Tuesday, March 15, 2011


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

The House of Delegates met at 4:00 p.m., and was called to order by the Honorable Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The roll being called (Roll No. 481), and 86 members having answered to their names, the Speaker declared the presence of a quorum.
The Clerk proceeded to read the Journal of Monday, March 14, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Committee on Enrolled Bills has examined, found truly enrolled and, on the 15th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. 60), Relating to certain supervisory duties of circuit probation officers,
(Com. Sub. for S. B. 61), Relating generally to juvenile drug courts,
(Com. Sub. for S. B. 256), Requiring sex offenders verify e-mail and online identities,
(S. B. 358), Authorizing electronic registration of wildlife,
(S. B. 392), Changing definition of "accredited thoroughbred horse",
(S. B. 486), Creating WVU-Tech Revitalization Project,
(Com. Sub. for S. B. 582), Relating to seals of notaries and commissioners,
(Com. Sub. for H. B. 2522), Relating to nursing home administrative appeals,
(Com. Sub. for H. B. 2586), Authorizing the Department of Transportation to promulgate legislative rules,
(H. B. 2648), Increasing the faculty senate allotment for classroom teachers and librarians,
(H. B. 2697), Updating the recordkeeping requirements of municipalities,
(Com. Sub. for H. B. 2766), Relating to contribution rate for the Deputy Sheriff Retirement System,
(H. B. 2935), Repealing an outdated article of election code relating to voting systems,
(Com. Sub. for H. B. 2939), Clarifying the definition of compensation for purposes of calculating required contributions to the public employees retirement system,
(H. B. 2990), Changing the renewal of Racing Commission-issued occupational permits,
(H. B. 3114), Allowing the development and operation of a nursing home on the grounds of a critical access hospital meeting certain restrictions.

Messages from the Executive

State of West Virginia




By the Governor

Whereas, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
Whereas, Article VI, Section 22 of the Constitution of West Virginia provides that this session of the Legislature not exceed sixty calendar days computed from and including the second Wednesday of January; and
Whereas, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2011 regular session of the Legislature was to conclude on March 12, 2011; and
Whereas, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
Whereas, Subsection D of said section requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session; and
Whereas, The Governor issued a proclamation on March 9, 2011, extending the 2011 regular session of the Legislature for consideration of the Budget Bill through March 15, 2011; and
Now, Therefore, I, Earl Ray Tomblin, by virtue of the authority vested in me as the Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, amending the Proclamation of March 9, 2011, by extending this regular session of the Legislature for consideration of the Budget Bill for and additional period not to exceed three days, though Friday, March 18, 2011; but no matters other than the Budget Bill and a provision for the cost of said extended session shall be considered during this extension of the session.
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 fifteenth day of March, in the year of our Lord, Two Thousand and Eleven, and in the One Hundred Forty- Eighth year of the State.
By the Governor:
Natalie E. Tennant
Secretary of State.

Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates D. Campbell, Cann, Craig, Crosier, Ellem, Ellington, Hamilton, Hartman, Ireland, Manchin, Michael, Pasdon, L. Phillips and Sigler.
At 4:15 p.m., the House of Delegates adjourned until 12:00 noon, Wednesday, March 16, 2011.