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House Journal


Day 60 (03-12-2011) - [PDF]
Day 65 (03-17-2011) - [PDF]
Day 64 (03-16-2011) - [PDF]
Day 63 (03-15-2011) - [PDF]
Day 62 (03-14-2011) - [PDF]
Day 61 (03-13-2011) - [PDF]
Day 59 (03-11-2011) - [PDF]
Day 58 (03-10-2011) - [PDF]
Day 57 (03-09-2011) - [PDF]
Day 56 (03-08-2011) - [PDF]
Day 55 (03-07-2011) - [PDF]
Day 52 (03-04-2011) - [PDF]
Day 51 (03-03-2011) - [PDF]
Day 50 (03-02-2011) - [PDF]
Day 49 (03-01-2011) - [PDF]
Day 48 (02-28-2011) - [PDF]
Day 45 (02-25-2011) - [PDF]
Day 44 (02-24-2011) - [PDF]
Day 43 (02-23-2011) - [PDF]
Day 42 (02-22-2011) - [PDF]
Day 41 (02-21-2011) - [PDF]
Day 38 (02-18-2011) - [PDF]
Day 37 (02-17-2011) - [PDF]
Day 35 (02-15-2011) - [PDF]
Day 34 (02-14-2011) - [PDF]
Day 31 (02-11-2011) - [PDF]
Day 30 (02-10-2011) - [PDF]
Day 29 (02-09-2011) - [PDF]
Day 28 (02-08-2011) - [PDF]
Day 27 (02-07-2011) - [PDF]
Day 24 (02-04-2011) - [PDF]
Day 23 (02-03-2011) - [PDF]
Day 22 (02-02-2011) - [PDF]
Day 21 (02-01-2011) - [PDF]
Day 20 (01-31-2011) - [PDF]
Day 17 (01-28-2011) - [PDF]
Day 16 (01-27-2011) - [PDF]
Day 15 (01-26-2011) - [PDF]
Day 14 (01-25-2011) - [PDF]
Day 13 (01-24-2011) - [PDF]
Day 10 (01-21-2011) - [PDF]
Day 09 (01-20-2011) - [PDF]
Day 08 (01-19-2011) - [PDF]
Day 07 (01-18 2011) - [PDF]
Day 06 (01-17 2011) - [PDF]
Day 03 (01-14-2011) - [PDF]
Day 02 (01-13-2011) - [PDF]
Day 01 (01-12-2011) - [PDF]
Day 36 (02-16-2011) - [PDF]
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.

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