,
Hall, Manypenny, Martin, Morgan, Moye, M. Poling, Rodighiero, Swartzmiller, Wells, Williams,
Evans (Minority Chair), Canterbury (Minority Vice Chair), Anderson, Border, Ireland, C. Miller,
BANKING AND INSURANCE
Moore (Chair of Banking), Reynolds (Vice Chair of Banking), Perry (Chair of Insurance),
Shook (Vice Chair of Insurance), Cann, Frazier, Hartman, Hunt, Hutchins, Iaquinta, Louisos,
Mahan, Manchin, Michael, Shaver, Skaff, T. Walker, Wooton, Azinger (Minority Chair of Banking),
Schoen (Minority Vice Chair of Banking), Ashley (Minority Chair of Insurance), Walters (Minority Vice Chair of Insurance), Andes, Carmichael and J. Miller.
Fleischauer (Chair), Hutchins (Vice Chair), Brown, Caputo, Doyle, Ferro, Frazier, Guthrie,
Hatfield, Hunt, Kominar, Marshall, Moore, Morgan, Staggers, Varner, Wells, Webster, Overington
(Minority Chair), Romine (Minority Vice Chair), Blair, Ellem, Lane, McGeehan and Sobonya.
M. Poling (Chair), Paxton (Vice Chair), Beach, Crosier, Ennis, Fragale, Lawrence, Louisos,
Moye, Perry, Pethtel, Rodighiero, Shaver, Smith, Stowers, D. Walker, Williams, Duke (Minority
Chair), Sumner (Minority Vice Chair), Andes, Canterbury, Ireland, Romine, Rowan and Shott.
ENERGY, INDUSTRY AND LABOR, ECONOMIC DEVELOPMENT
AND SMALL BUSINESS
Barker (Chair of Energy, Industry and Labor), Shaver (Vice Chair of Energy, Industry and
Labor), Kominar (Chair of Economic Development and Small Business), Craig (Vice Chair of
Economic Development and Small Business), Brown, Butcher, Caputo, Fleischauer, Guthrie,
Klempa, Mahan, Manypenny, Martin, Marshall, Paxton, Skaff, D. Walker, Sobonya (Minority Chair
of Energy, Industry and Labor), C. Miller (Minority Vice Chair of Energy, Industry and Labor),
Blair (Minority Chair of Economic Development and Small Business), Andes (Minority Vice Chair
of Economic Development and Small Business), Hamilton, McGeehan, Schoen and Shott.
White (Chair), Campbell (Vice Chair), Craig, Doyle, Eldridge, Guthrie, Iaquinta, Klempa,
Kominar, Mahan, Manchin, Marshall, Perdue, Phillips, M. Poling, Reynolds, Spencer, Varner,
Anderson (Minority Chair), Carmichael (Minority Vice Chair), Ashley, Blair, Border, Evans and
Morgan (Chair), Stephens (Vice Chair), Argento, Boggs, Butcher, Cann, Givens, Hall,
Hartman, Hatfield, Manypenny, Martin, D. Poling, Poore, Staggers, Swartzmiller, Talbott, T. Walker, C. Miller (Minority Chair), Porter (Minority Vice Chair), Azinger, Cowles, Rowan, McGeehan and
HEALTH AND HUMAN RESOURCES
Perdue (Chair), Hatfield (Vice Chair), Campbell, Eldridge, Fleischauer, Lawrence,
Manypenny, Marshall, Moore, Moye, Perry, Phillips, D. Poling, Rodighiero, Spencer, Staggers,
Susman, Wooton, Border (Minority Chair), J. Miller (Minority Vice Chair), Andes, Carmichael, Lane,
C. Miller and Rowan.
Miley (Chair), Hunt (Vice Chair), Barker, Brown, Caputo, Ferro, Fleischauer, Frazier,
Hutchins, Longstreth, Michael, Moore, Ross, Shook, Skaff, Susman, Wells, Wooton, Ellem
(Minority Chair), Lane (Minority Vice Chair), Hamilton, Overington, Schoen, Schadler and Sobonya.
Talbott (Chair), Crosier (Vice Chair), Argento, Beach, Caputo, Craig, Eldridge, Fragale,
Guthrie, Hall, Manypenny, Martin, Moye, Phillips, Rodighiero, Shaver, Swartzmiller, Varner,
Hamilton (Minority Chair), Anderson (Minority Vice Chair) Duke, Ellem, Evans, Ireland and
PENSIONS AND RETIREMENT
Spencer (Chair), Pethtel (Vice Chair), Givens, Reynolds, Williams, Canterbury and Duke.
Manchin (Chair), Beach (Vice Chair), Cann, Doyle, Fragale, Hartman, Lawrence, Longstreth,
Louisos, D. Poling, Poore, Ross, Susman, Tabb, Varner, T. Walker, Williams, Sumner (Minority
Chair), Cowles (Minority Vice Chair) Anderson, Duke, Ellem, J. Miller, Schadler and Shott.
ROADS AND TRANSPORTATION
Martin (Chair), Klempa (Vice Chair), Argento, Barker, Butcher, Craig, Crosier, Ennis, Ferro,
Hall, Kominar, Michael, Shook, Smith, Stephens, Stowers, D. Walker, Wells, Schadler (Minority
Chair), Canterbury (Minority Vice Chair), Armstead, Cowles, Evans, Porter and Rowan.
COMMITTEE ON SENIOR CITIZEN ISSUES
Williams (Chair), Ennis (Vice Chair), Argento, Butcher, Hatfield, Longstreth, Manchin,
Manypenny, Marshall, Moore, Moye, Perdue, Pethtel, D. Poling, Ross, Spencer, Stephens, Susman,
Rowan (Minority Chair), Evans (Minority Vice Chair), Azinger, Duke, Hamilton, Shott and Sumner.
Thompson (Chair), Boggs, Caputo, Fragale, Hatfield, Marshall, Miley, Morgan, Paxton, M.
Poling, Talbott, Varner, White, Anderson, Armstead, Border, Carmichael and Overington.
VETERANS' AFFAIRS AND HOMELAND SECURITY
Iaquinta (Chair of Veterans' Affairs), Longstreth, (Vice Chair of Veterans' Affairs),
Swartzmiller (Chair of Homeland Security), Moye (Vice Chair of Homeland Security), Cann, Ennis,
Ferro, Fleischauer, Givens, Hatfield, Hutchins, Paxton, Pethtel, Spencer, Staggers, Smith, Stephens,
Stowers, Azinger (Minority Chair of Veterans' Affairs), Porter (Minority Vice Chair Veterans'
Affairs), Ireland (Minority Chair Homeland Security), Ashley (Minority Vice Chair of Homeland
Security), Armstead, Sumner and Walters.
Wells (Chair), Staggers (Vice Chair), Fragale and Overington.
LEGISLATIVE RULE-MAKING REVIEW
Brown (Chair), D. Poling (Vice Chair), Talbott, Overington and Sobonya.
FOREST MANAGEMENT REVIEW
Michael (Chair), Hartman (Vice Chair).
PARKS AND RECREATION
Eldridge (Co-Chair), Wells (Co-Chair).
At 8:19 p.m., on motion of Delegate Boggs, the House of Delegates adjourned until 11:00
a.m., Thursday, January 13, 2010.