hdj2011-02-10-30
__________*__________
Thursday, February 10, 2011
THIRTIETH 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 Wednesday, February 9, 2011, being the first
order of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates T. Campbell and Canterbury offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 59 - " Requesting Acting Governor Earl Ray Tomblin to communicate further with the Congressional Delegation from the State of West Virginia to ask the United States Department
of State to make certain demands on the government of the United Arab Emirates."
Whereas, The Government of Abu Dhabi, United Arab Emirates is in arrears on certain of
its sovereign obligations; and
Whereas, Some West Virginians are in possession of bonds issued by the Government of
Abu Dhabi, bonds that are now in arrears and at risk of default; and
Whereas, Repayment of these bonds by the Government of Abu Dhabi would result in
significant tax revenues to the State of West Virginia, and also return investors' capital for
reinvestment in significant new projects in West Virginia; and
Whereas, Members of the West Virginia Congressional Delegation have attempted to
resolve this matter with the Embassy of the United Arab Emirates in Washington, D.C. but without
result; therefore, be it
Resolved by the Legislature of West Virginia:
That Acting Governor Ray Tomblin be requested to communicate further to the West
Virginia Congressional Delegation; and, be it
Further Resolved, That, pursuant to the United States Constitution, Article 1, Section 8,
Paragraph 3, which bestows on the United States Congress the duty to regulate commerce with
foreign nations, the Congressional Delegation from the State of West Virginia should renew their
resolve and ask their Congressional colleagues and every United States legislator, on a bipartisan
basis, to ask the United States Department of State to demand that the government of the United
Arab Emirates honor and pay their sovereign financial obligations that are guaranteed by the
Government of Abu Dhabi as evidenced by bonds signed by their own officials.
Delegates White, Michael, Anderson, Andes, Armstead, Ashley, Azinger, Barill, Barker,
Boggs, Border, Brown, Butcher, D. Campbell, Canterbury, Carmichael, Crosier, Doyle, Ellington,
Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Gearheart, Guthrie, Hall, Hartman, Hatfield,
Howell, Hunt, Iaquinta, Kominar, Lane, Lawrence, Mahan, Manchin, Manypenny, Marshall, Martin,
Miley, Moore, Morgan, Moye, Nelson, O'Neal, Paxton, Perdue, Perry, Pethtel, L. Phillips, R.
Phillips, Pino, D. Poling, M. Poling, Poore, Rodighiero, Rowan, Shaver, Sigler, Skaff, Smith,
Staggers, Stephens, Storch, Stowers, Talbott, Varner, Walker, Walters, Wells and Williams offered
the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Requesting the Division of Highways to name bridge number 16-55-13.76 on
Corridor H in Moorefield, Hardy County, West Virginia the 'Richard Lee "Dickie" Moyers Veterans
Memorial Bridge'."
Whereas, Generations of West Virginians have answered the call to stand up and fight for
our freedom and Dickie Moyers was one of those brave souls; and
Whereas, Dickie Moyers was born and raised in Hardy County, West Virginia on a farm
near Moorefield; and
Whereas, The location of this bridge is where his family lived and worked the land where
he learned lessons about life, family, country and other fundamental lessons; and
Whereas, His family was hard working and instilled in him a love of God, the land, the
State of West Virginia and the United States of America; and
Whereas, Private First Class Richard Lee Moyers, F CO, 2nd BN, 5th Marines, 1st Marine
Division, III MAF served his country and with his fellow Marines stood in defense of our freedom
and the freedoms of people who could not do so on their own; and
Whereas, At just 20 years of age Dickie Moyers would pay the ultimate cost of freedom in
Quang Nam Province, South Vietnam on November 11, 1968; and
Whereas, America continues to be strong because of their commitment to the cause of
freedom; and
Whereas, People in the community still remember his face, laugh, touch and great smile;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 16-55-
13.76 on Corridor H in Moorefield, Hardy County, West Virginia the "Richard Lee 'Dickie' Moyers
Veterans Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying bridge number 16-55-13.76 the "Richard Lee 'Dickie' Moyers 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 family of Dickie Moyers and the Secretary of the Department of Transportation.
Delegates Iaquinta, Fragale, Lane, Walters, Anderson, Andes, Armstead, Ashley, Barill,
Barker, Boggs, Border, Brown, Butcher, D. Campbell, T. Campbell, Canterbury, Carmichael, Craig,
Doyle, Ellem, Ellington, Ennis, Evans, Ferns, Ferro, Fleischauer, Frazier, Gearheart, Givens,
Guthrie, Hall, Hamilton, Hatfield, Howell, Hunt, Ireland, Lawrence, Mahan, Manypenny, Marshall,
Martin, Morgan, Moye, Nelson, O'Neal, Pasdon, Paxton, Perry, L. Phillips, R. Phillips, Pino, D.
Poling, M. Poling, Poore, Reynolds, Rodighiero, Romine, Rowan, Savilla, Shaver, Sigler, Skaff,
Snuffer, Sobonya, Staggers, Stephens, Storch, Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Wells, White and Williams offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 61 - "Requesting the Division of Highways to name the bridge on U.S. Route 119,
one and one-half miles north of Clendenin at the Thorofare Road Junction, number 20-59-0.01, in
Clendenin, Kanawha County, West Virginia, the "Smith Brothers Bridge."
Whereas, Five Smith brothers from Kanawha County, West Virginia served in the United
States Army during WWII. The sons of Ralph and Maggie Smith of Clendenin their service to their
nation began in April 1941, when Wilton Russell Smith, born December 1, 1915, was inducted,
serving with the 150 Infantry thirty-five months patrol at the Panama Canal. He received his
honorable discharge October 4, 1945. Floyd Jacob Smith, born February 14, 1920, entered service
in April, 1942 with the Second Infantry Division, serving in Ireland, England and France. He
received his honorable discharge December 3, 1945. Fred Ervin Smith, born January 24, 1922,
entered service in October 1942 and headed for the South Pacific with the 5
th Air Force. He received
his honorable discharge December 31, 1945. Ralph Burton Smith, Jr., born January 3, 1911, entered
the service in December, 1942 and was assigned to the 786 Tank Battalion serving in England,
Belgium, Germany and France. He received his honorable discharge October 30, 1945. David Grant
Smith, born August 29, 1907, entered the service in 1944 and served as an MP guarding German
prisoners in Alabama. He received his honorable discharge February 5, 1945. Brother Fred received
a wound in France and awarded the Purple Heart. He and the other brothers received ribbons and
medals commensurate with the theaters they served. Wilton's son, Bill, and Ralph's son Danny
served during the Vietnam War; and
Whereas, The Smith Brothers, who are still living and range in ages from 67 years to 82 years, all retired from Union Carbide with over one hundred fifty years total service; and
Whereas, The Smith Brothers willing, gallantly and proudly served their country during
WWII and have given much to their community and state. And fortunately, unlike many young men
who served during this period of our history, they returned home safely, for which their family and
community is grateful. The patriotic act of five brothers entering the Armed Forces of the United
States in a time of world war, while not unique, is remarkable and their service to protecting the
principles upon which this country was built and their service to their community and state should
not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on U.S. Route 119,
one and one-half miles north of Clendenin at the Thorofare Road Junction, number 20-59-0.01, in
Clendenin, Kanawha County, West Virginia, the "Smith Brothers 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 "Smith Brothers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the five Smith Brothers and the Secretary of the Department of Transportation.
Delegates Williams and Shaver offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 62 - "Requesting the Division of Highways to name bridges number 39A 104 and
39A 112 on I-68 in Bruceton Mills, West Virginia the 'Rick Howard Sanders Memorial Bridge'."
Whereas, Mr. Sanders was born October 30, 1947 to Mary I. Lantz Sanders and the late
Virgil H. Sanders of Terra Alta; and
Whereas, Mr. Sanders grew up in Terra Alta, West Virginia; and
Whereas, Mr. Sanders began working as a mechanic for the West Virginia Department of
Highways in September of 1971; and
Whereas, Mr. Sanders died on June 4, 2008 as a result of injuries sustained in an accident
at the Cooper's Rock State Road Garage; and
Whereas, Mr. Sanders was survived by his wife of forty years, Wilda Loughry Sanders, two
daughters Charlotte Sanders of Terra Alta and Ginger Busselman of Canal Fulton, Ohio, three
grandchildren Tyson George of Tera Alta, and Nicholas and Ethan Busselman of Canal Fulton, Ohio;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridges number 39A 104 and
39A 112 on I-68 in Bruceton Mills the "Rick Howard Sanders Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridges as the "Rick Howard Sanders Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the family of Rick Howard Sanders and the Secretary of the Department of
Transportation.
Delegates Caputo, Manchin, Longstreth, Fragale, Miley, Iaquinta, Cann and Manypenny
offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 63 - "Requesting that the portion of Route 273 between the Veterans Memorial
Bridge and the intersection at the Robert 'Bob' Mollohan Bridge from Interstate 79 into Fairmont,
Marion County, West Virginia be named the 'Alan B. Mollohan Gateway'."
Whereas, Alan B. Mollohan was born in Fairmont and attended the Greenbrier Military
School, graduated from the College of William and Mary and received his law degree from the West
Virginia University; and
Whereas, Alan B. Mollohan has been a lawyer in private practice, served in the United
States Army Reserves from 1970 to 1983 and was a delegate to the Democratic National Convention
in 1968, 1972 and 1976; and
Whereas, Alan B. Mollohan was the U.S. Representative for West Virginia's First
Congressional District from 1983 until 2011; and
Whereas, Alan B. Mollohan served on the House Appropriations Committee and was
ranking Democrat on the Ethics Committee during his tenure in Congress; and
Whereas, Alan B. Mollohan also served on the Subcommittee on Commerce, Justice,
Science and Related Agencies as its Chairman, the Subcommittee on Homeland Security, and the
Subcommittee on Interior, Environment and Related Agencies; and
Whereas, Alan B. Mollohan served his country and his state with honor and distinction and
has been instrumental to West Virginia's economic well-being; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that portion of Route 273
between the Veterans Memorial Bridge and the intersection at the Robert "Bob" Mollohan Bridge
from Interstate 79 into Fairmont in Marion County, West Virginia the "Alan B. Mollohan Gateway";
and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the road containing bold and prominent letters proclaiming the road the "Alan B. Mollohan Gateway"; 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 Alan B. Mollohan.
Delegate Poore offered the following resolution, which was read by the Clerk as follows:
H. C. R. 64 - "Requesting the Governor to take suitable public notice on Saturday, August
27, 2011, and on the fourth Saturday of August of each succeeding year thereafter, of 'First
Responders Appreciation Day', in honor, recognition and appreciation of all police officers and
firefighters of West Virginia and their families.
Whereas, Police officers and firefighters are first responders to calls for help in a wide
variety of emergencies, ranging from crimes, disturbances, floods, fires, snow storms, wrecks and
hazardous materials spills, to lost children and beloved pets in need of rescue; and
Whereas, Police officers and firefighters endure long hours of arduous work and training
to serve the people of West Virginia; and
Whereas, Services offered by police officers and firefighters are vital to the health, welfare
and safety of all the state's citizens; and
Whereas, During emergencies in the state, police officers and firefighters suffer prolonged
discomfort and frequently risk their lives to protect the lives and property of their fellow citizens;
and
Whereas, The hardships, dangers and long hours away from home endured by police
officers and firefighters cause loving family members of police officers and firefighters to bear many
sacrifices and hardships; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is hereby requested to take suitable public notice on Saturday, August 27,
2011, and on the fourth Saturday of August of each succeeding year thereafter, of "First Responders
Appreciation Day", in honor, recognition and appreciation of all West Virginia police officers and
firefighters and their families; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this
resolution to the Superintendent of the West Virginia State Police, the Executive Director of the
West Virginia Sheriff's Association, the President of the West Virginia Chief's of Police
Association, the President of the West Virginia State Fire Chief's Association, the President of the
West Virginia State Firemen's Association, the President of the West Virginia Professional Fire
Chief's Association and the President of the West Virginia Professional Firefighter's Association.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 64) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 2, The "James Paul Harrison WWII Memorial Bridge",
H. C. R. 12, The "Senator Homer K. Ball Memorial Road",
H. C. R. 18, The "SP4 Loyd Eugene Robinson Memorial Bridge",
H. C. R. 19, The "Capt. Jackie Lee Dickens, USAF, and PFC. Kent Howell, USMC,
Memorial Highway",
H. C. R. 20, The "Daniel M. Gunnoe Memorial Bridge",
H. C. R. 23, The "Howard 'Junkie' Masters Bridge",
H. C. R. 28, The "William Chapman 'Chap' Cook and Civil War Veterans Memorial
Highway",
H. C. R. 30, The "Brian Lester Browder Memorial Bridge",
H. C. R. 32, The "Ensign Melvin G. Livesay Memorial Bridge",
H. C. R. 47, The "James Ray Bailey Memorial Bridge",
H. C. R. 49, The "Veterans Memorial Bridge",
H. C. R. 51, The "Charlie Howard Mitchell Memorial Bridge",
H. C. R. 52, The "James A. Wright Memorial Bridge",
H. C. R. 53, The "Keene Memorial Bridge",
H. C. R. 55, The "PVT. Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial
Bridge",
And,
H. C. R. 57, The "Lance Corporal John Darrell Smith Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Butcher, from the Committee on Agriculture, submitted the following report,
which was received:
Your Committee on Agriculture has had under consideration:
H. B. 2683, Providing for aged or disabled farmers to continue to receive the benefit of
having their farm land appraised as farm property after they cease farming,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2683) was referred to
the Committee on Finance.
Chairman Talbott, from the Committee on Natural Resources submitted the following report,
which was received:
Your Committee on Natural Resources has had under consideration:
H. B. 2945, Reporting beaver and river otter taken and tagged,
And,
H. B. 2948,
Relating to electronic registration of wildlife,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2945 and H. B. 2948)
were each referred to the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 2884, Establishing a statute of limitations regarding claims involving manufactured
housing,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2884) was referred to
the Committee on the Judiciary.
Chairman Barker, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 2955, Authorizing the Division of Mining and Reclamation to assess certain fees to
coal mine operators,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2955) was referred to
the Committee on the Finance.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 2953, Relating to dedication of coalbed methane severance tax proceeds,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2953) was referred to the Committee on Finance.
Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 3003, Relating to leave of absence for members of the National Guard or Armed Forces
Reserves who are also public officials and employees,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3003) was referred to
the Committee on the Judiciary.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic
Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business
has had under consideration:
H. B. 2837, Authorizing an exemption from the consumers sales and service tax and use tax
for qualified purchases,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2837) was referred to
the Committee on Finance.
Chairman Iaquinta, from the Committee on Veterans' Affairs and Homeland Security,
submitted the following report, which was received:
Your Committee on Veterans' Affairs and Homeland Security has had under consideration:
H. B. 2761, Redesignating the Division of Veterans' Affairs as the Department of Veteran's
Assistance within the executive branch,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2761) was referred to
the Committee on Government Organization.
Chairman Perry, from the Committee on Banking and Insurance, submitted the following
report, which was received:
Your Committee on Banking and Insurance has had under consideration:
H. B. 2983, Relating to captive insurance,
And,
H. B. 2943, Clarifying that the Insurance Commissioner may designate the administrator of
the adverse risk plan,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2983 and H. B. 2943)
were each referred to the Committee on the Judiciary.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2921, Redefining final average salary,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2921) was referred to
the Committee on Finance.
Chairman Pethtel, from the Committee on Pensions and Retirement, submitted the following
report, which was received:
Your Committee on Pensions and Retirement has had under consideration:
H. B. 2939, Clarifying the definition of compensation for purposes of calculating required
contributions to the public employees retirement system,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2939) was referred to
the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2760, Revising the Municipal Economic Opportunity Development District Act,
And,
H. B. 2852, Relating to the West Virginia Tax Increment Financing Act,
And reports the same back with amendment, with the recommendation that they each do pass,
as amended, but that they first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2760 and H. B. 2852) were each referred to the Committee on Finance.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:
H. B. 2927, Removing outdated language from the code and requiring a county prosecuting
attorney to be full-time,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2927) was referred to
the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the
following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2802, Prohibiting use of turning lanes for through traffic under certain circumstances,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2802) was referred to
the Committee on the Judiciary.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2975, Providing for an alternative means for the initial purchaser of junked vehicles to notify the division,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2975) was referred to
the Committee on the Judiciary.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 265 - "A Bill to amend and reenact §62-12-17 of the Code of West
Virginia, 1931, as amended, relating to terms and conditions of release upon parole generally; and
authorizing Board of Parole, with the sentencing court's concurrence, to modify or waive restrictions
relating to residing with or visiting minors"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 438 - "A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as
amended, relating to the election of magistrates by division; providing that all magistrates will be
elected by division, at large from the entire county he or she serves; and requiring the Supreme Court
of Appeals to assign magistrates to divisions"; which was referred to the Committee on the Judiciary
then Finance.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Frazier and Lawrence:
H. B. 3087 - "A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as
amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a
new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers
employed by a West Virginia law-enforcement agency to receive certification to carry a concealed
firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004;
permitting and setting forth the requirements for prosecuting attorneys and assistant prosecuting
attorneys to carry concealed handguns pursuant to that act; establishing a procedure for a retired or
medically discharged member of the State Police to appeal a denial of a letter of authorization to
carry concealed handguns; providing that certain methods of authorization for retired or medically
discharged members of the State Police to carry concealed handguns are cumulative; providing that
a letter of authorization for a retired or medically discharged member of the State Police to carry
concealed handguns is considered a West Virginia concealed handgun license for the purpose of
participating in reciprocity with other states; providing that law-enforcement agencies are neither
prohibited from nor required to permit an officer to carry his or her service weapon off duty; and
requiring West Virginia law-enforcement agencies to offer access to training and certification for
honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified
retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of
2004"; to the Committee on the Judiciary then Finance.
By Delegates Manypenny and Fleischauer:
H. B. 3088 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §24-2G-1, §24-2G-2, §24-2G-3, §24-2G-4, §24-2G-5, §24-2G-6,
§24-2G-7, §24-2G-8, §24-2G-9 and §24-2G-10, all relating to energy efficiency for electric and gas
utilities and their customers; defining terms; establishing required energy efficiency programs and
plans; setting forth time tables; establishing targets and goals; identifying certain metering and grid
technologies; providing for revenue sharing; establishing penalties; providing for $600,000 in special
license fees for implementation purposes; and providing a self-direct option for large energy
customers"; to the Committee on Government Organization then Finance.
By Delegates Moye, Mahan, Kominar, Lawrence, Caputo, Doyle, Longstreth, Manchin,
Fleischauer and Frazier:
H. B. 3089 - "A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as
amended, relating to increasing the number of allowable magistrate court deputy clerks; and
designating those additional magistrate deputy clerks for Jefferson County, Monongalia County,
Nicholas County, Marion County and Raleigh County"; to the Committee on the Judiciary then
Finance.
By Delegates Martin and D. Poling:
H. B. 3090 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-13A-5b; and to amend said code by adding thereto a new
article, designated §17C-17C-1 and §17C-17C-2, all relating to oversight, care and maintenance of
certain highways used in natural gas and oil production, and protection of highway users, dedicating
a portion of the oil and gas severance tax for highway maintenance on certain roads, and the
development of legislative rules"; to the Committee on Roads and Transportation then Finance.
By Delegate Frazier:
H. B. 3091 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-16B-5, relating to review of health insurer rate changes; prior
approval of rate changes; public disclosure of proposed rate change; required materials to be
submitted in rate filings; standards for approving, modifying or disapproving rates; public comment
period; notice of approved rate change; hearings; and consumer advocate"; to the Committee on
Banking and Insurance then the Judiciary.
By Delegates Pethtel, Frazier, Duke, Givens, Marshall, Martin, Ferro, Hall, Guthrie
and Ennis:
H. B. 3092 - "A Bill to amend and reenact §5-10D-6 of the Code of West Virginia, 1931,
as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from
monthly benefits to retirees to pay association dues; permitting retiree associations to receive
increased dues by certifying to the Consolidated Public Retirement Board current increased dues
without retirees written approval; and requiring the Consolidated Public Retirement Board and other
public retirement systems to provide retiree associations or organizations lists of plan beneficiaries
and addresses for blind mailings purposes"; to the Committee on Pensions and Retirement then
Finance.
By Delegates Howell, Hartman, Hall, R. Phillips, Sobonya, Walker, Hamilton, Storch
and Skaff:
H. B. 3093 - "A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as
amended, relating to offenses occurring at the State Capitol Complex; carrying of weapons"; to the
Committee on the Judiciary.
By Delegates Smith, Jones, L. Phillips, D. Poling, Longstreth, Shaver, Walker, Fragale,
Caputo, Martin and Staggers:
H. B. 3094 - "A Bill to amend and reenact §9-2-6 of the Code of West Virginia, 1931, as
amended, relating to requiring the Secretary of the Department of Health and Human Services to use
existing department funds to develop a program to compensate employees for personal property loss
in work related incidents"; to the Committee on Government Organization then Finance.
By Delegates D. Poling, Anderson, Border, Manypenny, Guthrie, Ireland and Ellem:
H. B. 3095 - "A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as
amended, relating to livestock in dire or extreme condition"; to the Committee on Agriculture then
the Judiciary.
By Delegates D. Poling and Ellem:
H. B. 3096 - "A Bill to amend and reenact §30-29-5 of the Code of West Virginia, 1931, as
amended, relating to law-enforcement training and certification; consequences for failure to be
certified"; to the Committee on the Judiciary.
By Delegates Smith, Cann, Ferro, Longstreth, D. Poling, Shaver, Varner, Walker,
Martin, Michael and Rodighiero:
H. B. 3097 - "A Bill to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as
amended, relating to removing the armed conflict requirement before state employees may receive
credit for time served in the Armed Forces of the United States; and prohibiting those employees
who were not honorably discharged from receiving that credit"; to the Committee on Veterans'
Affairs and Homeland Security then Finance.
By Delegates Butcher, Stowers, Barker, Kominar, Varner and Fragale:
H. B. 3098 - "A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931,
as amended, relating to clarifying levels of West Virginia Greyhound Breeding Development Fund
payouts; and to provide funding for greyhound adoption and spay and neutering programs for West
Virginia whelped greyhounds"; to the Committee on Agriculture then Finance.
By Delegates Varner, Kominar, White, Pethtel, Ferro, Ennis, Ferns, Skaff, Storch,
Givens and Nelson:
H. B. 3099 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5B-2H-1 and §5B-2H-2; to amend said code by adding thereto a
new section, designated §11-1C-11c; to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-
4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to amend said code by adding there
a new section, designated §11-6D-9; to amend and reenact §11-6F-2 and §11-6F-3 of said code; to
amend said code by adding thereto a new section, designated §11-13A-5b; to amend and reenact
§11-13R-3 of said code; to amend and reenact §11-13S-3 of said code; to amend and reenact §11-15-
8d of said code; and to amend and reenact §24-2F-3 of said code, all relating generally to the
Marcellus Gas and Manufacturing Development Act of 2011, and as to such act, providing short title
and making legislative findings and declarations; amending and reinstating alternative-fuel motor
vehicle tax credit and providing credit for alternative-fuel refueling facilities and as to such making
legislative findings; stating legislative purpose; defining terms; allowing credit for purchase of
alternative-fuel motor vehicles, conversion of vehicles to alternative-fuel motor vehicles, and for
commercial and residential alternative fuel refueling facilities; providing for expiration of credits;
requiring Tax Commissioner to promulgate rules and design forms; providing for carryover of
unused credits and for recapture of credits; amending definition of manufacturing for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax
purposes; providing new rules for treatment of certified capital addition property; setting baseline
for oil and gas severance tax collections providing for excess distribution and deposit of excess
collections; amending definition of research and development purposes of strategic research and
development tax credit; amending definition of manufacturing for purposes of manufacturing
investment tax credit; providing additional exception to limitation on right to assert sales and use
tax exemptions; and clarifying meaning of natural gas for purposes of alternative and renewable
energy portfolio standard act"; to the Committee on Finance.
Special Calendar
Third Reading
Com. Sub. for H. B. 2693, Requiring insurance coverage for autism spectrum disorders; on
third reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.
The Clerk reported an amendment offered by Delegate White.
Whereupon,
Delegate White asked and obtained unanimous consent that the amendment be withdrawn.
The Clerk then reported a second amendment offered by Delegate White, amending the bill
on page nine, section seven, line one hundred twenty-one, following the words "
board certified
behavior analyst", by striking out the colon and the following words: "
Provided, That the annual
maximum benefit for applied behavioral analysis for autism spectrum disorder for individuals ages
three through six years required by this subdivision shall be in amount not to exceed $30,000 per
individual. For individuals ages seven through eighteen years, coverage for applied behavior analysis
shall be in an amount not to exceed $1,000 per month, as long as the treatment is medically
necessary and in accordance with a treatment plan developed by a licensed physician or licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual" followed by
a period, and inserting in lieu thereof the following words: "
or applied behavior analysis tutor who
is not an parent, grandparent or sibling of individual under the supervision of a board certified
behavior analyst: Provided, That the annual maximum benefit for applied behavioral analysis
required by this subdivision shall be in amount not to exceed $30,000 per individual, for three
consecutive years from the date of diagnosis of autism spectrum disorder. At the conclusion of the
third year after a diagnosis, required coverage for applied behavior analysis shall be in an amount
not to exceed $2,000 per month, until the individual reaches eighteen years of age, as long as the
treatment is medically necessary and in accordance with a treatment plan developed by a licensed
physician or licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the
individual" followed by a period,
On page eleven, section seven, line one hundred fifty-seven, by striking the character "
(1)"
at the beginning of the subparagraph and inserting in lieu thereof the character "
(i)",
On page eleven, section seven, following line one hundred sixty-three, by inserting a new
subparagraph to read as follows:
"
(ii) 'Applied Behavior Analysis Tutor' means an individual who has completed at least forty
hours of classroom training in applied behavior analysis techniques in accordance with the Behavior
Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, undergone
a criminal background check, and
(I) Completed a minimum of twelve semester hours of college course work in psychology,
education, social work, behavioral sciences, human development or related field, and be currently
enrolled in a course of study leading to an associates degree by an accredited college or university;
or
(II) Completed a minimum of forty-eight semester hours of college course in an accredited
college or university; or
(III) A high school diploma or GED equivalent and have completed five hundred hours of
employment providing applied behavior analysis, as verified by a board certified behavior analyst"
and a period, and redesignating the remaining subparagraphs in paragraph (C) as subparagraphs (iii)
and (iv) and a comma."
On page fourteen, section six-e, line fourteen, following the words "
board certified behavior
analyst", by striking out the colon and the following words: "
Provided, That the annual maximum
benefit for applied behavioral analysis for autism spectrum disorder for individuals ages three
through six years required by this subdivision shall be in amount not to exceed $30,000 per
individual. For individuals ages seven through eighteen years, coverage for applied behavior analysis
shall be in an amount not to exceed $1,000 per month, as long as the treatment is medically
necessary and in accordance with a treatment plan developed by a licensed physician or licensed
psychologist pursuant to a comprehensive evaluation or reevaluation of the individual"and the
period, and inserting in lieu thereof the following words: "
or applied behavior analysis tutor who is
not a parent, grandparent or sibling of the individual under the supervision of a board certified
behavior analyst: Provided, That the annual maximum benefit for applied behavioral analysis
required by this subdivision shall be in amount not to exceed $30,000 per individual, for three
consecutive years from the date of diagnosis of autism spectrum disorder. At the conclusion of the
third year after a diagnosis, required coverage for applied behavior analysis shall be in an amount
not to exceed $2,000 per month, until the individual reaches eighteen years of age, as long as the
treatment is medically necessary and in accordance with a treatment plan developed by a licensed
physician or licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual",
On page seventeen, section six-e, following line fifty-seven, by inserting a new subdivision
to read as follows:
"
(2) 'Applied Behavior Analysis Tutor' means an individual who has completed at least forty
hours of classroom training in applied behavior analysis techniques in accordance with the Behavior
Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, undergone
a criminal background check and
(A) Completed a minimum of twelve semester hours of college course work in psychology,
education, social work, behavioral sciences, human development or related field, and be currently
enrolled in a course of study leading to an associates degree by an accredited college or university;
or
(B) Completed a minimum of forty-eight semester hours of college course in an accredited
college or university; or
(C) A high school diploma or GED equivalent and have completed five hundred hours of
employment providing applied behavior analysis, as verified by a board certified behavior analyst."
and redesignating the remaining subdivisions in subsection (c) as subdivisions (3) and (4),"
On page twenty, section four-k, line one, following the words "
board certified behavior
analyst" by striking out the colon and the following words: "
Provided, That the annual maximum
benefit for applied behavioral analysis for autism spectrum disorder for individuals ages three
through six years required by this subdivision shall be in amount not to exceed $30,000 per
individual. For individuals ages seven through eighteen years, coverage for applied behavior analysis
shall be in an amount not to exceed $1,000 per month, as long as the treatment is medically
necessary and in accordance with a treatment plan developed by a licensed physician or licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual.", and
inserting in lieu thereof the following words: "
or applied behavior analysis tutor who is not a parent,
grandparent or sibling the individual under the supervision of a board certified behavior analyst:
Provided, That the annual maximum benefit for applied behavioral analysis required by this
subdivision shall be in amount not to exceed $30,000 per individual, for three consecutive years from
the date of diagnosis of autism spectrum disorder. At the conclusion of the third year after a
diagnosis, required coverage for applied behavior analysis shall be in an amount not to exceed
$2,000 per month, until the individual reaches eighteen years of age, as long as the treatment is
medically necessary and in accordance with a treatment plan developed by a licensed physician or
licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual.",
On page twenty-one, section four-k, following line forty-eight, by inserting a new subdivision
to read as follows:
"
(2) 'Applied Behavior Analysis Tutor' means an individual who has completed at least forty
hours of classroom training in applied behavior analysis techniques in accordance with the Behavior
Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, undergone
a criminal background check and
(A) Completed a minimum of twelve semester hours of college course work in psychology,
education, social work, behavioral sciences, human development or related field, and be currently
enrolled in a course of study leading to an associates degree by an accredited college or university;
or
(B) Completed a minimum of forty-eight semester hours of college course in an accredited
college or university; or
(C) A high school diploma or GED equivalent and have completed five hundred hours of employment providing applied behavior analysis, as verified by a board certified behavior analyst."
and redesignating the remaining subdivisions in subsection (b)as subdivisions (3) and (4)",
On page twenty-three, section three-v, line fifteen, following the words "
board certified
behavior analyst", by striking out the colon and the following words: "
Provided, That the annual
maximum benefit for applied behavioral analysis for autism spectrum disorder for individuals ages
three through six years required by this subdivision shall be in amount not to exceed $30,000 per
individual. For individuals ages seven through eighteen years, coverage for applied behavior analysis
shall be in an amount not to exceed $1,000 per month, as long as the treatment is medically
necessary and in accordance with a treatment plan developed by a licensed physician or licensed
psychologist pursuant to a comprehensive evaluation or reevaluation of the individual.", and
inserting in lieu thereof the following words: "
or applied behavior analysis tutor who is not a parent,
grandparent or sibling of the individual under the supervision of a board certified behavior analyst:
Provided, That the annual maximum benefit for applied behavioral analysis required by this
subdivision shall be in amount not to exceed $30,000 per individual, for three consecutive years from
the date of diagnosis of autism spectrum disorder. At the conclusion of the third year after a
diagnosis, required coverage for applied behavior analysis shall be in an amount not to exceed
$2,000 per month, until the individual reaches eighteen years of age, as long as the treatment is
medically necessary and in accordance with a treatment plan developed by a licensed physician or
licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual" and
a period,
On page twenty-four, section three-v, following line forty-eight, by inserting a new
subdivision to read as follows:
"
(2) 'Applied Behavior Analysis Tutor' means an individual who has completed at least forty hours of classroom training in applied behavior analysis techniques in accordance with the Behavior
Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, undergone
a criminal background check and
(A) Completed a minimum of twelve semester hours of college course work in psychology,
education, social work, behavioral sciences, human development or related field, and be currently
enrolled in a course of study leading to an associates degree by an accredited college or university;
or
(B) Completed a minimum of forty-eight semester hours of college course in an accredited
college or university; or
(C) A high school diploma or GED equivalent and have completed five hundred hours of
employment providing applied behavior analysis, as verified by a board certified behavior analyst"
and a period and redesignating the remaining subdivisions in subsection (b)as subdivisions (3) and
(4),
On page twenty-five, section seven-k, line four, following the words "
renewed on or", by
striking out the word "
before", and inserting in lieu thereof the word "
after",
On page twenty-six, section seven-k, line sixteen, following the words "
board certified
behavior analyst", by striking out the colon and the following words: "
Provided, That the annual
maximum benefit for applied behavioral analysis for autism spectrum disorder for individuals ages
three through six years required by this subdivision shall be in amount not to exceed $30,000 per
individual. For individuals ages seven through eighteen years, coverage for applied behavior analysis
shall be in an amount not to exceed $1,000 per month, as long as the treatment is medically
necessary and in accordance with a treatment plan developed by a licensed physician or licensed
psychologist pursuant to a comprehensive evaluation or reevaluation of the individual" and a period, and inserting in lieu thereof the following words: "
or applied behavior analysis tutor who is not a
parent, grandparent, or sibling of the individual under the supervision of a board certified behavior
analyst: Provided, That the annual maximum benefit for applied behavioral analysis required by this
subdivision shall be in amount not to exceed $30,000 per individual, for three consecutive years from
the date of diagnosis of autism spectrum disorder. At the conclusion of the third year after a
diagnosis, required coverage for applied behavior analysis shall be in an amount not to exceed
$2,000 per month, until the individual reaches eighteen years of age, as long as the treatment is
medically necessary and in accordance with a treatment plan developed by a licensed physician or
licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual" and
a period,
On page twenty-eight, section seven-k, following line forty-six, by inserting a new
subdivision to read as follows:
"
(2) 'Applied Behavior Analysis Tutor' means an individual who has completed at least forty
hours of classroom training in applied behavior analysis techniques in accordance with the Behavior
Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, undergone
a criminal background check and
(A) Completed a minimum of twelve semester hours of college course work in psychology,
education, social work, behavioral sciences, human development or related field, and be currently
enrolled in a course of study leading to an associates degree by an accredited college or university;
or
(B) Completed a minimum of forty-eight semester hours of college course in an accredited
college or university; or
(C) A high school diploma or GED equivalent and have completed five hundred hours of employment providing applied behavior analysis, as verified by a board certified behavior analyst"
and a period, and redesignating the remaining subdivisions in subsection (b)as subdivisions (3) and
(4),
On page twenty-nine, section eight-j, line three, following the words "
renewed on or", by
striking out the word "
before", and inserting in lieu thereof the word "
after" and line sixteen,
following the words "
behavior analyst", by striking out the colon and the words: "
Provided, That
the annual maximum benefit for applied behavioral analysis for autism spectrum disorder for
individuals ages three through six years required by this subdivision shall be in amount not to exceed
$30,000 per individual. For individuals ages seven through eighteen years, coverage for applied
behavior analysis shall be in an amount not to exceed $1,000 per month, as long as the treatment is
medically necessary and in accordance with a treatment plan developed by a licensed physician or
licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual.", and
inserting in lieu thereof the following words: "
or applied behavior analysis tutor who is not a parent,
grandparent, or sibling of the individual under the supervision of a board certified behavior analyst:
Provided, That the annual maximum benefit for applied behavioral analysis required by this
subdivision shall be in amount not to exceed $30,000 per individual, for three consecutive years from
the date of diagnosis of autism spectrum disorder. At the conclusion of the third year after a
diagnosis, required coverage for applied behavior analysis shall be in an amount not to exceed
$2,000 per month, until the individual reaches eighteen years of age, as long as the treatment is
medically necessary and in accordance with a treatment plan developed by a licensed physician or
licensed psychologist pursuant to a comprehensive evaluation or reevaluation of the individual" and
a period,
And,
On page thirty-one, section eight-j, following line forty-five, by inserting a new subdivision
to read as follows:
"
(2) 'Applied Behavior Analysis Tutor' means an individual who has completed at least forty
hours of classroom training in applied behavior analysis techniques in accordance with the Behavior
Analyst Certification Board Guidelines for Responsible Conduct for Behavior Analysts, undergone
a criminal background check and
(A) Completed a minimum of twelve semester hours of college course work in psychology,
education, social work, behavioral sciences, human development or related field, and be currently
enrolled in a course of study leading to an associates degree by an accredited college or university;
or
(B) Completed a minimum of forty-eight semester hours of college course in an accredited
college or university; or
(C) A high school diploma or GED equivalent and have completed five hundred hours of
employment providing applied behavior analysis, as verified by a board certified behavior analyst"
and a period and redesignating the remaining subdivisions in subsection (b)as subdivisions (3) and
(4)."
There being no further amendments, the bill was ordered to engrossment and third reading.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 73),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent and Not Voting: Fragale, Mahan and D. Poling.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2693) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 74), 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: Fragale, Mahan and D. Poling.
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 H. B. 2693) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 255, Making supplementary appropriation of unappropriated moneys to various
accounts,
Com. Sub. for H. B. 2161, Creating the Herbert Henderson Office of Minority Affairs,
Com. Sub. for H. B. 2248, Allowing employees of the Department of Veterans Affairs and
special agents within the Office of Inspector General to carry firearms while performing their duties,
Com. Sub. for H. B. 2347, Extending the maximum length of protective orders in domestic
violence,
H. B. 2695, Relating to the educational broadcasting authority,
Com. Sub. for H. B. 2922, Establishing the felony offense of causing serious bodily injury
to another person by a person who is driving under the influence of alcohol, controlled substances
or other drugs,
H. B. 2935, Repealing an outdated article of election code relating to voting systems,
H. B. 2989, Creating a process by which the West Virginia Racing Commission may grant
stay requests,
And,
H. B. 2990, Changing the renewal of Racing Commission-issued occupational permits.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale, Mahan and D. Poling.
Remarks by Members
Delegates M. Poling and Rodighiero addressed the House regarding the passage of H. B.
2693, Requiring insurance coverage for autism spectrum disorders, and at the conclusion of their
remarks, Delegate Moye asked and obtained unanimous consent that they be included in the
Appendix to the Journal.
At 11:46 a.m., the House of Delegates adjourned until 11:00 a.m., Friday, February 11, 2011.
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