hdj2011-02-07-27
__________*__________
Monday, February 7, 2011
TWENTY-SEVENTH 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, February 4, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2693, Requiring insurance coverage for autism spectrum disorders,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2693 - "A Bill to amend and reenact §5-16-7 of the code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-
16B-6e; to amend said code by adding thereto a new section, designated §9-5-21; to amend said
code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto
a new section, designated §33-16-3v; to amend said code by adding thereto a new section,
designated §33-24-7k; and to amend said code by adding thereto a new section, designated §33-
25A-8j, all relating to requiring insurance coverage for autism spectrum disorders; providing
definitions; and providing reporting requirements by state agencies,"
With the recommendation that the committee substitute do pass.
Messages from the Executive
The Speaker laid before the House of Delegates a communication, which was read by the
Clerk as follows:
West Virginia House of Delegates
OFFICE OF THE CLERK
Charleston 25305
February 4, 2011
The Honorable Richard Thompson
Speaker of the House
State Capitol
Charleston, WV 25305
Dear Mr. Speaker:
This letter is to inform you and the members of the House that on February 4, 2011, I delivered to the Office of the Governor, for Executive action, the following bill:
Enrolled Com. Sub. for H. B. 2853, Providing for a special primary and general election
to fill a vacancy in the Office of Governor.
Sincerely,
Gregory M. Gray
Clerk of the House
Resolutions Introduced
Delegate Morgan, Mr. Speaker, Mr. Thompson, and Delegates Reynolds, Stephens, Sobonya,
C. Miller, Ennis, Varner, Ellem, Perdue, Butcher, White, Moore, Mahan, Swartzmiller, Storch,
Pethtel, Paxton, Rodighiero, L. Phillips, Frazier, Givens, Ferro, D. Poling, Martin, Barker, Stowers,
Hall, Moye, Canterbury, Staggers, Hunt, Skaff, Walker, D. Campbell, M. Poling, Fragale, Manchin,
Marshall, Shaver, Perry, Brown, Guthrie, Boggs, Smith, Miley, Manypenny, Longstreth, Barill,
Rowan, Wells, Hatfield, Poore, Talbott, Hamilton, Iaquinta, Caputo, Fleischauer, Williams and
Lawrence offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 46 - "Requesting the Division of Highways to name the bridge on WV 2, spanning
the Guyandotte River, .08 miles east of US 60, as the 'Lt. Ronnie D. Ferrell Vietnam Veteran, Police
Officer, Labor Leader, Public Servant Memorial Bridge'."
Whereas, Lieutenant Ronnie D. Ferrell was born on June 22, 1946, in Huntington, the son
of Oscar Ferrell and Harriett Knight Ferrell; and
Whereas, Lieutenant Ferrell grew up in Cabell County and attended the Beverly Hills
Church of Christ in Huntington; and
Whereas, Lieutenant Ferrell enlisted in the U. S. Army in 1966, served in combat in
Vietnam and was promoted to the rank of sergeant before being honorably discharged in 1966; and
Whereas, Lieutenant Ferrell worked as an electrician at INCO from 1968 to 2002 and
served as shop steward, United Steel Workers "USW" Local 40 from 1990 to 2002, served as
president of the Steel Workers Retirees "SOAR" from 2004 to 2008, he established the Memorial
of Fallen Members for the 14 workers that have lost their lives supporting their families while
working at INCO. This memorial was dedicated in 2001 by Congressman Rahall; and
Whereas, Lieutenant Ferrell is a Hall of Fame member of the Southwestern District Central
Labor Council AFL-CIO; and
Whereas, Lieutenant Ferrell was an officer with the Barboursville Police Department from
1975 to 1986 and attained the rank of lieutenant; and
Whereas, Lieutenant Ferrell was a member of the Board of Directors for the Cabell
Huntington Hospital from 2005 to 2009, was a member of Minerva Lodge No. 13 AF&AM, the
American Legion Post 177 of Barboursville and the VFW Post 9738 of Guyandotte; and
Whereas, Lieutenant Ferrell was instrumental in keeping the names and memories of those
who served their country well by working for many years unofficially with the Legislature to secure
and place plaques on state bridges honoring and commemorating our state residents who served in
the United States Armed Forces; and
Whereas, In his unofficial capacity Lieutenant Ferrell gathered information, performed
research on the state's bridges and our many veterans and arranged for the ceremonies both at the
Legislature, including assisting the presence of family members, and at the bridges themselves; and
Whereas, Lieutenant Ferrell passed away on December 18, 2009 at the Emogene Dolin Jones Hospice House having been under the care of Dr. Gabriella Ballester; and
Whereas, It is fitting to honor Lieutenant Ferrell for his service to his community, his state,
his country and the invaluable service to this Legislature by naming the bridge on WV 2, spanning
the Guyandotte River, .08 miles east of US 60, as the "Lt. Ronnie D. Ferrell Vietnam Veteran, Police
Officer, Labor Leader, Public Servant Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the bridge on WV
2, spanning the Guyandotte River, .08 miles east of US 60, as the "Lt. Ronnie D. Ferrell Vietnam
Veteran, Police Officer, Labor Leader, Public Servant Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Lt. Ronnie D. Ferrell Vietnam Veteran, Police Officer,
Labor Leader, Public Servant Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation; to his wife, Cathy Mace Ferrell; his
son, Ronnie Dale "RD" Ferrell; his daughter, Beth Ingels and her husband, Daniel Ingels; his sister,
Charlotte Blake; his grandson, Bryson Ingels; Silas Beam, whom he thought of as a grandson; Dr.
Gabriella Ballester and her staff at the Emogene Dolin Jones Hospice House; the VFW Post 9738
of Guyandotte; United Steel Workers "USW" Local 40; and to the Southwestern District Central
Labor Council AFL-CIO.
Delegates Hall, L. Phillips, Moore and White offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 47 - "Requesting the Bradshaw Bridge in Bradshaw, McDowell County, West Virginia on State Route 80, specifically bridge number 24 at mile post 0.02, be named the 'James
Ray Bailey Memorial Bridge'."
Whereas, James Ray Bailey was born October 8, 1974 in Richlands, Virginia, the son of
Clarence and Lissie Hicks Bailey and raised in West Virginia, graduating from Iaeger High School
and employed as a firefighter for approximately ten years and then by the McDowell Ambulance
Authority; and
Whereas, James Ray Bailey died on September 8, 2010, at the young age of 35 years from
injuries sustained in an ambulance accident while in the performance of his duties; and
Whereas, James Ray Bailey's marriage to Heather Bailey produced two children, namely
Phillip James Bailey, age 11 years and Izabella Faith Bailey, age 6 years; and
Whereas, James Ray Bailey was a young man who served his community as a firefighter
and EMS with the McDowell Ambulance Authority. He was quick to respond to all calls as a first
responder, whether it be to the fire department, an automobile wreck or other emergency. He has
been described as a "people person" who knew everyone in his community and he loved putting
smiles on their faces. While he enjoyed fishing, hunting, bike riding, roller blades and pool, his
children, family and being a father were his main enjoyments. He is survived by his children, their
mother, his mother and father, two sisters, Pamela Bailey Mullins and Keisha Bailey Rife, a brother,
Russell Bailey, maternal grandmother, Mealie Hicks, and other in-laws, nephews and nieces, other
family members, friends and co-workers. He was a young man dedicated to serving his community,
who died in that service and will be missed by all who knew him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Bradshaw Bridge number 24 on State Route 80 at mile post 0.20 in Bradshaw, McDowell County, West Virginia the "James
Ray Bailey Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "James Ray Bailey Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the surviving family of James Ray
Bailey.
Delegates T. Campbell and Canterbury offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 48 - "Requesting the Division of Highways to erect a memorial sign on Route 60,
at or near the Caldwell exit, in Greenbrier County, that states 'Home of Chan Whitt, Jr., the "Little
Prince" Billiards Champion'."
Whereas, Chan Whitt, Jr. resided in Caldwell, Greenbrier County, his entire life, being one
of seven children, until his tragic death resulting from a motor vehicle accident in 1994; and
Whereas, Chan Whitt, Jr. traveled the world over, playing in national and international
billiards tournaments, including a tournament he played and won in Japan; and
Whereas, Chan Whitt, Jr. was featured in several magazines and gave a billiards exhibition
at The Greenbrier Hotel in White Sulphur Springs; and
Whereas, Chan Whitt, Jr. was a television celebrity, appearing on ESPN, the Today Show,
PM Magazine, Good Morning America, Sports World and That's Incredible; and
Whereas, Chan Whitt, Jr. put the little town of Caldwell, West Virginia, on the map with
his enormous talent and his many travels; and
Whereas, It is fitting to honor Chan Whitt, Jr., not only for his stellar talents but for the
recognition he brought to the little town of Caldwell, Greenbrier County, and the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to have made and be placed
a sign on Route 60, at or near the Caldwell exit, in Greenbrier County, that reads "Home of Chan
Whitt, Jr., the 'Little Prince' Billiards Champion"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation; to Judy Steele and to Mr. Chan's
father, Chan Whitt Sr.
Delegates R. Phillips, Butcher, Stowers and Rodighiero offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 49 - "Requesting that bridge number 23-10/4-0.01 over the Guyandotte River on
new Route 10 at Rita in Logan County, West Virginia be named the 'Veterans Memorial Bridge'."
Whereas, The veterans of this state have committed themselves to faithful and dedicated
service in the various branches of the United States Military, including the Army, Army Air Corps,
Air Force, Marine Corps, Navy, National Guard, United States Reserve Components, Coast Guard
and Merchant Marines with honor and distinction; and
Whereas, The war veterans of West Virginia have participated in America's wars and stand
ready to serve their state and country in the future; and
Whereas, The service of these brave men and women exemplifies the courage and bravery
of West Virginians in time of war and this service and sacrifice should not go unnoticed; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-10/4-0.01 over
the Guyandotte River on new Route 10 at Rita in Logan County, West Virginia, the "Veterans
Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Veterans Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and the veteran's organizations of West
Virginia.
Delegates Lawrence, Doyle and Householder offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 50 - "Expressing the sense of the Legislature that designating February 21, 2011
as 'Jefferson County Day' at the State Capitol."
Whereas, Jefferson County Day at the Capitol is sponsored and founded by West Virginia
Communication Outreach of Jefferson County, an all-volunteer, nonpolitical, nonpartisan, non-
denominational outreach organization structured to help benefit and increase the communications
between Jefferson County residents, local governments and West Virginia State Government
through fact-finding and information-sharing; and
Whereas, Jefferson County Day at the Capitol is representative of five areas of Jefferson
County, Arts and Humanities, supported by Paul Pritchard, President and Board Member Julie Siler
of the Arts and Humanities Alliance of Jefferson County; Businesses, supported by Heather Morgan,
Director of Jefferson County Chamber of Commerce; Economic Development, supported by, Whitne
Burch, Research Assistant for Jefferson County Development Authority; Educational/University
Systems, supported by Susan Wall, Superintendent of Jefferson County Schools, Susan Sowers,
Patrick Blanc and Rob Perks, also of Jefferson County Schools, Craig Gilman, of American Public
University; and Tourism and Cultural Heritage, supported by Cheryl Keyrouze, Director of
Shepherdstown Visitors Center; and
Whereas, Jefferson County Day at the Capitol is encouraged in principal and supported
fiscally through the Jefferson County Convention and Visitors Bureau, the Jefferson County
Commission and the Jefferson County Development Authority; and
Whereas, Jefferson County Day at the Capitol will continue on as an annual event through
the efforts of West Virginia Communication Outreach of Jefferson County being committed to
developing and continuing to nurture an ongoing direct relationship between the residents of
Jefferson County and the State of West Virginia, while continuing to meet with West Virginia State
Legislators and develop relationships between counties to optimize our strengths and strengthen our
weaknesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests that February 21, 2011 is designated as "Jefferson County Day"
at the Capitol; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Governor, the Jefferson County Convention and Visitors Bureau, the Jefferson
County Commission and the Jefferson County Development Authority.
Delegates L. Phillips, Hall, Moore, White and Kominar offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 51 - "Requesting the Division of Highways to name the bridge located on Route
83 outside of Bradshaw, West Virginia, specifically bridge number 24-83-7.07, the 'Charlie Howard
Mitchell Memorial Bridge'."
Whereas, Mr. Mitchell was born January 7, 1949 to Alice Marie and Mack Henry Mitchell
in Bradshaw, West Virginia; and
Whereas, Mr. Mitchell grew up with five brothers and three sisters in Bradshaw; and
Whereas, He attended Jolo Elementary, Bradshaw Junior High and then graduated from
Iaeger High School on June 2, 1967; and
Whereas, Mr. Mitchell enlisted in the military in the middle of May 1967 and went through
basic training at Fort Gordon in Georgia; and
Whereas, Mr. Mitchell served in the 4th Battalion, 31st Infantry and the 196th Infantry
Brigade; and
Whereas, Mr. Mitchell was bravely serving our country in Vietnam when he was killed in
action on September 16, 1969 near the village of Hiep Duc which is twenty-five miles from Qang
Tin Province in the republic of South Vietnam; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name
bridge number 24-83-7.07, located on Route 83 outside of Bradshaw, West Virginia the "Charlie Howard Mitchell Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "Charlie Howard Mitchell Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and
the surviving family of Charlie Howard Mitchell, which includes William D. Mitchell, John R.
Mitchell, Alta Mitchell Hagerman, Joann Mitchell Pruitt and Brenda Mitchell Sexton.
Delegates M. Poling, Anderson, Andes, Barill, Barker, Border, Butcher, D. Campbell, T.
Campbell, Cann, Canterbury, Caputo, Craig, Crosier, Doyle, Ennis, Ferns, Ferro, Fleischauer,
Fragale, Frazier, Givens, Guthrie, Hall, Hatfield, Hunt, Iaquinta, Jones, Kominar, Kump, Lawrence,
Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, Moore, Morgan, Moye, Nelson,
Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, Poore, Reynolds, Rodighiero,
Shaver, Sigler, Skaff, Smith, Staggers, Stephens, Storch, Stowers, Swartzmiller, Talbott, Varner,
Walker, White and Williams offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 52 - "Requesting that bridge number 01-10-9.94 on County Route 10 near
Moatsville in Barbour County, West Virginia be named the 'James A. Wright Memorial Bridge'."
Whereas, James A. Wright was born on July 7, 1924 in Moatsville, West Virginia to Scott
Albert and Cora Virginia Janes Wright; and
Whereas, James A. Wright married Geraldine Mae Freeman Wright and together they raised twelve children, had twenty-four grandchildren and twenty-one great grandchildren; and
Whereas, James A. Wright attended the Riverdale School, a one room schoolhouse in
Moatsville and later received his GED at Alderson-Broaddus College in Philippi; and
Whereas, James A. Wright began his working career in a coal mine near Moatsville and
worked in later years as a mechanic, truck driver and appliance repairman and surveyed homes for
repairs; and
Whereas, James A. Wright was part of three generations of Wrights who lived in close
proximity of the bridge and kept the area clean of trash and debris; and
Whereas, James A. Wright and members of his family helped make a scenic area on the
river near the bridge a favorite swimming locale that served as a community meeting place; and
Whereas, The original bridge was a covered bridge that was destroyed in 1910 by a flood.
A ferry was used to cross the Tygart Valley River during the construction of a new bridge that was
completed in 1912; and
Whereas, The B&O Railroad Station was located at the bridge. The area also included a
merchant store, barber shop, blacksmith shop, planing mill, grist mill, coal tipple, post office, a
church and several nice homes. One of these homes had a bathroom and running water which no one
else had. The train hauled passengers as well as coal cars. Local people would commute to sell
goods and services, including milk, cream, butter, nuts and crates of chickens; and
Whereas, James A. Wright knew the bridge's history and its importance to economic
development of the area and loved to share his vast knowledge with visitors to the area; and
Whereas, The Corps of Engineers continue today to frequent the area for periodic checks
on the property. They refer to James A. Wright as a landmark since he knew the history surrounding the bridge area and lived his life in Moatsville for almost eighty years; and
Whereas, James A. Wright passed away at his home on August 18, 2004 at the age of eighty
and was laid to rest at the Tacy Cemetery; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 01-10-9.94 on
County Route 10 near Moatsville in Barbour County, West Virginia the "James A. Wright Memorial
Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "James A. Wright Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Commissioner of the Division of Highways, to his loving wife of sixty years,
Geraldine, who continues to live in the family home, and to his surviving children, Judie Frey,
Rachel Marteny, Murl Wright, Susie Bolyard, Charlotte Haddix, Margaret Hathaway, Dian Mitchell,
Sharon Ball, Patricia Poe, Jim Wright and Rickey Wright.
Delegates T. Campbell and Canterbury offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 53 - "Requesting the Division of Highways to name the bridge located in Renick,
Greenbrier County, West Virginia, that spans the Greenbrier River on Auto Road, Bridge Number
13-11-0.54, the 'Keene Memorial Bridge'."
Whereas, The Keene family was directly responsible for contributing the land for the bridge
expansion in the late 1970's. The Keene family members have been Renick and Greenbrier County residents for at least five generations and owners living on the adjacent Renick property since the
1920's. The main resident and long-time landowner began with William Keene, Sr. The subject
bridge is located in Renick positioned and connected to a piece of property, also known as the
"Keene Farm", " Jonah's Landing" and the "Home Place". The Home Place, or Keene Farm, was
sold several years ago under a Jonah Keene trust upon his passing as the last resident and property
owner. The current land parcel is officially called "Jonah's Landing", and is an affluent group of
estate properties with residents and landowners that include state government leaders and prominent
attorneys; and
Whereas, Jonah Keene, was the most recent of the Keene land owners, and was
instrumental in deeding the land for the bridge expansion in the late 1970's for the parcel that
connects the existing bridge. The Keene family is survived by William Keene, grandson of William
Keene Sr., currently of White Sulphur Springs. The Keene family has a rich history and record of
military service to this country that spans three wars and tremendous sacrifice. A chronological
record of the Keene family's service consists of those Renick and Greenbrier County residents of
the Keene family that have served while also having lived on the property in Renick adjacent to the
actual bridge site: Paris Keene of Renick, West Virginia, served in the United States Navy at the
rank of F1 during WWI from 1918-1920. He served with the Civil Conservation Corp (CCC) during
WWII in West Virginia. He is buried in Renick alongside his wife and not far from the bridge.
Jonah W. Keene of Renick, West Virginia, and primary landowner of the bridge property and
transition, served in the United States Army at the rank of Tec3 during WWII and from 1941
through October 1945 and was part of the Africa Campaign. He is buried in Renick, West Virginia,
not far from the bridge. Edward Harvey Keene, resident of Renick, West Virginia, served in the United States Marines from 1953-1962, and post Korean War and in other services between 1933
and 1971. Harvey W. Keene of Renick, West Virginia, served in the United States Army as a Pfc.
from 1943-1945 during WWII. Jerry Keene of Renick, West Virginia, and grandson of William
Keene, served in the United States Army for 22 years and served during the Vietnam War. Lynne
Keene of Renick, West Virginia, also a grandson of William Keene, served in the United States
Army during the Vietnam War from 1960-1962; and
Whereas, The contributions, history and involvement of the Keene family in service to this
country, their citizenship and long standing history in Renick and Greenbrier County, together with
the involvement with the deed to the land that made the bridge possible are factors demonstrating
a family lineage of unwavering service to this country and community involvement and spirit that
is deserving of lasting recognition and respect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located in Renick,
Greenbrier County, West Virginia, that spans the Greenbrier River on Auto Road, Bridge Number
13-11-0.54, the "Keene 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 "Keene Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the surviving Keene family members and the Secretary of the Department of
Transportation.
Delegates C. Miller, Perdue, Miley, Sobonya, Ellem, J. Miller, Fleischauer and Border
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 54 - "Requesting the Joint Committee on the Judiciary to study the feasibility and
potential effectiveness of justice reinvestment strategies as a mechanism to better direct our
expenditures in criminal justice to help prevent crimes, not merely to punish them."
Whereas, Rising corrections budgets and high recidivism rates in many states are forcing
policymakers to develop new strategies for increasing public safety; and
Whereas, Despite increasing corrections expenditures, recidivism rates remain high with
half of all persons released from prison nationally returning within three years; and
Whereas, The notion of justice reinvestment is to advance fiscally-sound, data driven
criminal justice policies to break the cycle of recidivism, avert prison expenditures and make
communities safer; and
Whereas, Justice reinvestment aids in generating various options that recognize the unique
problems in our criminal justice system and tailors these to better manage the growth of a state's
prison population and increase public safety; and
Whereas, These options include strategies to reduce parole and probation revocations; focus
supervision resources where they can have the greatest impact; and hold offenders (and service
providers) accountable for the successful completion of programs such as drug treatment and job
training; and
Whereas, Policymakers can use generated data to develop plans for reinvesting a portion
of these savings in new or enhanced initiatives in areas where the majority of people released from
prisons and jails return to benefit everyone in the community, regardless of their involvement in the
criminal justice system; and
Whereas, Of the corrections system, improve the accountability
designing policies to manage the growth and integration of resources concentrated in particular
communities, and reinvesting a portion of the savings generated from these efforts to make
communities receiving the majority of people released from prison safer, stronger and healthier is
a sound topic of study; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the feasibility and
potential effectiveness of justice reinvestment strategies and their potential use in the State of West
Virginia; and, be it
Further Resolved, That the Joint Committee on the Judiciary 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.
Delegate Lane offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. R. 19 - "Amending the rules of the House of Delegates, relating to requiring a Jobs
Impact Statement be attached to proposed legislation affecting employment or taxes in the state."
Resolved by the House of Delegates:
That the Standing Rules of the House of Delegates be amended by adding thereto a new rule
as follows:
Jobs Impact Statement.
95c. Prior to consideration, by the House or by any of its committees, of any bill that
increases or decreases the revenue or fiscal liability of individual citizens, employers, the state or
any of its political subdivisions or in any manner changes or modifies any existing tax or rate of
taxation or in any manner proposes to enact, amend or repeal any provision generally relating to
employment within the state, the bill shall have attached to it a Jobs Impact Statement. The
statement must conform to the requirements of form and content as prescribed by the Jobs Impact
Statement Manual prepared and adopted by the Committee on Rules.
When required, it is the responsibility of the member introducing the bill to obtain the Jobs
Impact Statement.
This rule does not prohibit consideration of a bill where, in the opinion of the chairman of
the committee to which the bill has been referred or in the opinion of the Speaker, a reasonable
amount of time has transpired between when a Jobs Impact Statement was requested and no
statement, or an incomplete one, has been provided.
The phrase "Jobs Impact Statement" or the initials "JS" must be clearly stamped or endorsed
on the jackets of all bills that have statements attached to them.
No act is void or voidable for noncompliance with this rule.
This rule takes effect on January 12, 2012.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegate Perry
[By Request of the Insurance Commission]:
H. B. 3018 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-
16G-6, §33-16G-7, §33-16G-8, §33-16G-9 and §33-16G-10, all relating to the health benefit
exchange: setting forth purpose; defining terms; providing for the establishment of the governing
board of directors; setting forth functions of the exchange; outlining the board's duties and authority;
authorizing rulemaking, including emergency rulemaking; establishing a special revenue account;
and authorizing assessment of fees"; to the Committee on the Judiciary then Finance.
By Delegate Perry
[By Request of the Insurance Commission]:
H. B. 3019 - "A Bill to amend and reenact §33-15-2 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new article, designated §33-15F-1, §33-15F-2,
§33-15F-3, §33-15F-4, §33-15F-5, §33-15F-6, §33-15F-7, §33-15F-8, §33-15F-9, §33-15F-10, §33-
15F-11 and §33-15F-12; and to amend and reenact §33-16-1a of said code, all relating to federal
health insurance reforms; incorporating the federal mandates of the Patient Protection and
Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010;
defining terms; granting rulemaking authority; preventing health care insures from imposing
additional charges for certain preventive benefits; preventing health care insures from imposing
annual and lifetime benefits limits and providing exceptions; establishing provisions for provider
networks; prohibiting health care insures from imposing preexisting condition exclusions for persons
under nineteen; permitting eligibility for dependent children to the age of twenty-six with
conditions; and establishing review and appeal rights"; to the Committee on the Judiciary then
Finance.
By Delegates Smith, Perry, Kominar, Reynolds, Williams, Shaver, Ellington, Moye,
Evans, Rowan and Walker:
H. B. 3020 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health
insurance covering elective abortions; prohibiting all qualified health plans offered through a state
Exchange from including abortion coverage except to prevent the death of the mother; preventing
all other health plans, including health insurance contracts, plans or policies, offered outside of the
Exchange, but within the state, from providing coverage for elective abortions except by optional
separate supplemental coverage for abortion"; to the Committee on Banking and Insurance then
Finance.
By Delegates Hatfield, Fleischauer, Perdue, Brown, C. Miller, Hall, Marshall, D.
Campbell, Butcher, Morgan and Border:
H. B. 3021 - "A Bill to amend and reenact §16-42-3, §16-42-5 and §16-42-7 of the Code
of West Virginia, 1931, as amended, all relating to adding two new members to the Comprehensive
Behavioral Health Commission; providing that if two specific members designate another person
to serve in his or her place, those designees are non-voting members; requiring a chairperson be
selected by the commission members; permitting a chairperson to serve no more than two
consecutive years; adding another member to the advisory board to the commission; permitting
members who are on the board on July 1, 2011 to continue to serve; requiring yearly reports to the
Governor and Legislature; and extending the life of the commission by another four years to 2015";
to the Committee on Health and Human Resources then Government Organization.
By Delegates Caputo, Canterbury, T. Campbell, Hamilton, Boggs, Martin, Perdue, Smith, D. Poling, Barker and Manypenny:
H. B. 3022 - "A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West
Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers
by July 1, 2015; and increasing the salary increase received at the end of two years of service with
the West Virginia State Police to $580"; to the Committee on Finance.
By Delegates Boggs, T. Campbell, Caputo, Guthrie, Manchin, Perdue, Pethtel, Pino,
Sumner, White and Williams:
H. B. 3023 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new
section, designated §18-7A-26v, all relating to providing a one-time supplement to retired public
employees and teachers seventy years of age or older equal to three percent of their retirement
benefits; setting forth conditions; and providing for exceptions"; to the Committee on Pensions and
Retirement then Finance.
By Delegates Boggs, T. Campbell, Caputo, Guthrie, Manchin, Perdue, Pino, Sumner,
White and Williams:
H. B. 3024 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting all income received by retired state employees from the Public
Employees Retirement System and retired teachers the Teachers Retirement System from personal
income tax"; to the Committee on Pensions and Retirement then Finance.
By Delegate Frazier:
H. B. 3025 - "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931,
as amended, relating to exempting the first $20,000 of public employees pensions from personal income tax"; to the Committee on Finance.
By Delegates Varner, Pethtel, Ferns, Givens, Ferro, Swartzmiller, Martin, Jones,
Storch, Ennis and Romine:
H. B. 3026 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17-2A-24, relating to roads and highways; additional powers of
the Commissioner of Highways relating to entering into agreements or issue permits to protect the
care and maintenance of certain highways used in natural gas and oil production; and authorizing
emergency legislative rules"; to the Committee on Roads and Transportation then Finance.
By Delegates Stowers, Butcher, R. Phillips, Hall, Rodighiero, Manchin, Frazier, L.
Phillips, Perry and Barker:
H. B. 3027 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-7b; and to amend and reenact §29-3-24 of said code, all
relating to authorizing the sale of prohibited fireworks; requiring the sales tax on fireworks to be ten
percent; and establishing a special fund that distributes the firework sales tax proceeds equally to
each West Virginia volunteer fire department"; to the Committee on Government Organization then
Finance.
By Delegates Perdue, Fleischauer, Marshall, Williams, Hatfield, Walters, Guthrie,
Lawrence, Ellington and Pasdon:
H. B. 3028 - "A Bill to amend and reenact §48-25A-1, §48-25A-2 and §48-25A-3 of the
Code of West Virginia, 1931, as amended, all relating to expanding the responsibilities of the
Maternal Mortality Review Team to include infant mortality reviews; and renaming it the Infant and
Maternal Mortality Review Team"; to the Committee on Health and Human Resources then Finance.
By Delegates L. Phillips, Frazier, Miley, Brown, Caputo, Longstreth, Moore, Skaff,
Ellem, Hamilton and Sobonya:
H. B. 3029 - "A Bill to amend and reenact §61-3C-14a of the Code of West Virginia, 1931,
as amended, and to amend and reenact §61-8-16 of said code, all relating to crimes using computers,
telephones and electronic communications devices; creating offenses for the unlawful transmission
of obscene, anonymous, harassing and threatening communications and data by mobile phone,
personal digital assistant or other electronic communications device; clarifying provisions pertaining
to the unlawful obscene, anonymous, harassing and threatening communications by traditional voice
communication by telephone; creating a felony offense for certain repeat offenses using a computer,
mobile phone or other electronic communications device; and establishing criminal penalties"; to
the Committee on the Judiciary then Finance.
By Delegates Fleischauer, Marshall, Doyle, Barill, Lawrence, Manchin, Pasdon, Storch,
Hatfield, Staggers and Duke:
H. B. 3030 - "A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as
amended, relating to increasing the number of municipalities that may participate in the Municipal
Home Rule Pilot Program; providing that if the two legislative members of the Municipal Home
Rule Board permit designees to sit in their place, those persons sit
ex officio; and extending certain
deadline dates"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Morgan and Hatfield:
H. B. 3031 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-1-20, relating to authorizing professional licensing boards to
obtain criminal history record checks; authorizing boards to obtain criminal history information on license applicants and licensees; providing the board rule-making authority to establish procedures";
to the Committee on Government Organization then the Judiciary.
By Delegates Miley and Ferro
[By Request of the Secretary of State's Office]:
H. B. 3032 - "A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as
amended, relating to emergency powers of the Secretary of State"; to the Committee on the
Judiciary.
By Delegates White, Kominar, T. Campbell, Perry and Varner:
H. B. 3033 - "A Bill to amend and reenact §9-2-9b of the Code of West Virginia, 1931, as
amended, relating to human services; and contract procedure for the Medicaid program"; to the
Committee on the Judiciary.
By Delegates Iaquinta, Crosier, Fragale, M. Poling, Barker, Duke, White, Ferro,
Azinger and Miley:
H. B. 3034 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-39, relating to recognizing outstanding students who are top
achievers in scholastic studies"; to the Committee on Education then Finance.
By Delegates Paxton, Smith, Butcher, M. Poling, Martin, Mahan, Walker, Shaver and
Stowers:
H. B. 3035 - "A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931,
as amended, relating to preventing teachers from being assigned additional responsibilities during
planning period without teacher's consent"; to the Committee on Education then the Judiciary.
By Delegates Lawrence, Ferro and Miley
[By Request of the Secretary of State's Office]:
H. B. 3036 - "A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to
amend and reenact §3-2-5, §3-2-6, §3-2-7, §3-2-10, §3-2-18 and §3-2-30 of said code; and to amend
said code by adding thereto a new section, designated §3-2-6a, all relating generally to voter
registration; permitting electronically transmitted signatures; permitting an electronic voter
registration system; permitting certain persons to register up to and including the day of an election;
extending the time for certain persons to register in person; requiring the Secretary of State to adopt
certain procedures; establishing criminal penalties for any person who exerts improper influence
over or intimidate another person regarding his or her right to register; and establishes criminal
penalties for any person who copies certain information in the signed voter registration application
of another person"; to the Committee on the Judiciary then Finance.
By Delegates Marshall, Longstreth, Lane, Moore, Hamilton, Hunt and Staggers:
H. B. 3037 - "A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as
amended; to amend and reenact §49-6-3 of said code; and to amend and reenact §61-8D-3, all
relating to conduct and circumstances of child abuse; creating crime and criminal penalties for drug
and alcohol abuse during pregnancy resulting in diagnosed harm to infant"; to the Committee on the
Judiciary then Finance.
By Delegates Barker, Lawrence, Ferro, Frazier and Miley
[By Request of the Secretary of State's Office]:
H. B. 3038 - "A Bill to amend and reenact §3-1-9, §3-1-21, §3-1-31, §3-1-34, §3-1-35 and
§3-1-50 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-5-7, §3-5-8, §3-
5-13a, §3-5-21, §3-5-23 and §3-5-24 of said code; to amend and reenact §3-6-4a of said code; to amend and reenact §3-8-1a and §3-8-5a of said code; to amend and reenact §3-9-6 of said code; to
amend and reenact §8-5-14; and to amend and reenact §59-3-3 of said code, all relating to the
clarification of inconsistences in the election code and the elimination of obsolete and outdated
language
"; to the Committee on the Judiciary then Finance.
By Delegates Hatfield, Poore, Lawrence, Moye, Paxton, Shaver, Ellem, Guthrie,
Pethtel, Butcher and Caputo:
H. B. 3039 - "A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West
Virginia, 1931, as amended, all relating to clarifying the definition of a school 'cook'; replacing the
different classifications for cooks with a single classification; increasing the salary for the cook
position; and granting an additional increase in salaries for cooks and cafeteria managers who obtain
college credits in child nutrition"; to the Committee on Education then Finance.
By Delegates Skaff, T. Campbell, Walters, Guthrie, Kominar, Poore and Brown:
H. B. 3040 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and
§11-6L-7; and to amend said code by adding thereto a new article, designated §11-13BB-1, §11-
13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-
13BB-9, §11-13BB-10, §11-13BB-11, §11-13BB-12, §11-13BB-13, §11-13BB-14, §11-13BB-15,
§11-13BB-16, §11-13BB-17 and §11-13BB-18, all relating generally to the West Virginia
Innovation Free Trade Act of 2011, consisting of the Twenty-First Century Business Technologies
Property Valuation Act and, as to such act, specifying method for valuation of certain property;
providing for application to county assessors by specified date; providing procedure for protest and
appeal of determination by county assessor; requiring the West Virginia Development Office to report to the Joint Committee on Government and Finance on the economic impact of such valuation
beginning in 2016; and specifying effective date; and consisting of the West Virginia Twenty-First
Century Tax Credit Act and, as to such act, providing short title, setting forth purpose and legislative
findings; defining terms; allowing credit and exemption from certain taxes; providing for
computation of credit, application of credit and period for which credit is allowed; requiring
application to claim credit; requiring that new jobs be good-paying jobs with health benefits;
requiring identification of investment credit property and recomputation of credit in event of
premature disposition of investment property; providing for forfeiture of unused tax credits and
redetermination of credit allowed; imposing recapture tax under specified circumstances to recover
states taxes and property taxes; allowing transfer of qualified investment to successors; providing
rules for interpretation and construction of act; providing for tax credit review and accountability;
specifying effective date; and providing severability clause"; to the Committee on Energy, Industry
and Labor, Economic Development and Small Business then Finance.
By Delegates Fleischauer, Longstreth, Caputo, Pino, Manchin, Mahan, Guthrie, Doyle,
Brown, Poore and C. Miller:
H. B. 3041 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §53-8-101, §53-8-201, §53-8-202, §53-8-203, §53-8-204, §53-8-
205, §53-8-301, §53-8-302, §53-8-303, §53-8-304, §53-8-305, §53-8-306, §53-8-307, §53-8-308,
§53-8-309, §53-8-310, §53-8-311, §53-8-401, §53-8-501, §53-8-502, §53-8-503, §53-8-504, §53-8-
505, §53-8-506, §53-8-507, §53-8-508, §53-8-601, §53-8-701, §53-8-801, §53-8-802, §53-8-901,
§53-8-902, §53-8-903, §53-8-904, §53-8-1001, §53-8-1101, §53-8-1102 and §53-8-1103; and to
amend and reenact §62-1C-17c of said code, all relating to the protection of nonfamily or nonhousehold members from sexual offenses, stalking and harassment including criminal charges
and penalties"; to the Committee on the Judiciary then Finance.
By Delegates Walters, Manypenny, Martin, Caputo, Barker and Manchin
[By Request of the Division of Environmental Protection]:
H. B. 3042 - "A Bill to repeal §22-6-41 of the Code of West Virginia, 1931, as amended;
to repeal §22C-7-1, §22C-7-2 and §22C-7-3 of said code; to amend and reenact §22-6-1, §22-6-2,
§22-6-3, §22-6-4, §22-6-5, §22-6-6, §22-6-7, §22-6-8, §22-6-9, §22-6-10, §22-6-11, §22-6-12, §22-
6-13, §22-6-14, §22-6-15, §22-6-16, §22-6-17, §22-6-18, §22-6-19, §22-6-20, §22-6-21, §22-6-22,
§22-6-23, §22-6-24, §22-6-25, §22-6-26, §22-6-27, §22-6-28, §22-6-29, §22-6-30, §22-6-31, §22-6-
32, §22-6-33, §22-6-34, §22-6-35, §22-6-36, §22-6-37, §22-6-38, §22-6-39 and §22-6-40 of said
code; to amend and reenact §22-7-3 of said code; to amend and reenact §22C-8-2 and §22C-8-4 of
said code; to amend and reenact §22C-9-1, §22C-9-2, §22C-9-3 and §22C-9-4 of said code; and to
amend said code by adding thereto a new section, designated §22C-9-7a, all relating to the
regulation of oil and gas wells; oil and gas production damage compensation; the shallow gas well
review board; the conservation commission; the pooling of gas from horizontal shallow wells; and
increasing civil penalties"; to the Committee on the Judiciary then Finance.
By Delegates Moye, Skaff, Kominar, Smith, Hall, O'Neal, Varner, Ferns, Miley, White
and Snuffer:
H. B. 3043 - "A Bill to amend and reenact §16-5-21 of the Code of West Virginia, 1931, as
amended, relating to the creation of fetal death reporting; and creation of the Grieving Parents Act";
to the Committee on Finance.
By Delegates D. Poling, Frazier, Miley, Brown, Caputo, Longstreth, Moore, Skaff, Ellem, Hamilton and Sobonya:
H. B. 3044 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-
14-7 and §61-14-8, all relating to civil forfeiture actions related to criminal activity; establishing
general rules and procedures for civil forfeiture proceedings for crimes of fraud; authorizing civil
proceedings pertaining to property and assets used in, acquired, gained or flowing from various
criminal fraudulent activities; providing definitions; statement of purpose of forfeitures for certain
offenses of fraud; property subject to forfeiture; provisional title to property subject to forfeiture;
seizure of property; seizure and disposition of forfeited and other property; interference with or
diminishing forfeitable property; providing right to trial by jury; care of property in law-enforcement
custody; sale of forfeited property, application of proceeds and forfeiture funds; and providing
exceptions"; to the Committee on the Judiciary then Finance.
House Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted:
S. C. R. 2, Requesting DOH name County Routes 1 and 3 "Glen Rogers Coal Miner
Memorial Highway",
S. C. R. 3, Requesting DOH name bridge in Pendleton County "Korean War Veterans
Bridge",
S. C. R. 8, Requesting DOH name segment of U. S. Route 33 "Sergeant Clinton M. Hedrick
and World War II Veterans Memorial Highway",
And,
S. C. R. 9, Requesting DOH name bridge on U. S. Route 220 in Smoke Hole, Pendleton
County, "Pendleton County Vietnam Veterans Memorial Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Third Reading
Com. Sub. for S. B. 200, Correcting names of state institutions of higher education; 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. 55),
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: T. Campbell, C. Miller and Romine.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 200) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 200 - "A Bill to amend and reenact §18B-1-2 and §18B-2A-1 of the
Code of West Virginia, 1931, as amended, correcting names of certain state institutions of higher
education."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 56), 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: T. Campbell, C. Miller and Romine.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for S. B. 200) takes effect from its passage.
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 H. B. 2503, Authorizing Board of Barbers and Cosmetologists to require
licensees to provide government identification; 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. 57),
and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Evans and Savilla.
Absent and Not Voting: T. Campbell, C. Miller and Romine.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2503) 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 H. B. 2750, Adding consideration of sexual assault in issuing an order to
temporarily or permanently end a parent-child relationship; 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. 58),
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: T. Campbell, C. Miller and Romine.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2750) passed.
On motion of Delegate Moore, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2750 - "A Bill to amend and reenact §49-6-3 and §49-6-5 of the Code
of West Virginia, 1931, as amended, all relating to criminal acts of a parent that a judge may
consider before issuing an order to temporarily or permanently end a parent-child relationship."
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 H. B. 2752, Increasing the maximum age for persons applying for
appointment for the police force in a Class I or Class II city from thirty-five to forty years; 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. 59),
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: T. Campbell, C. Miller and Romine.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2752) 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 H. B. 2860, Authorizing the promulgation of rules by the Governor's Committee on Crime, Delinquency and Correction; 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. 60),
and there were--yeas 94, nays 3, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Lane and Walters.
Absent and Not Voting: T. Campbell, C. Miller and Romine.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2860) 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 H. B. 2919, Correcting the name of West Liberty University; on third
reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
Second Reading
Com. Sub. for H. B. 2864, Creating of a misdemeanor crime of unlawful restraint called
Selena's Law; on second reading, coming up in regular order, was read a second time and ordered
to engrossment and 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:
Com. Sub. for H. B. 2368, Relating to the practice of beauty care,
Com. Sub. for H. B. 2663, Requiring at least one commissioner be present before a hearing may be conducted on public utility matters,
H. B. 2708, Removing a twelve-month limitation for certain agreements between or among
law- enforcement agencies,
Com. Sub. for H. B. 2757, Providing for evaluation of professional personnel in the public
schools,
Com. Sub. for H. B. 2787, Transferring licensure for private security services from the
Secretary of State to the Division of Criminal Justice Services,
H. B. 2871, Relating to Bonfield Economic Development districts,
And,
Com. Sub. for H. B. 2936, Changing the date of the canvassing of votes in a primary
election.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates T. Campbell, C. Miller and Romine.
Remarks by Members
Delegate Carmichael addressed the House regarding the Secretary of State and the recent
emergence of certain educational material from her office.
Delegate Sobonya also addressed the House regarding
H. B. 2846, Prohibiting elected or
appointed officials from using public funds to purchase, distribute or disseminate certain items and
publications.
At the conclusion of their remarks, Delegate Andes asked and obtained unanimous consent
that the remarks of Delegates Carmichael and Sobonya be included in the Appendix to the Journal.
Miscellaneous Business
Delegate Azinger announced that he was absent on Friday, February 4, 2011 when the votes
were taken on Roll Nos. 49, 50, 51 and 52, and that had he been present, he would have voted "Yea"
thereon. He also announced that had he been present on Roll Nos. 53 and 54, he would have voted
"Nay" thereon.
At 11:33 a.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 8,
2011.