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Tuesday, February 15, 2011

THIRTY-FIFTH DAY

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



The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, February 14, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 3034, Recognizing outstanding students who are top achievers in scholastic studies,
H. B. 3077, Allowing county board of education members to receive additional compensation for attending training sessions,
And,
H. B. 3068, Creating the WVU-Tech Revitalization Project,
And reports the same back with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 3034, H. B. 3077 and H. B. 3068) were each 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. 2885, Allowing a guardian or conservator to be employed or in an employment contract with a behavioral health provider,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2885 - "A Bill to amend and reenact §44A-1-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §44A-1-15, all relating to the eligibility of guardians or conservators to be hired to provide care to a protected person through employment with a behavioral health provider in certain circumstances,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2567, 2595, 2596, 2625, 2626, 2627, 2628 and 2629, Authorizing the Department of Commerce to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2626 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Workforce West Virginia to promulgate a legislative rule related to the employer violator system, (96 CSR 3); authorizing the Division of Natural Resources to promulgate legislative rules relating to special motorboating regulations, (58 CSR 27), prohibitions when hunting and trapping, (58 CSR 47), and general hunting, (58 CSR 49); authorizing the Division of Labor to promulgate legislative rules relating to the Elevator Safety Act, (42 CSR 21), supervision of elevator mechanics and apprentices, (42 CSR 21A), the Crane Operator Certification Act, (42 CSR 24), and the Crane Operator Certification Act - practical examination, (42 CSR 25),"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2586, 2587, 2603, 2619 and 2647, Authorizing the Department of Transportation to promulgate legislative rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2586 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Commissioner of Highways to promulgate legislative rules relating to the use of state road rights of way and adjacent areas (157 CSR 6) the transportation of hazardous wastes upon the roads and highways (157 CSR 7), and Community Empowerment Transportation Act Program (157 CSR 10); authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the Motor Vehicle Inspection Manual (91 CSR 12); and authorizing the Department of Transportation - State Rail Authority to promulgate a legislative rule relating to the valuation of used rolling stock and equipment (172 CSR 2),"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3007, Providing retention salary increases for the Division of Corrections and the Division of Juvenile Services employees,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3007) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 3061, Creating a volunteer certification so that a health or mental health professional may provide volunteer services in this state without having to have a license issued by this state,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 3061) was referred to the Committee on Government Organization.
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. 3075, Increasing the time period in the hold-harmless provision when distributing state aid to local health departments,
And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 3075) was referred to the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2946, Requiring the issuance of a lawful prescription for dispensing drug products containing chemical precursors of methamphetamine,
And reports the same back with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2946) was referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
H. B. 2918, Relating to permanent business registrations,
S. B. 205, Updating certain terms in Corporation Net Income Tax Act,
S. B. 215, Updating certain terms in Personal Income Tax Act,
And,
S. B. 254, Making supplementary appropriation of federal funds to Development Office and Division of Human Services,
And reports the same back with the recommendation that they each do pass.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
H. B. 2557, Extending the time for the Board of Education of Upshur County to meet as a levying body.
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. 222 - "A Bill to amend and reenact §8-22A-12 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Municipal Police Officers and Firefighters Retirement System; and ensuring the continued qualification of the system under federal tax laws by adopting an amendment to the system required by Section 824 of the Pension Protection Act of 2006 (P.L109- 280) permitting direct rollovers to Roth IRAs"; which was referred to the Committee on Pensions and Retirement then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage, and requested the concurrence of the House of Delegates in the passage, of
S. B. 239 - "A Bill to amend and reenact §18B-18A-9 of the Code of West Virginia, 1931, as amended, relating to higher education-directed research endowments; extending the date upon which moneys must be deposited into research endowments operated by participating institutions; and altering the time "; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2011, and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 280 - " A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended, all relating to changing certain deadlines associated with the termination, resignation and transfer of school personnel and rehiring of probationary employees."; which was referred to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect September 1, 2011, and request the concurrence of the House of Delegates in the passage, of
S. B. 337 - "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; and modifying fines"; which was referred to the Committee on Roads and Transportation then the Judiciary.
Resolutions Introduced

Delegates T. Campbell and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 71 - "Requesting the Joint Committee on Government and Finance study the feasibility of establishing a system of issuing all licenses, certificates or permits, required for business entities in the state, from a single location."
Whereas, Businesses are an integral part of the state's economy; and
Whereas, The establishment of a single location where businesses can acquire licenses, certificates or permits be composed of the Division of Unemployment Compensation, Division of Employment Service, Division of Workforce Development, Division of Research, Information and Analysis; and any other state agencies that are necessary would be advantageous; and
Whereas, One establishment would increase convenience and should be located at a Workforce West Virginia or regional facility to be created; and
Whereas, One establishment to acquire licenses, certificates or permits would encourage and facilitate the creation of new business; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of creating one establishment and system of issuing all licenses, certificates or permits, required for business entities in the state, from a single location; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegates T. Campbell and Canterbury offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 72 - "Designating 'My Home Among the Hills' by E. W. James and 'Country Roads' by John Denver, official state songs."
Whereas, Prior to the year 2011, "The West Virginia Hills," "This is My West Virginia," and "West Virginia, My Home Sweet Home" were the official state songs; and
Whereas, State songs have not been updated since last adopted in 1963; and
Whereas, It is deemed desirable to add "My Home Among the Hills" and "Country Roads" as official state songs; and
Whereas, "My Home Among the Hills" and "Country Roads" are regarded as admirably suited for such purpose; and
Whereas, "My Home Among the Hills" and "Country Roads" describe the distinctive landscape of the state; and
Whereas, "My Home Among the Hills" and "Country Roads" are considered unofficial state songs and should be made official; therefore, be it
Resolved by the Legislature of West Virginia:
That "My Home Among the Hills" by E. W. James and "Country Roads" by John Denver be designated official state songs; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Governor.
Delegates Shaver, Barker, Kominar, Varner, Williams, Butcher, Walker, Carmichael, Andes, Perry and M. Poling offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 73 - "Urging the U.S. Environmental Protection Agency to reconsider its January 13, 2011, action to veto the permit issued by the U.S. Army Corps of Engineers for the Spruce Mine in Logan County, West Virginia."
Whereas, The Senate, during the 2010 Regular Legislative Session, expressed its will by adopting SCR No. 61 urging the EPA not to veto the Spruce Mine Permit; and
Whereas, The House, during the 2010 Regular Legislative Session, adopted H. C. R. 111 which further enunciated the intent of the Legislature with respect to West Virginia's "narrative water quality standards" and upon such, urged EPA to recognize Congressional Intent as enacted in the Federal Water Pollution Control Act whereby Congress declared that "it is the policy of Congress to recognize, preserve and protect the primary responsibilities and rights of states to prevent, reduce, and eliminate pollution, to plan the development and use of land and water resources...."; and
Whereas, The Legislature, found the U.S. Army Corps of Engineers issued a permit to the Spruce Mine in Logan County, West Virginia after years of intensive review, including the conclusion of a full environmental impact statement; and
Whereas, In the course of its deliberations regarding the Spruce Mine, the U.S. Environmental Protection Agency has raised concerns regarding water quality; and
Whereas, Interpretations and implementation of West Virginia's water quality standards is also the responsibility of the West Virginia Legislature and the West Virginia Department of Environmental Protection, who has previously determined that the Spruce Mine complies with the water quality standards, including the narrative standards approved by the Legislature and implemented by the West Virginia Department of Environmental Protection; and
Whereas, The permit has been in place for three years and has become operational and employees have been hired; and
Whereas, EPA has heretofore announced its intentions of vetoing the Spruce Mine permit and advanced proceedings to carry through with its veto intentions during 2010 in apparent disregard for the rights invested in West Virginia by Congressional Acts to also regulate water quality and in disregard for the State's water quality standards found to strike a healthy balance between high environmental quality and economic growth opportunities; and
Whereas, The EPA in its veto has failed to provide guidance on correcting the Spruce Mine permit; and
Whereas, The permit veto issued by the U.S. Environmental Protection Agency will certainly result in the loss of jobs and investments at Spruce Mine Company in Logan County, West Virginia and will have a major impact, not only to Logan County, West Virginia, but will further impact the financial stability of the State of West Virginia in an unstable economy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the U.S. Environmental Protection Agency to reconsider the permit veto for the Spruce Mine in Logan County, West Virginia, based on its recognition of the comprehensive nature of West Virginia water quality standards; and, be it
Further Resolved, That the Legislature urges the EPA to provide clear and concise guidance to Spruce Mine on how to correct its permit; and, be it
Further Resolved, That the Legislature expresses the sentiment that mining in West Virginia can be done safely, efficiently and profitably while protecting the water quality of the State; and, be it
Further Resolved, That the Legislature as a body takes the lead in facilitating a multi-state response to provide a stronger, more cohesive and coordinated voice on matters involving EPA and national coal and energy issues; and, be it
Further Resolved, That the Clerk of the House forward a copy of this resolution to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the U.S. Council of Environmental Quality, the members of the West Virginia Delegation to the Congress of the United States and the President of the United States.
Delegates Evans, Anderson, Andes, Armstead, Ashley, Azinger, Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Ellem, Ellington, Ennis, Ferns, Ferro, Fleischauer, Givens, Guthrie, Hall, Hartman, Hatfield, Howell, Ireland, Jones, Kominar, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Moore, Morgan, Moye, Nelson, O'Neal, Pardon, Paxton, Perdue, Pethtel, L. Phillips, R. Phillips, Pino, Poore, Reynolds, Rodighiero, Romine, Rowan, Shaver, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Wells, White and Williams offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 74 - "Requesting the Division of Highways to name the bridge located in Dorcas, Grant County, West Virginia, on Route 9, bridge number 12-9-10.30, the 'Larkin Ours Memorial Bridge' after former Delegate Larkin B. Ours."
Whereas, Larkin Bond Ours was born April 4, 1917, in Grant County, West Virginia, to the late George E. and Sallie B. Ours; and
Whereas, Larkin B. Ours was raised in Grant County and educated in the public schools; and
Whereas, On April 4, 1937, he married the former Helen V. Keller and together they had one daughter, Sally Ann; and
Whereas, Delegate Ours also has two grandchildren and six great-grandchildren; and
Whereas, Delegate Ours, who resided at Dorcas in Grant County, served his State with honor and distinction in this legislative body to which he was first elected from Grant County in 1954 and thereafter reelected from Grant County in 1956, 1958, 1960, 1962, and from the Second Delegate District comprised of Grant and Tucker Counties in 1964, 1966, 1968, 1970, 1972 and 1974; and
Whereas, During his service in the House of Delegates, Larkin B. Ours served on the Committees on Agriculture and Natural Resources, Finance, Redistricting, Rules and the Joint Committee on Government and Finance, and, further, he was acknowledged and recognized for his expertise on the state budget in general and the school aid formula in particular; and
Whereas, Delegate Ours was a Baptist and a Mason and served as a member of the Grant County, West Virginia, and American Hereford Breeders Association; West Virginia Poultry Association; Grant County Rod and Gun Club; Petersburg Industrial Development Corporation; Visiting Committee Appalachian Center, West Virginia University; and, the Commission on Aging; and
Whereas, He was a former Director of the Southern States Cooperative and a former President of the Grant County Farm Bureau; and
Whereas, Delegate Ours departed this earthly life on December 2, 2005, at the age of eighty- eight and his contributions to the state and this Legislature 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 bridge located in Dorcas, Grant County, West Virginia, on Route 9, bridge number 12-9-10.30, the "Larkin Ours 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 "Larkin Ours Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare certified copies of this resolution for the surviving family members of Larkin B. Ours.
Delegates Perdue, Moye, Hatfield, Hartman, Guthrie, Marshall, Barill, Ferns, Shaver, Brown, Martin, Manypenny and Ellem offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 75 - "Urging the Governor of Florida and the Florida State Senate Legislature not to repeal Florida's prescription tracking system."
Whereas, West Virginia has a prescription drug abuse problem; and
Whereas, Even with West Virginia's drug monitoring system, which tracks controlled substances purchased to attempt to reduce the misuse of prescription drugs, drug dealers have found an alternative route for obtaining prescription medications; and
Whereas, This is being done by taking "patients" to Florida where pain clinics prescribe huge amounts of powerful prescription medications with little or no regard to likely diversion and misuse; and
Whereas, West Virginians concerned about prescription drug problems and West Virginia law enforcement officials were heartened when Florida passed drug tracking legislation and applauded Florida's enlightened decision; and
Whereas, Media outlets have recently been reporting that the Governor of Florida and the Florida State Legislature are proposing to eliminate the drug tracking system as a cost cutting measure in Florida's proposed budget; and
Whereas, This "efficiency" will have a devastating effect on the misuse of prescription drugs in Florida, in West Virginia, and in other states as well; and
Whereas, The West Virginia Legislature, having concern for thousands of already addicted persons and thousands more potentially addicted persons asks: "Is it worth the cost of creating new drug addicts and the cost of treating these drug addicted persons and the cost of incarcerating drug dealers to save a reported $500,000?"; and
Whereas, The West Virginia Legislature finds that the costs of health care, drug treatment and incarceration will far outweigh the savings, both in Florida and West Virginia; therefore, be it
Resolved by the House of Delegates
That the West Virginia Legislature urges Governor Rick Scott, State President Mike Haridopolos, Speaker Dean Cannon and the Florida State Legislature not to repeal the Florida drug tracking system in the interest of present and future prescription drug addicted persons; and, be it
Further Resolved
, That the Clerk of the House of Delegates is directed to send copies of this Resolution to Florida Governor Rick Scott, State Capitol Building, 400 South Monroe Street, Tallahassee, Florida 32399-0001; Florida Senate President Mike Haridopolos, 404 State Capitol Building South Monroe Street, Tallahassee, Florida 32399-1100; and Florida House Speaker Dean Cannon, 420 State Capitol Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as follows:
By Delegates Overington, Ellington, Barker, R. Phillips, Sobonya, C. Miller, Armstead,
Walters, Storch, Gearheart and Signer:
H. J. R. 38 - "Proposing an amendment to the Constitution of the State of West Virginia, amending article VIII thereof, by adding thereto a new section, designated section 16, relating to imposition of capital punishment; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.
Delegates Overington, Fleischauer, Miley and White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 22 - "Amending Rule 94 of the Rules of the House of Delegates, relating to increasing the allowable number of sponsors of a bill."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by amending Rule 94 of the Rules of the House of Delegates as follows:
Joint Sponsors of Bill
94. A bill may be introduced bearing the names of not more than eleven twenty-five members as joint sponsors of the bill.
Petitions

Delegates Overington, Householder, Duke and J. Miller presented a petition on behalf of their constituents from the Eastern Panhandle, in support of capital punishment; which was referred to the Committee on the Judiciary.
Motions

Still being in possession of the Clerk, at the request of Delegate Boggs, and by unanimous consent, the House proceeded to further consideration of H. B. 2935, Repealing an outdated article of election code relating to voting systems.
On motion of Delegate Boggs, the House of Delegates reconsidered its action in the adoption of a title amendment to the bill on yesterday.
At the request of Delegate Miley, and by unanimous consent, the title amendment was then withdrawn.
On motion of Delegate Boggs, the House of Delegates then reconsidered its vote on the passage of the bill.
At the request of Delegate Boggs, and by unanimous consent, the House reconsidered its vote on the amendments as adopted on third reading of the bill on yesterday.
At the request of Delegate Miley, and by unanimous consent, the amendment was then withdrawn.
Having been engrossed, the bill was then read a third time.
The question again being on the passage of the bill, the yeas and nays were taken (Roll No. 87), 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: D. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2935) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Boggs, Smith, Hatfield, Storch, Fleischauer, Manchin, Longstreth, Sumner and Poore:

H. B. 3126 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-16, relating to railroad companies; requiring a railroad company to provide pesticide safety information at a central location accessible to employees of the railroad company and to the public and local communities along the right-of-way treated by pesticide use; and requiring a railroad company to provide pesticide safety training annually to its employees who work along railroad rights,of,way and in rail yards"; to the Committee on Roads and Transportation then the Judiciary.
By Delegate Frazier:

H. B. 3127 - "A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to increasing the fees charged by the clerk of the circuit court for medical professional liability actions"; to the Committee on the Judiciary then Finance.
By Delegate Frazier:

H. B. 3128 - "A Bill to amend and reenact §61-11-25 of the Code of West Virginia, 1931, as amended, relating to filing a civil petition for expungement of records relating to an arrest or charges relating to the arrest when found not guilty of the offense or charges have been dismissed"; to the Committee on the Judiciary.
By Delegates Manypenny, Doyle, Staggers, Brown, Fleischauer, Talbott, Kominar and Barker:

H. B. 3129 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2G-1 and §24-2G-2, all relating to the creation and implementation of a fund to encourage the development and use of renewable forms of energy and energy efficiency programs, projects and enterprises"; to the Committee on Government Organization then Finance.
By Delegates M. Poling and Paxton

[By Request of the Department of Education]:
H. B. 3130 - "A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931, as amended, relating to removing the dollar cap on the funding formula for Regional Education Service Agencies"; to the Committee on Education then Finance.
By Delegate Manypenny:

H. B. 3131 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-3f, relating to imposing a ten-year moratorium on severance taxes on the extracting and recovering material from refuse, slurry, gob piles or other sources of waste coal to produce energy"; to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Finance.
By Delegate Frazier:

H. B. 3132 - "A Bill to amend and reenact §52-1-9 of the Code of West Virginia, 1931, as amended, relating to requiring a judge's permission before a juror's information can be released"; to the Committee on the Judiciary.
By Delegates Brown, Moore, Frazier, Miley, Poore and Fleischauer:

H. B. 3133 - "A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to the statute of limitations in child support cases"; to the Committee on the Judiciary.
By Delegates Brown, Frazier, Moore, Miley, Poore and Fleischauer:

H. B. 3134 - "A Bill to amend and reenact §48-1-204, §48-1-244 and §48-1-302 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-14-408 and §48-14-410 of said code; and to amend and reenact §48-24-106 of said code, all relating to child support enforcement; lowering the accrued interest rate; requiring employers provide information to the Bureau for Child Support Enforcement; and making various technical corrections"; to the Committee on the Judiciary.
By Delegates Craig, Reynolds, Morgan and Andes:

H. B. 3135 - "A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended, relating to limiting the student to teacher ratio in kindergarten through sixth grades"; to the Committee on Education then Finance.
By Delegates Householder, Storch, White, Kominar, T. Campbell, Varner and Barill:

H. B. 3136 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to government construction contracts; and providing specifications for multiple prime contracts for certain public works projects"; to the Committee on Government Organization then the Judiciary.
By Delegate Kominar

[By Request of the Department of Commerce]:
H. B. 3137 - "A Bill to amend and reenact §21A-6A-1 of the Code of West Virginia, 1931, as amended, relating to circumstances giving rise to 'state "on" indicators' for purposes of extended unemployment compensation benefits"; to the Committee on the Judiciary then Finance.
By Delegates Caputo, Barker, Brown, Manypenny, Poore, Wells, Moore, Frazier, Longstreth, Hamilton and Ellem:

H. B. 3138 - "A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new article, designated §5A-3C-1, §5A-3C-2, §5A-3C-3 and §5A-3C-4, all relating to the Department of Administration; and providing for the disclosure of employment practices of companies who employ overseas workers"; to the Committee on Government Organization then the Judiciary.
By Delegates Staggers and Perry:

H. B. 3139 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-3-309, relating to prohibiting the prescription of oxycontin extended release or fontanel patches unless those items contain naloxone to be released only on alteration of the delivery vehicle; requiring those substances be directly prescribed by a licensed practitioner with Schedule II privileges and directly monitored by a licensed physician or nurse at least monthly; and providing penalties, including being a felony for a third offense"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Brown, Frazier, Moore, Miley, Poore and Fleischauer:

H. B. 3140 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-4A-1, §33-4A-2, §33-4A-3 and §33-4A-4, all relating to data matches with insurance providers for the purpose of establishing, modifying and enforcing child support, spousal support and medical support"; to the Committee on the Judiciary.
By Delegates Fleischauer, Martin, Miley, M. Poling, T. Campbell, Barill, Manypenny, Caputo, Manchin, Michael and Wells:

H. B. 3141 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8a, relating to requiring the Commissioner of Highways to require bonds be posted in connection with major construction, mineral extraction and industrial projects that impact the roads in the state; and granting rule-making authority"; to the Committee on Roads and Transportation then Finance.
By Delegates Manchin, Longstreth, Caputo, White, M. Poling, Miley and Barill:

H. B. 3142 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the allowable number of magistrate court deputy clerks by five"; to the Committee on the Judiciary then Finance.
By Delegates Pasdon, Hall, Craig, R. Phillips, Miley and Boggs:

H. B. 3143 - "A Bill to amend and reenact §19-20-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3E-6 of said code; all relating to penalties for causing injury or death to certain animals used by law enforcement or in law enforcement duties"; to the Committee on the Judiciary then Finance.
By Delegates Butcher, Paxton, Manchin, Stowers, Hall, R. Phillips, L. Phillips, Longstreth, Iaquinta, Rodighiero and Perdue:

H. B. 3144 - "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.
By Delegates Pethtel, Ennis, White and T. Campbell:

H. B. 3145 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to the Public Employees Retirement System and the State Teachers Retirement System; and providing for a one-time bonus payment for certain annuitants"; to the Committee on Pensions and Retirement then Finance.
By Delegates Householder, J. Miller and Gearheart:

H. B. 3146 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4 and §4-14-5, all relating to creating the Tea Party Act; making legislative findings; requiring spending cuts in state government and tax relief to taxpayers; requiring the spending cuts and half of any budget surplus to be deposited in a new account; requiring moneys in the account to be used to reduce taxes for all West Virginians; and establishing an effective date"; to the Committee on Finance.
By Delegates Miley, Hunt, Michael, Manchin, Kominar, Poore and Moore:

H. B. 3147 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to the salaries of supreme court justices, circuit court judges, family court judges and magistrates"; to the Committee on the Judiciary then Finance.
By Delegates Marshall, Barill, Fleischauer and Pasdon:

H. B. 3148 - "A Bill to amend and reenact §18B-5-4 of the Code of West Virginia, 1931, as amended, relating to higher education; general administration; and residency requirements for persons appointed as campus police officers"; to the Committee on Education then the Judiciary.
By Delegates Caputo, Barker, Brown, Manypenny, Poore, Wells, Moore, Frazier, Longstreth, Hamilton and Ellem:

H. B. 3149 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-3C-1, §5A-3C-2, §5A-3C-3 and §5A-3C-4, all relating to the Department of Administration; retention of jobs within the State of West Virginia; legislative findings; providing definitions; requiring state contracts and local contracts funded with state dollars to be performed within the United States; and providing civil penalties and enforcement provisions for failure to comply"; to the Committee on the Judiciary.
By Delegates Armstead, Ellem, Pasdon, Sobonya, C. Miller, Lane, Householder, Savilla, Nelson, O'Neal and Storch:

H. B. 3150 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9 and §51-1B-10, all relating to authorizing a new Court to be known as the Intermediate Court of Appeals and delineating the structure and duties of that court"; to the Committee on the Judiciary then Finance.
By Delegate Lane:

H. B. 3151 - "A Bill to amend and reenact §18-2E-2 of the Code of West Virginia, 1931, as amended, relating to requiring that national assessment of educational progress program tests be administered during the last week of the academic school year"; to the Committee on Education.
By Delegate Manypenny:

H. B. 3152 - "A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-28-3 of said code, all relating to permitting the West Virginia Educational Standards Test 2 to be one of the optional methods to annually assess the academic achievement levels of home schooled students and students in private, parochial and church schools; and providing rule-making authority"; to the Committee on Education then the Judiciary.
By Delegates Hunt, Hall, Hamilton, Williams, Boggs, O'Neal, Ferns, Sumner and Moore:

H. B. 3153 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting of certain public safety training courses from payment of consumer sales tax"; to the Committee on the Judiciary then Finance.
Special Calendar

Unfinished Business

The following resolutions, coming up in regular order, as unfinished business, were reported by the Clerk and adopted:
H. C. R. 2, The "James Paul Harrison WWII Memorial Bridge",
H. C. R. 31, The "Ranger Veteran's Memorial Bridge",
H. C. R. 39, The "Justin Frye Memorial Bridge",
And,
H. C. R. 42, The "PFC William A. Lawrence Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Second Reading

The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
H. B. 2164, Relating to public school support computation of local share,
Com. Sub. for H. B. 2533, Requiring the identities of signatories to a certificate for a person seeking ballot access to be made public and verified,
Com. Sub. for H. B. 2613, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules,
Com. Sub. for H. B. 2709, Allowing county school boards to enter into energy-saving contracts,
Com. Sub. for H. B. 2949, Providing definitions of "low income" for purposes of property tax relief programs,
Com. Sub. for H. B. 3021, Adding two new members to the Comprehensive Behavioral Health Commission,
Com. Sub. for H. B. 3028, Expanding the responsibilities of the Maternal Mortality Review Team,
H. B. 3115, Making a supplementary appropriation to the Department of Education -State Aid to Schools,
H. B. 3116, Relating to the authority of school curriculum teams and local school collaborative processes,
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 2555, Establishing the misdemeanor offense of operating a motor vehicle while sending, reading or receiving a text message,
Com. Sub. for H. B. 2882, Relating to the Commissioner's Assessment and Examination Fund,
And,
Com. Sub. for H. B. 2962, Increasing the amount of a fine or penalty the Commissioner of Banking may impose on residential mortgage brokers and lenders.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day was granted Delegate D. Poling.
At 11:50 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, February 16, 2011.