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House Journal


Day 60 (03-13-2010) - [PDF]
Day 59 (03-12-2010) - [PDF]
Day 56 (03-09-2010) - [PDF]
Day 58 (03-11-2010) - [PDF]
Day 57 (03-10-2010) - [PDF]
Day 55 (03-08-2010) - [PDF]
Day 52 (03-05-2010) - [PDF]
Day 50 (03-03-2010) - [PDF]
Day 48 (03-01-2010) - [PDF]
Day 45 (02-26-2010) - [PDF]
Day 44 (02-25-2010) - [PDF]
Day 43 (02-24-2010) - [PDF]
Day 42 (02-23-2010) - [PDF]
Day 41 (02-22-2010) - [PDF]
Day 38 (02-19-2010) - [PDF]
Day 37 (02-18-2010) - [PDF]
Day 36 (02-17-2010) - [PDF]
Day 35 (02-16-2010) - [PDF]
Day 34 (02-15-2010) - [PDF]
Day 30 (02-11-2010) - [PDF]
Day 29 (02-10-2010) - [PDF]
Day 28 (02-09-2010) - [PDF]
Day 27 (02-08-2010) - [PDF]
Day 24 (02-05-2010) - [PDF]
Day 23 (02-04-2010) - [PDF]
Day 22 (02-04-2010) - [PDF]
Day 21 (02-02-2010) - [PDF]
Day 20 (02-01-2010) - [PDF]
Day 17 (01-29-2010) - [PDF]
Day 16 (01-28-2010) - [PDF]
Day 15 (01-27-2010) - [PDF]
Day 14 (01-26-2010) - [PDF]
Day 13 (01-25-2010) - [PDF]
Day 10 (01-22-2010) - [PDF]
Day 09 (01-21-2010) - [PDF]
Day 07 (01-19-2010) - [PDF]
Day 06 (01-18-2010) - [PDF]
Day 03 (01-15-2010) - [PDF]
Day 02 (01-14-2010) - [PDF]
Day 01 (01-13-2010) - [PDF]
hdj2010-03-08-55


__________*__________




Monday, March 8, 2010

FIFTY-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 Friday, March 5, 2010, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 38, The "Ralph L. Dawson Memorial Bridge",
H. C. R. 72, The "Glenn Holton Memorial Bridge",
H. C. R. 80, Requesting the Joint Committee on Government and Finance to conduct a study on the need for setting standards for assignment of school athletic directors,
H. C. R. 82, The "P.F.C. Daniel F. Tallman Memorial Bridge",
H. C. R. 83, The "Carmel M. Johnson Memorial Bridge",
S. C. R. 21, Requesting DOH name bridge in Kanawha County "Private First Class Charles M. Conner Memorial Bridge",
S. C. R. 24, Requesting DOH name bridge in Boone County "Private First Class Edward C. Miller Memorial Bridge",
S. C. R. 26, Requesting DOH name bridge in Kanawha County "Private First Class Vernon L. Dillard Memorial Bridge",
S. C. R. 30, Requesting DOH name bridge in Wyoming County "Hubert Cline Memorial Bridge",
S. C. R. 35, Requesting DOH name bridge in Mingo County "Virgil and Marcella Faye Marcum Memorial Bridge",
And,
S. C. R. 36, Requesting DOH name bridge in Boone County "Kevin Lee Ball Memorial Bridge",
And reports the same back with the recommendation that they each do be adopted.
Chairman Wells, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 5th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. 477), Creating centralized filing system for legislative reports.
On motions for leave, resolutions were introduced (Originating in the Committee on Government Organization and reported with the recommendation that they each be adopted), which were read by their titles, as follows:
By Delegates Morgan, Stephens, Butcher, Cann, Givens, Hall, Hartman, Hatfield, Manypenny, Martin, D. Poling, Poore, Staggers, Talbott, T. Walker, Azinger, Cowles, McGeehan, C. Miller, J. Miller, Porter, and Rowan:

H. C. R. 91 - "Requesting that the Joint Committee on Government and Finance authorize a study of the authority and structure of professional and occupational licensing boards."
Whereas, The West Virginia Legislature is committed to protecting the public through the establishment of professional and occupational licensing boards and by periodically reviewing the performance of the regulatory boards; and
Whereas, Various performance audits of the licensing boards have alerted the Legislature to issues of policy which could be developed to further enhance the protection of the public; and
Whereas, Legislative review is necessary to clarify policy issues which are common to all professional and occupational licensing boards; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the authority and structure of professional regulatory boards; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 92 - "Requesting that the Joint Committee on Government and Finance authorize a study of the advisability and feasibility of the creation of an administrative unit of state government to assist professional licensing boards."
Whereas, Professional licensure boards are created to protect the public; and
Whereas, Other states have created offices or divisions of state government to provide administrative and other assistance to professional licensing boards; and
Whereas, The administration of certain boards by one central office could decrease professional and occupational license fees and provide a more efficient structure for the boards' functions; and
Whereas, A central office could provide the professional licensing boards with coordination of clerical, legal and other assistance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to authorize a study of advisability and feasibility of the creation of an umbrella board to administer professional licensure boards; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 93 - "Requesting that the Joint Committee on Government and Finance authorize a study of the Board of Examiners of Psychologists and the scope of practice of psychologists and school psychologists."
Whereas, The Board of Examiners of Psychologists licenses more than 580 professionals; and
Whereas, Changes have occurred in the practice of psychology that have not been incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the Board of Examiners of Psychologists and the practice of psychology and school psychology should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the Board of Examiners of Psychologists and the scope of practice of psychologists and school psychologists; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 94 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Examiners for Speech-Language Pathology and Audiology."
Whereas, The Board regulating the profession of Speech-language Pathology and Audiology licenses over 700 speech-language pathologists and audiologists; and
Whereas, Changes have occurred in the practice of these professions that have not been incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Examiners for Speech-language Pathology and Audiology should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Examiners for Speech-language Pathology and Audiology; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 95 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Medicine."
Whereas, Changes have occurred in the practice of medicine that have not been incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Medicine should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing the profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Medicine; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 96 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Hearing Aid Dealers and Fitters."
Whereas, Changes have occurred in the practice of the profession of hearing aid dealers and fitters that have not been incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Hearing Aid Dealers and Fitters should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing the profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Hearing Aid Dealers and Fitters; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 97 - "Requesting that the Joint Committee on Government and Finance authorize a study of the policies and procedures for awarding vendor preferences in state purchasing contracts."
Whereas, The establishment of consistent policies and procedures for the contracting for commodities and services is necessary for the smooth operation of the various agencies in state government; and
Whereas, Certain consideration is given to persons and businesses that are located in this state or that employ residents of this state; and
Whereas, The Legislature recognizes the need to determine whether current vendor preferences result in the accomplishment of the goals set forth by the Legislature in enacting the vendor preferences; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the policies and procedures for awarding vendor preferences in state purchasing contracts; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, 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 the study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
H. C. R. 98 - "Requesting that the Joint Committee on Government and Finance authorize a study of the powers and duties regarding real estate acquisition and services for real estate held by the State of West Virginia."
Whereas, The Public Land Corporation was established by an act of the Legislature in 1989, and was charged with holding title to all public lands within the State of West Virginia; and
Whereas, The Real Estate Division within the Department of Administration was established by an act of the Legislature in 2007, and was charged with providing leasing, appraisal and other real estate services to the Secretary of the Department of Administration; and
Whereas, Various legislative proposals have been introduced that would expand the powers of the Real Estate Division both as to the powers now held by the Public Land Corporation and as to the units of government over which the Department of Administration now has jurisdiction; and
Whereas, The Legislature recognizes the need to give careful consideration to the powers given to the various units of government and to which units of government that certain laws should apply; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the powers and duties regarding real estate acquisition and services for real estate held by the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
H. C. R. 99 - "Requesting that the Joint Committee on Government and Finance authorize a study of the powers and duties of the Division of Criminal Justice Services within the Department of Military Affairs and Public Safety."
Whereas, The Division of Criminal Justice Services exists within the Department of Military Affairs and Public Safety but was not created by statute; and
Whereas, The Division of Criminal Justice Services describes its duties as assisting in the protection of the citizens of West Virginia through research and statistics; planning and coordination of services; training and certification of law enforcement officers; program development and implementation; and administration of grant funded programs emphasizing safety, prevention, coordination and the general enhancement of the criminal justice system as a whole; and
Whereas, The Legislature recognizes the need to give careful consideration to the powers and duties statutorily granted to the various units of government; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the powers and duties of the Division of Criminal Justice Services within the Department of Military Affairs and Public Safety; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative 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.
H. C. R. 100 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Occupational, Safety and Health Act for public employees."
Whereas, The Legislature enacted Chapter 21, Article 3A of the West Virginia Code in 1987 and the law has not been modified to incorporate modern technologies and related changes in occupational safety practices; and
Whereas, According to a 2002 Legislative Audit, the West Virginia Occupational Safety and Health Act has never been properly implemented or enforced; and
Whereas, Implementation and enforcement of the West Virginia Occupational Safety and Health Act may provide access to certain federal matching funds for state implementation and enforcement of Occupational Safety and Health Act standards for public employees; and
Whereas, The Legislature is committed to ensuring that all employees of the state have a safe workplace, and implementation and enforcement of the West Virginia Occupational Safety and Health Act would further that priority; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Occupational, Safety and Health Act for public employees; and, be it
Further Resolved, That the Legislative Auditor, the Division of Labor and other agencies that the Joint Committee on Government and Finance determines may be able to offer expertise and advice on the development of and implementation of occupational, safety and health standards, shall be directed to participate in this study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature in 2011 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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
.
And,
H. C. R. 101 - "Requesting that the Joint Committee on Government and Finance authorize a study of the law governing the West Virginia Board of Dental Examiners."
Whereas, Changes have occurred in the practice of dentistry that have not been incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Dental Examiners should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing the profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a study of the law governing the West Virginia Board of Dental Examiners; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolutions (H. C. R. 91, H. C. R. 92, H. C. R. 93, H. C. R. 94, H. C. R. 95, H. C. R. 96, H. C. R. 97, H. C. R. 98, H. C. R. 99, H. C. R. 100 and H. C. R. 101) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Energy, Industry and Labor, Economic Development and Small Business and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Kominar, Barker, Brown, Butcher, Caputo, Fleischauer, Guthrie, Klempa, Manypenny, Martin, Paxton, Andes, Hamilton, C. Miller, Schoen, Shott, Sobonya:

H. C. R. 102 - "Requesting the Joint Committee on Government and Finance study the issues relating to creating a matching grant pilot program to foster the implementation of innovative planning strategies to develop and expand communities that can maximize emerging economic opportunities and environmental challenges and thrive in the twenty-first century."
Whereas, The development and enhancement of communities in West Virginia with the ability to thrive in the face of the economic and environmental challenges of the twenty-first century will make for a stronger West Virginia by creating jobs, attracting new professions, and developing additional sources of capital; and
Whereas, The public policy of the state may be served through a matching grant pilot program designed to foster innovative planning to enhance communities with key foundations of economic and environmental sustainability; and
Whereas, Such foundations include providing access to technological advances among citizens, business, nonprofit entities, and governmental entities; developing community centers, arts, historical, cultural and recreational facilities; providing aesthetic improvements to existing communities and infrastructure; fostering academic innovation in kindergarten through twelfth- grade and lifelong learning programs; fostering the development of diversity and inclusiveness programs that help bridge ethnic, socioeconomic, historical and cultural divides; and fostering the development of renewable and alternative energy sources; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the issues relating to creating a matching grant pilot program to foster the implementation of innovative planning strategies to develop and expand communities that can maximize emerging economic opportunities and environmental challenges and thrive in the twenty-first century; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, two thousand eleven, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 102) to the Committee on Rules.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
Com. Sub. for S. B. 507, Creating WV Innovative Mine Safety Technology Tax Credit Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 507) 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:
Com. Sub. for S. B. 471, Increasing circuit clerks' copying charge,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 S. B. 471) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
S. B. 627, Increasing civil and criminal penalties for littering,
And reports the same back with the recommendation that it 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 (S. B. 627) to the Committee on Finance was abrogated.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 38, Creating WV Servicemembers Civil Relief Act,
Com. Sub. for S. B. 291, Authorizing Department of Transportation promulgate legislative rules,
Com. Sub. for S. B. 457, Repealing certain outdated code sections and eliminating penalties for displaying certain flags,
And,
Com. Sub. for S. B. 498, Updating language relating to adult social services,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 218, Providing for early parole eligibility for certain inmates,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 S. B. 218) to the Committee on Finance was abrogated.
Messages from the Executive

The Speaker laid before the House of Delegates, communications from His Excellency, the Governor, detailing recommended adjustments and revisions to the 2011 Budget and a listing of 2008-2009 Annual Reports which were received in the Governor's Office, as follows:

STATE OF WEST VIRGINIA

Joe Manchin, III

Governor


March 5, 2010


The Honorable Earl Ray Tomblin, President
Senate of West Virginia
State Capitol
Building 1, Room 465-M
Charleston, West Virginia 25305

The Honorable Richard Thompson, Speaker
West Virginia House of Delegates
State Capitol
Building 1, Room 462-M
Charleston, West Virginia 25305

Dear President Tomblin and Speaker Thompson:

After submission of my recommended FY 2011 Executive Budget on January 13, 2010, there have been a few areas that require adjustments and, therefore, I would like to provide you with several recommended revisions to the TITLE II - APPROPRIATIONS:

Section 1. Appropriations from general revenue.


Please use the attached spreadsheet to adjust the original recommended increases for the employer contribution to the Public Employees Retirement System (PERS) that were included in General Revenue funds. This change represents a $14,986,603 reduction in General Revenue appropriations for FY 2011.

Department of Commerce

Division of Natural Resources, Fund 0265, Fiscal Year 2011, Org 0310
(To provide for the Pay Equity Reserve allocation in January 2010.)

  1. Increase "Personal Services," Activity 001 by $3,561

  • Increase "Employee Benefits," Activity 010 by $712


  • Department of Education

    State Department of Education - State Aid to Schools, Fund 0317, Fiscal Year 2011, Org 0402
    (To adjust appropriation to maximize use of the Federal Economic Stimulus for Education Stabilization.)

    1. Decrease "Professional Educators," Activity 151 by $711,148


    (To adjust appropriation due to increase in Local Share calculations.)
    1. Increase "Improved Instructional Programs," Activity 156 by $1,315,383

    2. Increase "21st Century Strategic Technology Learning Growth," Activity 936 by $1,315,383


    (To adjust Local Share to actual need based on March 3, 2010 calculations.)

    1. Increase "Less Local Share," line $10,580,951 from ($371,636,040) to ($382,216,991)


    (To adjust the appropriation to the January 13, 2010 actuarial estimation for TRS.)
    1. Increase "Teachers' Retirement System," Activity 019 by $1,412,000

    2. Increase "Retirement Systems - Unfunded Liability," Activity 775 by $22,469,284


    Department of Health and Human Resources

    Division of Health and Human Resources - Office of the Secretary, Fund 0400, Fiscal Year 2011, Org 0501
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Unclassified," Activity 099 by $56


    Division of Health - Central Office, Fund 0407, Fiscal Year 2011, Org 0506
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Personal Services," Activity 001 by $807

  • Increase "Employee Benefits," Activity 010 by $155


  • (To reduce the allocation due to the payoff of the Tug River Health Association mortgage in FY 2010.)

    1. Decrease "Primary Care Centers - Mortgage Finance," Activity 413 by $28,500

    2. Remove from language "$28,500 for the mortgage payment for the Tug River Health Association, Inc.";



    1. Consolidated Medical Service Fund, Fund 0525, Fiscal Year 2011, Org 0506

    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Institutional Facilities Operations," Activity 335 by $54,836


    Division of Human Services, Fund 0403, Fiscal Year 2011, Org 0511
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Personal Services," Activity 001 by $103,474

  • Increase "Employee Benefits," Activity 010 by $20,693

  • Increase "James "Tiger" Morton Catastrophic Illness Fund," Activity 455 by $570

  • Increase "Child Protective Services Case Workers," Activity 468 by $56,307

  • Increase "OSCAR and RAPIDS," Activity 515 by $142

  • Increase "Child Welfare System," Activity 603 by $284


  • Department of Military Affairs and Public Safety

    Department of Military Affairs and Public Safety - Office of the Secretary, Fund 0430, Fiscal Year 2011, Org 0601

    (To establish the funding for the Academy Manager position in the Secretary's Office to oversee the correctional training academy at Glenville State College.)

    1. Increase "Unclassified," Activity 099 by $60,000


    Division of Homeland Security and Emergency Management, Fund 0443, Fiscal Year 2011, Org 0606
    (To restore funding to FY 2009 level due to increase in declared disasters.)
    1. Increase "Disaster Mitigation," Activity 952 by $50,000


    Division of Veterans' Affairs, Fund 0456, Fiscal Year 2011, Org 0613
    (To provide for the Pay Equity Reserve allocation in January 2010.)
    1. Increase "Veterans' Nursing Home," Activity 286 by $5,840


    (To restore funding to FY 2010 level.)
    1. Increase "Veterans' Grant Program," Activity 342 by $75,000


    (To restore funding to FY 2010 level.)
    1. Increase "Veterans' Transportation," Activity 485 by $100,000


    Division of Veterans' Affairs - Veterans' Home, Fund 0460, Fiscal Year 2011, Org 0618
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Personal Services," Activity 001 by $2,136

  • Increase "Employee Benefits," Activity 010 by $427


  • Division of Juvenile Services, Fund 0570, Fiscal Year 2011, Org 0621
    (To move funding for the Academy Manager position to the Secretary's Office.)
    1. Decrease "Central Office," Activity 701 by $60,000


    Department of Revenue

    State Budget Office, Fund 0595, Fiscal Year 2011, Org 0703
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Decrease "Pay Equity Reserve," Activity 364 by $250,000


    Department of Transportation

    State Rail Authority, Fund 0506, Fiscal Year 2011, Org 0804
    (To add reappropriation language for activity 099 (Unclassified) due to the winter weather causing delays on two projects.)

    1. Add (R) symbol at the end of activity name and the following reappropriation language: "Any unexpended balance remaining in the appropriation for Unclassified (fund 0506, activity 099) at the close of the fiscal year 2010 is hereby reappropriated for expenditure during the fiscal year 2011 with the exception of fund 0506, fiscal year 2010, activity 099 ($91,845), which shall expire on June 30, 2010."


    Section 2. Appropriations from state road fund.


    Department of Transportation

    Division of Highways, Fund 9017, Fiscal Year 2011, Org 0803
    (To add a new line item of appropriation related to a possible second distribution of American Recovery and Reinvestment Act federal funds for highway projects.)

    1. Add "Federal Economic Stimulus II," Activity 802 for $140,000,000


    Section 3. Appropriations from other funds.


    Department of Administration

    Department of Administration - Office of the Secretary Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2011, Org 0201
    (To adjust the spending authority due to a January 2010 actuarial estimation for TRS.)
    1. Increase "Unclassified - Total," Activity 096 by $4,872,000


    Section 4. Appropriations from lottery net profits.


    Please use the attached spreadsheet to adjust down the original recommended increases for the employer contribution to the Public Employees Retirement System (PERS) that were included in
    Lottery funds. This change represents a $228,257 reduction in Lottery appropriations for FY 2011.

    Section 5. Appropriations from state excess lottery revenue fund.


    Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2011, Org 0705
    (To adjust the appropriation due to a January 2010 actuarial estimation for TRS.)

    1. Increase "Teachers' Retirement Savings Realized," Activity 095 by $4,872,000


    State Department of Education, Fund 3517, Fiscal Year 2011, Org 0402
    (To adjust the appropriation to the January 13, 2010 actuarial estimation for TRS.)

    1. Decrease "Retirement Systems - Unfunded Liability," Activity 775 by $26,079,284


    Section 6. Appropriations of federal funds.


    Legislative

    Crime Victims Compensation Fund, Fund 8738, Fiscal Year 2011, Org 2300
    (To reflect an increase in spending authority based upon a increase in awards on behalf of victims of crime.)

    1. Increase "Unclassified - Total," Activity 096 by $1,336,801


    Executive
    Governor's Office - ARRA NTIA Broadband Infrastructure Grant Fund, Fund 8717, Fiscal Year 2011, Org 0100
    (Add a new fund and item of appropriation for the American Recovery and Reinvestment Act of 2009 related to West Virginia's award from the National Telecommunications and Information Administration (NTIA) for broadband infrastructure.)


    -Governor's Office-

    ARRA NTIA Broadband Infrastructure Grant Fund


    (WV Code Chapter 5)


    Fund 8717 FY 2011 Org 0100


    1
    Federal Economic Stimulus891$126,000,000


    Department of Transportation

    Public Port Authority, Fund 8830, Fiscal Year 2011, Org 0806
    (To reflect an increase in spending authority for a grant from the Department of Homeland Security to improve security for the Port of Huntington.)

    1. Increase "Unclassified - Total," Activity 096 by $1,550,000


    Section 8. Awards for claims against the state.


    Please amend the language to read as follows:
    "There are hereby appropriated for fiscal year 2011, from the funds as designated, in the amounts as specified, general revenue funds in the amount of $2,170,152, special revenue funds in the amount of $81,311, and state road funds in the amount of $1,565,283 for payment of claims against the state."


    Thank you for your time and consideration in this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

    Sincerely yours,

    Joe Manchin, III,
    Governor.

    *INSERT

    The Speaker laid before the House of Delegates, a communication from His Excellency, the Governor, which was read by the Clerk as follows:


    STATE OF WEST VIRGINIA

    Joe Manchin, III

    Governor




    EXECUTIVE MESSAGE NO. 3
    2010 REGULAR SESSION


    The Honorable Richard Thompson
    Speaker, West Virginia House of Delegates
    State Capitol
    Charleston, WV 25305

    Dear Mr. Speaker:

    Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2008-2009 annual reports have been received in the Office of the Governor:

    Accountancy, West Virginia Board of
    Affordable Housing Trust Fund, West Virginia

    Architects, West Virginia State Board of

    Behavioral Health, Office of the Ombudsman for, West Virginia Department of Health and Human Resources


    Chiropractic, West Virginia Board of

    Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee,
    West Virginia Public Service Commission

    Conservation Easements, County Farmland Protection Boards, West Virginia Agricultural and Protection Authority


    Consumer Advocate, Division of, West Virginia Public Service Commission

    Consumer Advocate, Office of the Insurance Commission, WV

    Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

    Counseling, West Virginia Board of Examiners in (2007-2009)

    Court of Claims, West Virginia

    Court of Claims, Crime Victims Compensation Fund, West Virginia

    Court System, West Virginia Supreme Court of Appeals (2008)

    Crime, Delinquency and Corrections, Governor's Committee on, Law Enforcement Training


    Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety


    Dieticians, West Virginia Board of (2007-2008 Report and 2008-2009 Report)

    Disability Retirement Experience, West Virginia State Police, by West Virginia Consolidated Public Retirement Board for Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B)


    Economic Development Authority, West Virginia

    Energy, Division of, West Virginia Department of Commerce

    Health Enhancement and Lifestyle Planning (GO HELP), Governor's Office of

    Health Insurance Plan, West Virginia (AccessWV), Office of the Insurance Commissioner, West Virginia Department of Revenue (2008)


    Infrastructure and Jobs Development Council, West Virginia

    Insurance Commissioner, Offices of the West Virginia Department of Revenue

    Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety


    Labor, West Virginia Division of

    Licensed Practical Nurses, West Virginia State Board of Examiners for (Biennium Report 2007-2009)


    Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce


    Long Term Care, Office of Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources


    Medical Imaging and Radiation Therapy Technology, West Virginia Board of Examiners

    Medicine, West Virginia Board of

    Mine Inspectors' Examining Board, Office of Miners' Health, Safety and Training, West Virginia Department of Commerce


    Motor Vehicles, Division of, West Virginia Department of Transportation

    Municipal Bond Commission, West Virginia

    Natural Resources, Division of, West Virginia Department of Commerce

    Neighborhood Investment Program, West Virginia Development Office

    Nursing Home Administrators Licensing Board, West Virginia

    Oil and Gas Inspector's Examining Board, West Virginia Department of Environment Protection


    Optometry, West Virginia Board of (2007-2009)

    Parole Board, West Virginia Department of Military Affairs and Public Safety

    Personnel, Division of, West Virginia Department of Administration

    Planning and Development Council, Region VII

    Professional Engineers, West Virginia State Board of Registration for

    Psychologists, West Virginia Board of Examiners of

    Public Defender Services, West Virginia Department of Administration

    Purchase of Commodities and Services from the Handicapped, Governor's Committee for, West Virginia Department of Administration


    Real Estate Commission, West Virginia

    Registered Professional Nurses, West Virginia Board of Examiners for

    Rehabilitation Council, West Virginia state

    Research Trust Fund, West Virginia Higher Education Policy Commission

    Risk and Insurance Management, West Virginia Board of

    Ron Yost Personal Assistance Services Program (RYPAS), Statewide Independent Living Council, Division of Rehabilitation Services, West Virginia Department of Education and the Arts


    Sanitarians, West Virginia Board of Registration for

    Senior Services, West Virginia Bureau of

    Social Work Examiners, West Virginia Board of

    State Police, West Virginia

    Tax Increment Financing Act, West Virginia Development Office

    Veterans' Affairs, West Virginia Division of

    Veterinary Medicine, West Virginia Board of

    Water and Waste Management's Groundwater Management Program, Division of, West Virginia Department of Environmental Protection (Biennial)


    Water Development Authority, West Virginia

    Workers' Compensation Office of Judges, Time Standard Compliance, Offices of the Insurance Commissioner, West Virginia Department of Revenue


    Very truly yours,


    Joe Manchin, III,
    Governor.

    Resolutions Introduced

    Delegates Kominar, Paxton, Campbell, Shaver, Spencer, Anderson and Duke offered the following resolution, which was read by its title and referred to the Committee on Rules:
    H. C. R. 88 - "Requesting that the Joint Committee on Government and Finance authorize a study of the West Virginia Public Employees Insurance Agency and participating employer liabilities for other post employment benefits."
    Whereas, The West Virginia Public Employees Insurance Agency estimated the actuarial accrued liability for other post employment benefits to be over $7 billion on June 30, 2009; and
    Whereas, The West Virginia Public Employees Insurance Agency projects the actuarial accrued liability to be $7.8 billion and $8.7 billion for State Fiscal Years 2010 and 2011, respectively; and
    Whereas, This liability is shared by all employers participating in the Public Employees Insurance Agency insurance pool, including state agencies, state colleges and universities, county school boards and many non-state employers; and
    Whereas, This liability is chiefly comprised of the expected costs of perpetuating retiree healthcare subsidies and providing for the conversion of unused, accrued annual and sick leave into prepaid insurance premiums upon retirement; and
    Whereas, Active plan participants also share in the cost of subsidizing retirees and leave conversion benefits, with differential or no leave conversion benefits and uncertain subsidy benefits for themselves; and
    Whereas, Public retirees have fixed incomes and ever increasing healthcare needs; and
    Whereas, Healthcare spending continues to grow much faster than the overall economy, with healthcare spending representing just 7.2% of Gross Domestic Product in 1965, 16% today and a projected 20% by 2016; and
    Whereas, County boards of education have initiated legal action regarding the determination of their rightful portions of the liability; and
    Whereas, Participating non-state employers take many forms and purposes, often having very dissimilar leave conversion policies, staffing and retirement patterns from most other plan employers, and their uniqueness has yet to be fully appreciated or quantified in actuarial valuations, allocations and analysis; and
    Whereas, Actuarial information concerning these other post employment benefits is both enlightening and incomplete, especially with respect to the many major policy options that are currently under consideration; and
    Whereas, Issues of cost and access to healthcare are undeniably matters of life and death, health and wealth to affected persons; and
    Whereas, The taxpayers of West Virginia cannot afford to maintain the status quo with respect to these liabilities; therefore, be it
    Resolved by the Legislature of West Virginia:
    That the Joint Committee on Government and Finance is hereby requested to authorize a study of the West Virginia Public Employees Insurance Agency and participating employer liabilities for other post employment benefits; and, be it
    Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
    Further Resolved, That the Legislative 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 D. Walker, Perry and Staggers offered the following resolution, which was read by its title and referred to the Committee on Rules:
    H. C. R. 89 - "Requesting the Division of Highways to name bridge number 08-28-7.78 on County Route 28 in Clay County, West Virginia, the 'Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge'."
    Whereas, Staff Sergeant Arthur Coulter was born on September 9, 1949, and raised in Clay, West Virginia; and
    Whereas, Corporal E. J. Sizemore was born on March 28, 1939, and raided raised in Clay, West Virginia; and
    Whereas, Upon graduating from Clay County High School, Corporal E. J. Sizemore enlisted in the U.S. Army and served as an infantryman in the 101st Airborne Division, Screamin' Eagles; and
    Whereas, Staff Sergeant Arthur Coulter enlisted in the West Virginia Air National Guard on June 22, 1970; and
    Whereas, Corporal E. J. Sizemore enlisted in the West Virginia Army National Guard on January 26, 1974; and
    Whereas, Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore were both killed in static line parachute accident on September 20, 1975; and
    Whereas, It is only fitting and proper that this bridge be named in their honor, and that it henceforth stand as a permanent memorial so that Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore's supreme sacrifice will never be forgotten; therefore, be it
    Resolved by the Legislature of West Virginia:
    That the Division of Highways is hereby requested to name bridge number 08-28-7.78 on County Route 28 in Clay County, West Virginia the "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore 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 "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge"; and be it
    Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the families of Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore and the Secretary of the Department of Transportation.
    Delegates D. Poling, D. Walker, Manchin, Evans, Hall, Rowan, Schadler, Klempa, Michael, Azinger, Guthrie, Ellem, Longstreth, C. Miller and Cowles offered the following resolution, which was read by its title and referred to the Committee on Rules:
    H. C. R. 90 - "Requesting the Joint Committee on Government and Finance authorize the study of West Virginia's dogs and animal control issues which would examine the problem of unwanted cats and dogs and derive a plan to combat the issue in a cost efficient manner while still considering the humane treatment of animals."
    Whereas, There is a disturbing amount of unwanted dogs and cats across the State of West Virginia; and
    Whereas, In 2008, 16,823 dogs and 17,725 cats were taken into shelters throughout West Virginia; and
    Whereas, Every nine seconds a dog or cat is killed in a shelter because there is no one to adopt them; and
    Whereas, Forty-nine percent of dogs and seventy-seven percent of cats entering West Virginia shelters in 2008 were euthanized; and
    Whereas, Many dogs and cats in shelters are special needs animals who have suffered from neglect and abuse; and
    Whereas, Pet overpopulation is at crisis levels; and
    Whereas, The safety of both male and female animals is dramatically increased if they are spayed or neutered; therefore, be it
    Resolved by the Legislature of West Virginia:
    That the Joint Committee on Government and Finance is hereby requested to study West Virginia's dogs and animal control issues, examine the problem of unwanted cats and dogs, and derive a plan to combat the issue in a cost efficient manor while still considering the humane treatment of animals; and, be it
    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, 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 Evans, Schadler, Hamilton, Rowan, Smith, Cowles, Azinger, D. Walker, Canterbury and Crosier offered the following resolution, which was read by its title and referred to the Committee on Rules:
    H. R. 27 - "Recognizing the significance and expressing our appreciation of the valiant efforts by the hundred of Division of Highways employees who worked many long and hard hours, and the sacrifices made by their families, so that they could keep the roads of West Virginia clear and safe for our citizens during record amounts of snowfall during this winter; and
    Whereas, West Virginia was one of many states that was hit by the North American Blizzard of 2009 the week before Christmas, December 18 through December 20, 2009; and
    Whereas, The North American Blizzard of 2009 resulted in President Obama declaring it a major disaster for the affected areas that included fifteen counties in West Virginia; and
    Whereas, The North American Blizzard of 2009 resulted in more than twenty inches of snow falling on the West Virginia Turnpike and left many motorists stranded for nearly a day; and
    Whereas, The state and the Northeast region of the nation were hit with a second blizzard in February 2010 with the state's eastern panhandle being hit the hardest with Martinsburg seeing twenty-eight inches of snowfall between February 6 and February 7; and
    Whereas, This past winter saw record amounts of snowfall in the state, Beckley received forty-five inches in February, Clarksburg received thirty-nine inches in February, Charleston received twenty-six inches in February and, thus far, Elkins has received one hundred three inches over the winter and Terra Alta, where the seasonal average is one hundred sixty inches, has had two hundred sixty-one inches of snow; and
    Whereas, Despite the record amounts of snowfall throughout the state that caused the President to declare a major disaster and the Governor to declare a state of emergency, the many Division of Highways employees responded quickly and performed their duties with diligence often in the dead of night when the rest of us lay sleeping unaware of what we would wake to; and
    Whereas, Officials from the Secretary of Transportation, Paul Mattox to National Guard Adjutant General Alan Tackett, have commended the Division of Highways' employees stating that their efforts were "remarkably well planned and executed considering the severity of the weather and the short respite between the storms"; and
    Whereas, Division of Homeland Security and Emergency Management Director Jimmy Gianto said, "West Virginia was the only state in the Northeast region that did not have to shut down major roadways" during the February storms; therefore, be it
    Resolved by the Legislature of West Virginia:
    That the members hereby express our gratitude and heartfelt thanks on behalf of all West Virginians for their unyielding diligence in keeping the roads of our state clear from the snow that never seemed to end so that the rest of us and our families could travel the roads safely and a great sense of security; and, be it
    Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Commissioner of the Division of Highways and all division employees.
    Petitions

    Delegates Boggs and Armstead presented a petition on behalf of their constituents, supporting the Marriage Protection amendment; which was referred to the Committee on Constitutional Revision.
    Special Calendar

    Unfinished Business

    The following resolutions, coming up in regular order, as unfinished business, were each reported by the Clerk and adopted:
    S. C. R. 10, Requesting DOH name bridge on Coalfields Expressway, Raleigh County, "Craig Dorsey II Memorial Bridge",
    S. C. R. 11, Requesting DOH name bridge at Mercer's Bottom, Mason County, "Private First Class Kenneth W. Bright Memorial Bridge",
    S. C. R. 13, Requesting DOH name bridge in Big Chimney, Kanawha County, "Private First Class Thomas Keith Coleman Memorial Bridge",
    S. C. R. 14, Requesting DOH name bridge in Scott Depot, Putnam County, "Trooper William 'Bill' Phillips Memorial Bridge",
    H. C. R. 61, Requesting a study of West Virginia's cemetery industry to determine whether oversight and regulation are needed to protect the public,
    H. C. R. 62, Requesting a study of the costs and benefits of the creation of an exemption for social security benefits regarding personal income taxes,
    H. C. R. 73, Requesting a study on the feasibility and potential effectiveness of a twenty-four hour period of reflection before final signature of any agreement agreed upon in family law mediation,
    H. C. R. 74, Requesting a study of the use of independent third party peer review in the informal dispute resolution process for nursing homes,
    H. C. R. 77, Requesting the Joint Committee on Government and Finance to conduct a study on the care and prevention of concussion injuries in sports regulated by the Secondary Schools,
    And,
    H. C. R. 78, Requesting the Joint Committee on Government and Finance to conduct a study on providing adequate time in the school day reserved for teacher planning and preparation.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein on those requiring the same.
    Third Reading

    S. B. 339, Correcting invalid code reference related to voter registration list; 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. 197), and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
    Absent And Not Voting: Argento, Hutchins and Shook.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 339) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
    Com. Sub. for S. B. 354, Updating terms and reporting procedures for traffic crashes; 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. 198), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
    Absent And Not Voting: Argento and Hutchins.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 354) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
    S. B. 381, Regulating ability of Division of Banking employees to obtain certain loans; 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. 199), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
    Nays: McGeehan.
    Absent And Not Voting: Argento and Hutchins.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 381) passed.
    On motion of Delegate Miley, the title of the bill was amended to read as follows:
    S. B. 381 - "A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to restrictions against the borrowing of money or the acceptance of credit by employees of the Division of Banking from institutions regulated by the division; clarifying and amending such restrictions; prohibiting the direct or indirect borrowing of any sum of money from a state chartered depository institution by an employee of the division who engages in certain review and regulatory activities with regard to state chartered depository institutions; prohibiting the direct or indirect borrowing of any sum of money from a state licensed nondepository institution by an employee of the division who engages in certain review and regulatory activities with regard to state licensed nondepository institutions; and prohibiting the commissioner, deputy commissioner and in- house counsel of the division from directly or indirectly borrowing any sum of money from any entity that is under the jurisdiction of the division."
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
    S. B. 382, Relating to certain oil and gas drilling geologic reports; on third reading, coming up in regular order, was read a third time.
    Delegate Armstead requested to be excused from voting on the passage of S. B. 382 under the provisions of House Rule 49.
    The Speaker refused to excuse the Delegate from voting, stating that he was a member of a class of persons possibly to be affected by the passage of the bill and that he demonstrated no direct personal or pecuniary interest therein.
    The question being on the passage of the bill, the yeas and nays were taken (Roll No. 200), and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting being as follows:
    Nays: Armstead, Schoen and Walters.
    Absent And Not Voting: Argento and Hutchins.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 382) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
    S. B. 387, Providing certain mortgage loan originators be licensed or registered; 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. 201), and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
    Nays: McGeehan.
    Absent And Not Voting: Argento and Hutchins.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 387) passed.
    On motion of Delegate Miley, the title of the bill was amended to read as follows:
    S. B. 387 - "A Bill to amend and reenact §46A-4-102 of the Code of West Virginia, 1931, as amended, relating to regulated consumer lenders; providing that mortgage loan originators employed by regulated consumer lenders in this state must be either licensed or registered with the Nationwide Mortgage Licensing System and Registry; and requiring regulated consumer lenders to provide notice of change of ownership and/or control of such institutions to the West Virginia Division of Banking."
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
    S. B. 436, Updating language relating to process of incorporation; 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. 202), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
    Absent And Not Voting: Argento and Hutchins.
    So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 436) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
    Second Reading

    S. B. 122, Increasing mental health treatment refusal age of consent; 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 consideration of the amendment on that reading.
    S. B. 214, Updating certain terms in Corporation Net Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    Com. Sub. for S. B. 215, Creating offense of assaulting volunteer firefighters and emergency service employees; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    S. B. 216, Updating terms in Personal Income Tax Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    Com. Sub. for S. B. 240, Authorizing Department of Administration promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
    An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page four, section two, line eight, following the word "authorized", by striking out the period and inserting a comma and the following language:
    "with the following amendment:
    On page two, subsection 2.15, by striking out said subsection 2.15 in its entirety and inserting in lieu thereof a new subsection 2.15 to read as follows:
    '2.15. "Vehicle" means any state or agency owned passenger-type vehicle including but is not limited to sedans, station wagons, minivans, pickup trucks classified as less than one ton, sport utility vehicles, or vans used primarily for the transportation of the driver and no more than 15 passengers.';
    On page nine, subsection 10.3, in the first sentence of said subsection, by striking out the words 'Vehicles shall be leased from the Travel Management Office' and inserting in lieu thereof the words 'The Travel Management Office may lease vehicles to spending units'; and
    On page ten, subsection 10.10, by striking out the words 'An invoice will be issued on a regular basis.' and inserting in lieu thereof the words 'The Travel Management Office shall issue regular invoices to spending units for vehicle leases and services.'."
    There being no further amendments, the bill was ordered to third reading.
    Com. Sub. for S. B. 273, Authorizing DEP promulgate legislative rules; on second reading, coming up in regular order, was read a second time.
    An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page thirteen, section one, line two hundred thirty-eight, following the period, by inserting a new subsection (q), to read as follows:
    "(q) The legislative rule filed in the state register on the twenty-first day of April, two thousand nine, authorized under the authority of section two, article six, chapter twenty-two, of this code, modified by the Department of Environmental Protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand ten, relating to the Department of Environmental Protection (oil and gas wells and other wells, 35 CSR 4), is authorized with the following amendment" followed by a colon.
    On page twenty-five, subdivision 16.4.d., by striking out the words "except those pits and impoundments authorized by this Office, based on soil analysis from the operator, to be suitable to prevent seepage or leakage".
    There being no further amendments, the bill was ordered to third reading.
    Com. Sub. for S. B. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain animals; on second reading, coming up in regular order, was read a second time.
    An amendment, recommended by the Committee on Natural Resources, was reported by the Clerk and adopted, amending the bill as follows:
    The Committee on Natural Resources moved to amend the bill on page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
    "ARTICLE 2. WILDLIFE RESOURCES.
    §20-2-5a. Forfeiture by person causing injury or death of game or protected species of animal; additional replacement costs for antlered deer; forfeiture procedures and costs.

    (a) Any person who is convicted of violating any a criminal law of this state and the violation causes or that results in the injury, or death or destruction of game, as defined in section two, article one of this chapter, or a protected species of animal, in addition to any other penalty to which he or she is subject, shall forfeit the cost of replacing such the game or protected species of animal to the state. For such purpose, replacement values for game and protected species of animals are as follows:
    (1) For each game fish or each fish of a protected species taken illegally other than by pollution kill, $10 for each pound and any fraction thereof;
    (2) For each bear or elk, $500;
    (3) For each deer or raven, $200;
    (4) For each wild turkey, hawk or owl, $100;
    (5) For each beaver, otter or mink, $25;
    (6) For each muskrat, raccoon, skunk or fox, $15;
    (7) For each rabbit, squirrel, opossum, duck, quail, woodcock, grouse or pheasant, $10;
    (8) For each wild boar, $200;
    (9) For each bald eagle, $5,000;
    (10) For each golden eagle, $5,000; and
    (11) For any other game or protected species of animal, $100.
    (b) In addition to the replacement value for deer in subsection (a)(3), the following cost shall also be forfeited to the state by any person who is convicted of violating any criminal law of this state and the violation causes the injury or death of antlered deer:
    (1) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 14 inches or greater but less than 16 inches, $1,000;
    (2) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 16 inches or greater but less than 18 inches, $1,500;
    (3) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 18 inches or greater but less than 20 inches, $2,000; and
    (4) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 20 inches or greater, $2,500.
    (5) Any person convicted of a second or subsequent violation of any criminal law of this state which violation causes the injury or death of antlered deer is subject to double the authorized range of cost to be forfeited.
    (c) The court upon convicting such person shall order him Upon conviction, the court shall order the person to forfeit to the state the proper amount based on the values set forth herein for amount set forth in this section for the injury or death of the game or protected species of animal the injury, death or destruction of which he caused or which resulted from his criminal act. If two or more defendants are convicted for the same violation causing, or resulting in, the injury, or death or destruction of game or protected species of animal, the forfeiture shall be declared against them jointly and equally paid by each person in an equal amount. The forfeiture shall be paid by the person so convicted and ordered to pay the forfeiture within the time prescribed by the court, but not exceeding not to exceed sixty days. In each instance, the court shall pay such the forfeiture to the state Treasury where it shall be credited to the Division of Natural Resources to be deposited into the License Fund- Wildlife Resources (3200) and used only for the replacement, habitat management or enforcement programs for injured, or killed or destroyed game or protected species of animal.
    §20-2-7. Hunting, trapping or fishing on lands of another; damages and restitution.
    (a) It is unlawful for any person to shoot, hunt, fish or trap upon the fenced, enclosed or posted lands of another person; or to peel trees or timber, build fires or do any other act in connection with shooting, hunting, fishing or trapping on such lands without written permission in his or her possession from the owner, tenant or agent of the owner.
    (b) Any person who hunts, traps or fishes on land without the permission of the owner, tenant or agent of the owner is guilty of a misdemeanor and liable to the owner or person suffering damage for all costs and damages for: (1) Killing or injuring any domestic animal, or fowl, or private game farm animal; (2) cutting, destroying or damaging any bars, gates or fence or any part of the property; or (3) leaving open any bars or gates resulting in damage to the property.
    (c) Restitution of the value of the property or animals injured, damaged or destroyed shall be required upon conviction pursuant to sections four and five, article eleven-a, chapter sixty-one of this code. The restitution ordered for private game farm animals shall be equivalent to or greater than the replacement values for deer listed in section five-a in this article.
    (c)(d) The owner, tenant or agent of the owner may arrest a person violating this section and immediately take him or her before a magistrate. The owner, tenant or agent of the owner is vested with the powers and rights of a conservation officer for these purposes. The officers charged with the enforcement of the provisions of this chapter shall enforce the provisions of this section if requested to do so by the owner, tenant or agent of the owner, but not otherwise.
    (d) (e) The provisions of subsections (b) and (c)(d) of this section related to criminal penalties and being subject to arrest are inapplicable to a person whose dog, without the person's direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird: Provided, That the pursuit does not result in the taking of game from the fenced, enclosed or posted land and does not result in the killing of domestic animals or fowl or other damage to or on the fenced, enclosed or posted land."
    There being no further amendments, the bill was ordered to third reading.
    Com. Sub. for S. B. 345, Requiring telecommunications tax study; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    S. B. 388
    , Specifying number of members on municipal planning commissions and zoning boards; on second reading, coming up in regular order, was read a second time.
    An amendment, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the bill on page six, section three, lines three through six, by striking out the underscored sentence and inserting in lieu thereof the following language:
    "A municipal board of zoning appeals in a Class IV town or village shall have not less than three nor more than five members to be appointed by the governing body of the municipality."
    There being no further amendments, the bill was ordered to third reading.
    S. B. 445, Extending time Fairmont City Council can meet; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    S. B. 461, Relating to administration of sales and use tax; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    S. B. 464, Clarifying Division of Personnel functions; on second reading, coming up in regular order, was read a second time and ordered to third reading.
    First Reading

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
    S. B. 42, Revising Municipal Economic Opportunity Development District Act,
    Com. Sub. for S. B. 81, Creating WV Official Prescription Program Act,
    Com. Sub. for S. B. 219, Relating to managing state motor vehicle fleet,
    S. B. 350, Recategorizing recycled energy as renewable energy resource,
    Com. Sub. for S. B. 365, Requiring pharmacies provide personnel online access to controlled substances database,
    S. B. 385, Requiring banks provide bond to secure certain county deposits,
    S. B. 390, Clarifying court assesses private investigative and security services regulations violation penalties,
    Com. Sub. for S. B. 517, Creating Uniform Real Property Electronic Recording Act,
    S. B. 527, Requiring State Rail Authority establish transportation and local rail service plan,
    S. B. 584, Relating to Center for Nursing's data collection policy,
    S. B. 595, Extending vesting period for subdivision and land development plans,
    Com. Sub. for S. B. 618, Relating to osteopathic physician assistants,
    S. B. 636, Reconstituting Commission to Study Residential Placement of Children,
    Com. Sub. for S. B. 665, Transferring certain Health Care Authority's duties to Insurance Commissioner,
    And,
    H. B. 4670, Making a supplementary appropriation to the Department of Agriculture, to the Department of Health and Human Resources, to the Department of Revenue - Racing Commission, to the Bureau of Senior Services and to the Higher Education Policy Commission.
    At 11:31 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 6:00 p.m., and reconvened at that time.
    * * * * * * *

    Afternoon Session

    * * * * * * *

    At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
    Committee Reports

    Chairman Poling, from the Committee on Education, submitted the following report, which was received:
    Your Committee on Education has had under consideration:
    S. B. 547, Correcting inconsistency in school board levies code,
    And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 (S. B. 547) to the Committee on Finance was abrogated.
    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration:
    Com. Sub. for S. B. 490, Relating to domestic violence.
    And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 S. B. 490) to the Committee on Finance was abrogated.
    Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security, submitted the following report, which was received:
    Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
    S. B. 574, Declaring December 7 special memorial day,
    And reports the same back, with the recommendation that it 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 (S. B. 574) to the Committee on Finance was abrogated.
    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration:
    S. B. 511, Relating to tagging and checking beaver pelts,
    S. B. 512, Increasing game trap markings,
    Com. Sub. for S. B. 462, Limiting State Police applicants' age,
    Com. Sub. for S. B. 624, Relating to Secretary of State annual reports' filing deadlines,
    And,
    S. B. 653, Allowing court discretion for habitual offender sentencing,
    And reports the same back with the recommendation that they each do pass.
    Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
    Your Committee on Government Organization has had under consideration:
    Com. Sub. for S. B. 12, Relating to regional water and wastewater authorities,

    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 (Com. Sub. for S. B. 12) was referred to the Committee on Finance.
    Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
    Your Committee on Government Organization has had under consideration:
    Com. Sub. for S. B. 494, Providing fiduciary commissioner oversight,
    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 (Com. Sub. for S. B. 494) was referred to the Committee on the Judiciary.
    Chairman Morgan, from the Committee on Government Organization, submitted the following report, which was received:
    Your Committee on Government Organization has had under consideration:
    S. B. 583, Updating references to Information Services and Communications,

    And reports the same back, with amendment, with the recommendation that it do pass, as amended.
    Chairman White, from the Committee on Finance, submitted the following report, which was received:
    Your Committee on Finance has had under consideration:
    Com. Sub. for S. B. 185, Creating WV Commercial Patent Incentives Tax Act,
    Com. Sub. for S.B. 337, Requiring Racetrack Video Lottery Fund be used for certain payments,
    S. B. 519, Extending Social Security benefits to Municipal Police Officers and Firefighters Retirement System members,
    S.B. 633, Depositing public funds into certain federally insured accounts,
    And,
    Com. Sub. for S.B. 651, Providing state bid preference for certain current license or permit holders,
    And reports the same back with the recommendation that they each do pass.
    Chairman White, from the Committee on Finance, submitted the following report, which was received:
    Your Committee on Finance has had under consideration:
    Com. Sub. for S.B. 401, Relating to ad valorem property taxes,
    And,
    S.B. 526, Finding and declaring certain claims against state,
    And reports the same back, with amendments, with the recommendation that they each do pass, as amended.
    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration:
    Com. Sub. for S. B. 577, Clarifying definition of "raffle",
    And reports the same back, with amendment, with the recommendation that it do pass, as amended, 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 S. B. 577) to the Committee on Finance was abrogated.
    Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration:
    Com. Sub. for S. B. 286, Authorizing DHHR promulgate legislative rules,
    Com. Sub. for S. B. 362, Prohibiting providing false information to obtain controlled substances prescription,
    Com. Sub. for S. B. 376, Relating to residential mortgage foreclosure data,
    Com. Sub. for S. B. 398, Prohibiting landfill disposal of certain electronic devices,
    Com. Sub. for S. B. 396, Updating commercial driver's license requirements,
    S. B. 533, Revising statutory language regarding child abuse,
    S. B. 559, Authorizing citation issuance in lieu of court appearance in certain situations,
    S. B. 575, Suspending driving, hunting and fishing licenses for failure to pay certain court costs,
    And,
    S. B. 635, Requiring State Fire Commission approve certain county and municipal fire ordinances and regulations,
    And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
    Chairman Poling, from the Committee on Education, submitted the following report, which was received:
    Your Committee on Education has had under consideration:
    Com. Sub. for S. B. 480, Relating to public higher education personnel,
    And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, 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 S. B. 480) to the Committee on Finance was abrogated.
    Chairman Poling, from the Committee on Education, submitted the following report, which was received:
    Your Committee on Education has had under consideration:
    S. B. 648, Repealing outdated and obsolete sections of education code,
    And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
    In the absence of objection, reference of the bill (S. B. 648) to the Committee on the Judiciary was abrogated.
    Chairman Poling, from the Committee on Education, submitted the following report, which was received:
    Your Committee on Education has had under consideration:
    S. B. 499, Changing names of certain community and technical colleges,
    And reports the same back, with amendment, with the recommendation that it do pass, as amended.
    Messages from the Senate

    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 July 1, 2010, of
    Com. Sub. for S. B. 631, Updating process for adopting textbooks and other instructional material.
    A message from the Senate, by
    The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates as follows:
    Com. Sub. for H. B. 4374, Caregivers Consent Act.
    On motion of Delegate Boggs, the bill was taken up for immediate consideration.
    The following Senate title amendment was reported by the Clerk:
    Com. Sub. for H. B. 4374 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49- 11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; defining terms; setting parameters of caregiver's consent for minor's health care; detailing duties of health care facilities or practitioners; stating requirements for affidavits of caregiver consent; providing for revocation or termination of consent; limiting liability for good faith reliance on affidavit; stating exceptions to applicability; creating a criminal penalty for false statement; and establishing rule-making authority."
    On motion of Delegate Boggs, the House of Delegates concurred in the Senate title amendment.
    The bill, as amended by the Senate, was then put upon its passage.
    On the passage of the bill, the yeas and nays were taken (Roll No. 203), and there were--yeas 80, nays 7, absent and not voting 13, with the nays and absent and not voting being as follows:
    Nays: Andes, Armstead, Ireland, Lane, McGeehan, Sobonya and Walters.
    Absent And Not Voting: Argento, Azinger, Barker, Frazier, Givens, Hall, Hamilton, Hutchins, Manchin, Michael, Reynolds, Romine and Shook.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4374) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
    A message from the Senate, by
    The Clerk of the Senate, announced that the Senate had passed, with a title amendment, a bill of the House of Delegates as follows:
    Com. Sub. for H. B. 4407, Updating the law regarding the rabies vaccinations of dogs and cats.
    On motion of Delegate Boggs, the bill was taken up for immediate consideration.
    The following Senate title amendment was reported by the Clerk:
    Com. Sub. for H. B. 4407 - "A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended, all relating to requiring rabies vaccination of dogs and cats of a certain age; requiring that administered rabies vaccinations be capable of producing immunity for three years; requiring that dogs and cats receive necessary boosters; providing for the appointment of a qualified person to vaccinate when there is no licensed veterinarian in the county; and requiring rabies vaccinations for dogs and cats prior to entering the state."
    On motion of Delegate Boggs, the House of Delegates concurred in the Senate title amendment.
    The bill, as amended by the Senate, was then put upon its passage.
    On the passage of the bill, the yeas and nays were taken (Roll No. 204), and there were--yeas 86, nays 1, absent and not voting 13, with the nays and absent and not voting being as follows:
    Nays: Fleischauer.
    Absent And Not Voting: Argento, Azinger, Barker, Frazier, Givens, Hall, Hamilton, Hutchins, Manchin, Michael, Reynolds, Romine and Shook.
    So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4407) passed.
    Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
    Leaves of Absence

    At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Argento and Hutchins.
    At 6:17 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 9, 2010.

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