__________*__________


Tuesday, February 8, 2011

TWENTY-EIGHTH DAY

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


The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 7, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

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. 3044, Relating to civil forfeiture actions related to criminal activity,
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. 3044) was referred to the Committee on Finance.
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. 3029, Relating to crimes using computers, telephones and electronic communications devices,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3029 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, and to amend and reenact §61-8-16 of said code, all relating to crimes using computers, telephones and electronic communications devices; creating offenses for the unlawful transmission of obscene, anonymous, harassing and threatening communications and data by mobile phone, personal digital assistant or other electronic communications device; clarifying provisions pertaining to the unlawful obscene, anonymous, harassing and threatening communications by traditional voice communication by telephone; creating a felony offense for certain repeat offenses using a computer, mobile phone or other electronic communications device; and establishing criminal penalties,"
And reports the same back 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. 3029) 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. 2582, WV Bureau for Public Health, specialized multipatient medical transport,
And,
H. B. 2597, Pharmacy, board of pharmacy rules regarding licensure and practice,
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. 2582 and H. B. 2597) were each referred to the Committee on the Judiciary.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising that on February 7, 2011, he approved H. B. 2853.
The Clerk announced that he had received a Proclamation calling for the election as mandated by H. B. 2853, and was as follows:
State of West Virginia

EXECUTIVE DEPARTMENT

Charleston


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

By the Governor

Whereas, I, Earl Ray Tomblin, as President of the Senate of the State of West Virginia, am constitutionally obligated to act as Governor until the vacancy in the office of Governor is filled; and
Whereas, the Supreme Court of Appeals of West Virginia, in its Mandate filed January 18, 2011, directed me to issue a proclamation to fix a time for a new statewide election to fill the vacancy in the office of Governor consistent with the provisions of section two, article ten, chapter three of the West Virginia Code; and
Whereas, pursuant to said Mandate and consistent with article VII, section sixteen of the West Virginia Constitution and section two, article ten, chapter three of the West Virginia Code, I issued a proclamation on January 21, 2011, setting October 4, 2011, as the time for the new statewide election to fill the remainder of the unexpired term of former Governor Joe Manchin III; and
Whereas, while the January 21, 2011 proclamation has already set the new stateside election for October 4, 2011, today's proclamation is issued to fulfill the requirements of section two, article ten, chapter three of the West Virginia Code, as amended and reenacted by the West Virginia Legislature in House Bill No. 2853, that the person acting as Governor issue a proclamation calling for a special primary election to be held on May 14, 2011, and a special general election to be held on October 4, 2011.
NOW, THEREFORE, I, EARL RAY TOMBLIN, by virtue of the power and authority vested in me by law, and in accordance with article VII, section sixteen of the West Virginia Constitution, section two, article ten, chapter three of the West Virginia Code, as amended and reenacted, and the Mandate of the Supreme Court of Appeals of West Virginia filed January 18, 2011, do hereby proclaim the following:
The remainder of the unexpired term in the office of Governor created by the resignation of former Governor Joe Manchin III on November 15, 2010, shall be filled by a new election pursuant to the foregoing authorities. The new election shall occur as follows:
1.
A special general election shall be held on October 4, 2011.

2.A special primary election shall be held on May 14, 2011, for the purpose of nominating political party candidates for the special general election.
In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.


(Great Seal)
DONE at the Capitol in the City of Charleston, State of West Virginia, this seventh day of February, in the year of our Lord, Two Thousand Eleven, and in the One Hundred Forty-Eighth year of the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
Natalie E. Tennant
Secretary of State.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 281 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3C-14c, relating to making it a crime to put certain types of invasive software on mobile devices; providing penalties; and providing exceptions"; which was referred to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, to take effect from passage, of
S. B. 342, Making supplementary appropriation to Governor's Office--Civil Contingent Fund.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 349 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1 and §16-43-2, all relating to requiring the inclusion of a bittering agent in coolant and antifreeze; providing exceptions; and criminal penalty"; which was referred to the Committee on the Judiciary.
Resolutions Introduced

Delegates Barker, Butcher, R. Phillips and Rodighiero offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 55 - "Requesting that bridge number 3-119/10-0.04 on County Route 119/10 at mile marker 0.04 at Greenview, Boone County, West Virginia be named the 'PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial Bridge'."
Whereas, PVT. Clyde Whitman (Bobbie) Bennett was born to Ottie Bennett and Chloe Bennett and was raised in Greenview, West Virginia; and
Whereas, PVT. Clyde Whitman (Bobbie) Bennett entered the United States Army in 1951, served as an advance scout and was killed in action in the Korean War on October 3, 1951; and
Whereas, PVT. Clyde Whitman (Bobbie) Bennett was awarded the Purple Heart, the Good Conduct Medal and the Rifleman's Medal; and
Whereas, PVT. Clyde Whitman (Bobbie) Bennett died leaving a widow, Mary Lou Browning and a son, Bobbie Ray Bennett; and
Whereas, PFC Oliver Ball, Jr., also from Greenview, West Virginia, was born on July 1, 1931 to Oliver Ball, Sr. And Myrtle Ball; and
Whereas, PFC Oliver Ball, Jr. entered the United States Army and died while serving in Korea during the Korean War; and
Whereas, PFC Oliver Ball, Jr. was awarded the Purple Heart, the Good Conduct Medal and the Rifleman's Medal; and
Whereas, PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. served their country with honor and distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 3-119/10-0.04 on County Route 119/10 at mile marker 0.04 at Greenview, Boone County, West Virginia be named the "PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the families of PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr.
Delegates Boggs, Doyle, Walker, Mr. Speaker, Mr. Thompson, and Delegates Barill, Barker, Butcher, D. Campbell, T. Campbell, Cann, Caputo, Craig, Crosier, Ennis, Ferns, Ferro, Frazier, Givens, Hall, Hartman, Hunt, Iaquinta, Jones, Kominar, Lawrence, Longstreth, Mahan, Manypenny, Marshall, Martin, Michael, Moore, Morgan, O'Neal, Paxton, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, Poore, Reynolds, Rodighiero, Shaver, Sigler, Smith, Snuffer, Staggers, Stephens, Stowers, Swartzmiller, Talbott, Varner, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 56 - "Requesting the Joint Committee on the Library of Congress to approve the replacement of the statue of John Edward Kenna with one of Robert Carlyle Byrd in Statuary Hall and creating a legislative committee to study the implementation of the Robert Carlyle Byrd statue placement and designating Robert Carlyle Byrd to be honored and memorialized with a statue in the National Statuary Hall in the United States Capitol in Washington, D. C."
Whereas, By Act of Congress of the United States, each state is invited to provide two statues of distinguished citizens for display in the United States Capitol. West Virginia provided two statues of notable citizens as part of the National Statuary Hall collection: John Edward Kenna, given in 1901, and Francis Harrison Pierpont, given in 1910; and
Whereas, Robert C. Byrd was born Cornelius Calvin Sale, Junior on November 20, 1917, and was raised by his adoptive parents who renamed him Robert Carlyle Byrd. He worked as a gas station attendant, a grocery store clerk, a shipyard welder and a butcher growing up in a small mining community in Southern West Virginia. He married his high school sweetheart, Erma Ora James, in 1937; and
Whereas, Robert C. Byrd was elected to the West Virginia House of Delegates in 1946 and 1948; elected to the West Virginia Senate in 1950; and elected to the United States House of Representatives in 1952, 1954 and 1956. He was then elected to the United States Senate where he served continuously from January 3, 1959, until his death on June 28, 2010. During that time, Robert C. Byrd was elected to more leadership positions in the United States Senate than any other Senator in the history of our great nation, serving as Majority Whip, Majority Leader, Minority Leader and President Pro Tempore. He served as Chairman of the Appropriations Committee of the United States Senate, directing hundreds of millions of dollars to funding infrastructure, education and economic development in West Virginia; and
Whereas, Robert C. Byrd cast more votes than any other member of the United States Senate than any other member of the United States Senate, including more than 15,580 roll call votes in his career, with a ninety-seven and nine percent attendance record during his five decades in the United States Senate. On November 18, 2009, Robert C. Byrd became the longest-serving member of the United States Congress with fifty-six years, three hundred twenty-one days of continuous and dedicated service, surpassing Senator Carl Hayden of Arizona, who served fifty-six years, three hundred nineteen days. Robert C. Byrd passed away on June 28, 2010, after a long and distinguished career in the United States Congress; therefor, be it
Resolved by the Legislature of West Virginia:
That the Legislature of the State of West Virginia hereby acknowledges the extraordinary and exemplary service of Robert C. Byrd and respectfully requests the Congress of the United States to allow West Virginia to replace a statue of John Edward Kenna with a statue of Robert C. Byrd in the National Statuary Hall to honor and memorialize the life and work of Robert C. Byrd; and, be it
Resolved further, That Legislature of the State of West Virginia select a commission to implement and oversee the replacement of the statue of John Edward Kenna with a statue of Robert C. Byrd; and, be it
Resolved further, That the commission shall be responsible of the following:
(a) Selecting the sculptor or sculptors,
(b) Paying the sculptor or sculptors to carve or cast the statue,
(c) Creating a pedestal and desired inscription,
(d) Transporting the statue and pedestal to the United States Capitol,
(e) Removing and transporting the replaced statue of John Edward Kenna back to the West Virginia State Capitol,
(f) Temporarily erecting the new statue of Robert C. Byrd in the Rotunda of the United States Capitol for the unveiling ceremony,
(g) Paying the expenses related to the unveiling ceremony and any other expenses that the commission finds necessary to incur in implementing this resolution, and
(h) Other actions and costs associated with the replacement of the statue; and, be it
Resolved further, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to the Architect of the Capitol, the Joint Committee on the Library of Congress, the West Virginia Division of Culture and History, each member of the West Virginia Congressional Delegation, the Majority Leader of the United States Senate and the Speaker of the House of Representatives in the United States Congress.
Delegate Pethtel offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 57 - "Requesting the Division of Highways to name the Moses Bridge, number 52- 64-1.06, over Long Drain in Hundred, Wetzel County, West Virginia, the 'Lance Corporal John Darrell Smith Memorial Bridge'."
Whereas, Lance Corporal John Darrell Smith was born March 21, 1945, in the Earnshaw Community near Hundred, West Virginia, the son of William Glen Smith and Mary Lucille Smith; and
Whereas, Lance Corporal John Darrell Smith died in South Vietnam on June 4, 1966, while a member of A Company, the 1st Battalion, 9th Marines, 3rd MARDIV, III MAF, in Quang Nam Province, when his company came under gun and small arms fire on May 21, 1966; and
Whereas, Lance Corporal John Darrell Smith died approximately two weeks later as a result of wounds suffered during this attack. He was awarded medals commensurate with his service and death; and
Whereas, Lance Corporal John Darrell Smith paid the supreme sacrifice, at age 21 years, in the service of his state and country and his dedication to protecting the principles upon which this country was built and that sacrifice should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Moses Bridge, number 52-64- 1.06, over Long Drain in Hundred, Wetzel County, West Virginia, the "Lance Corporal John Darrell Smith Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed, signs identifying the bridge as the "Lance Corporal John Darrel Smith Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the surviving family of Lance Corporal John Darrell Smith and the Secretary of the Department of Transportation.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Boggs, Talbott, Crosier and Guthrie:

H. B. 3045 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-6, relating to establishing the Forest Product Fairness Act"; to the Committee on Natural Resources then the Judiciary.
By Delegate Staggers:

H. B. 3046 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-41-1 and §30-41-2, all relating to voiding all noncompete agreements; and providing exceptions"; to the Committee on the Judiciary.
By Delegates Howell, Andes, R. Phillips, Evans, Cowles, Ellem, Gearheart, Sigler, Hall and Stowers:

H. B. 3047 - "A Bill to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to removing the ban on disposing of covered electronic devices in solid waste landfills"; to the Committee on the Judiciary.
By Delegates Manchin, Longstreth, Caputo and Fleischauer:

H. B. 3048 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-2L-1, relating to requiring public schools to institute mandatory recycling programs; and money collected from program is retained by the school"; to the Committee on Education then Finance.
By Delegates Hartman, Michael and Williams:

H. B. 3049 - "A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner from civil liability for injuries that may occur to a person or property on the landowner's property or surrounding property caused while hunting"; to the Committee on Natural Resources then the Judiciary.
By Delegates Morgan, Stephens and Martin:

H. B. 3050 - "A Bill to amend and reenact §30-35-4, §30-35-5, §30-35-6, §30-35-7, and §30- 35-8 of the Code of West Virginia, 1931, as amended, all relating to the practice of dieticians, removing fees from statute and providing rule-making authority to set a fee schedule"; to the Committee on Government Organization then Finance.
By Delegate J. Miller:

H. B. 3051 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4 and §18-33-5, all relating to creating an opportunity for parents to petition a school district in order to convert a school into one of three possible models of school level reform"; to the Committee on Education then Finance.
By Delegates Marshall and Moore:

H. B. 3052 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to assigning benefits directly to providers under group accident and sickness insurance policies based on the patient's assignment of benefit form"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Smith, Barill, T. Campbell, Caputo, Guthrie, Mahan, Perdue, Pino and Sumner:

H. B. 3053 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-37; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to providing a cost-of-living provision for certain persons retired under the Public Employees Retirement System and the Teachers Retirement System"; to the Committee on Pensions and Retirement then Finance.
By Delegates Miley, Longstreth, Fleischauer, Skaff, Hamilton, Sobonya and C. Miller

[By Request of the State Police]:
H. B. 3054 - "A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B-16, all relating to DNA data collection generally; providing definitions; authorizing the West Virginia State Police to administer DNA identification system; authorizing the West Virginia State Police to enter into certain cooperative agreements; requiring DNA sample be obtained upon conviction; identifying tests to be performed on DNA samples; providing authority to maintain samples; providing procedure for withdrawing and analyzing samples; providing procedure for exchanging samples with others; providing procedure for removing sample from database by expungement; providing for destruction of samples; providing penalties; and authorizing the West Virginia State Police to collect certain fees for DNA testing"; to the Committee on the Judiciary then Finance.
By Delegates Skaff, D. Campbell, Ferns, Hatfield, Martin, Staggers, Moye, Morgan and Stephens:

H. B. 3055 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-27-38, relating to retaining nursing educators; providing a tax credit up to $3,500 for full-time nursing faculty members in the state; establishing the criteria for taking the credit; granting rule-making authority to the State Tax Commissioner; and defining terms"; to the Committee on Education then Finance.
By Delegates T. Campbell and Canterbury:

H. B. 3056 - "A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended, relating to eliminating the reporting requirement for public fire departments of nonfire incidents to the State Fire Marshal"; to the Committee on Government Organization then the Judiciary.
By Delegates Caputo, Manchin, Hall, Longstreth, D. Poling, Stowers and Martin:

H. B. 3057 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-2-23, relating to providing for career development; and establishing annual salaries for Alcohol Beverage Control inspectors, enforcement agents and supervisors"; to the Committee on Government Organization then Finance.
By Delegates Miley, Ferro and Poore

[By Request of the Secretary of State's Office]:
H. B. 3058 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-15, relating to creating a criminal offense and adding misdemeanor criminal penalties for picketing or disrupting funerals or memorial services"; to the Committee on the Judiciary then Finance.
By Delegates Smith, Hall, Lawrence, Poore, Rodighiero and Wells:

H. B. 3059 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18A-4-2c and §18A-4-8j; and to amend said code by adding thereto a new section, designated §18B-7-1a, all relating to providing pay rates for teachers and other personnel employed by county boards of education and institutions of higher education for work assignments outside of regular school days or regular employment duties or beyond contracted employment periods"; to the Committee on Education then Finance.
By Delegates Kominar, Ashley, Carmichael, Varner, White and Pethtel:

H. B. 3060 - "A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to the corporation net income tax; credit for utility taxpayers with net operating loss carryovers; and providing a different procedure for determining the credit"; to the Committee on Finance.
By Delegates Morgan, Stephens and Martin:

H. B. 3061 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-20, relating to authorizing physical and mental health related licensing boards to establish a volunteer's certificate allowing professional licensees to volunteer without a license; and requiring the boards to establish rules to implement procedures"; to the Committee on Health and Human Resources then Government Organization.
By Delegates Lawrence, Longstreth, Hall and Skaff:

H. B. 3062 - "A Bill to amend and reenact §18-9A-2, §18-9A-4, §18-9A-10, §18-9A-11, §18-9A-13b and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school aide formula by reducing over two years from ninety percent to eighty, then to seventy percent the amount of the regular levy deducted from county boards of education for general current expense purposes; ensuring that improved instructional programs receive at least $33 million annually; by providing at least $5 million to the State Board of Education to assist low performing schools; capturing moneys from declining enrollment and direct it to salaries of classroom teachers and service personnel; and by requiring at least an $8 million annual appropriations for alternative education programs"; to the Committee on Education then Finance.
By Delegates Hartman, Michael, Williams, Perry and Evans:

H. B. 3063 - "A Bill to amend and reenact §16-13A-4 of the Code of West Virginia, 1931, as amended, relating to public service district board members; increasing the salary of public service district board members; clarifying when salary and expense payments may be made; and adding sewer service to the salary schedule for public service districts which contract with others to provide service"; to the Committee on Political Subdivisions then Finance.
By Delegates Marshall, Iaquinta, Manchin, Stowers, Evans and Anderson:

H. B. 3064 - "A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof"; to the Committee on Finance.
By Delegates Miley and Poore

[By Request of the Secretary of State's Office]:
H. B. 3065 - "A Bill to repeal §3-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-1, §3-3-2, §3-3-2b, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b, §3-3-5c and §3-3-6 of said code, all relating to the eligibility requirements, processes, and assistance of absentee voting, and early in person voting"; to the Committee on the Judiciary then Finance.
House Calendar

Third Reading

Com. Sub. for H. B. 2864, All relating to the creation of a misdemeanor crime of unlawful restraint in the first and second degree; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 61), and there were--yeas 99, nays none, absent and not voting 1, with the absent and not voting being as follows:
Absent and Not Voting: C. Miller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2864) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

Com. Sub. for H. B. 2368, Relating to the practice of beauty care; 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. 2663, Requiring at least one commissioner be present before a hearing may be conducted on public utility matters; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2708, Removing a twelve-month limitation for certain agreements between or among law- enforcement agencies; 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. 2757, Providing for evaluation of professional personnel in the public schools; on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill was advanced to third reading with an amendment pending, and the rule was suspended to permit the offering and consideration of the amendment on that reading.
Com. Sub. for H. B. 2787, Transferring licensure for private security services from the Secretary of State to the Division of Criminal Justice Services; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
H. B. 2871, Relating to brownfield economic development districts; on second reading, coming up in regular order, was read a second time.
On motion of Delegates Manchin, Lawrence and Doyle, the bill was amended on page three, line thirty-one, by striking out subdivision (8) in its entirety and inserting in lieu thereof the following:
"(8) An application for a brownfield economic development district may not be approved unless the district conforms to a county's or municipality's planning and zoning laws established pursuant to the provisions of article seven, eight and nine, of chapter eight-a of this code."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 2936, Changing the date of the canvassing of votes in a primary election; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading

Com. Sub. for H. B. 2693, Requiring insurance coverage for autism spectrum disorders; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate C. Miller.
Remarks of Members

Delegate Hunt addressed the House regarding the effect of autism care on insurance premiums and at the conclusion of his remarks, Delegate Fleischauer asked and obtained unanimous consent that they be included in the Appendix to the Journal.
At 11:46 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 9, 2011.