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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]
hdj2011-03-04-52


__________*__________




Friday, March 4, 2011

FIFTY-SECOND 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 Thursday, March 3, 2011, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
H. C. R. 27, Urging the Citizen's Stamp Advisory Committee to approve and issue a commemorative postage stamp honoring the coal miner,
And reports the same back with the recommendation that it be adopted.
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:
S. B. 435, Amending insurance code with respect to surplus lines insurance,
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 (S. B. 435) was referred to the Committee on the Judiciary.
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:
S. B. 472, Relating to portable electronics insurance,
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 (S. B. 472) was referred to the Committee on the Judiciary.
On motion for leave, a resolution was introduced (Originating in the Committee on Banking and Insurance and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perry, Hall, Moore, Reynolds, Cann, Ferns, Frazier, Hartman, Iaquinta, Mahan, Manchin, Michael, Shaver, Stowers, Ashley, Walters, Carmichael, Nelson and O'Neal:

H. C. R. 123 - "Requesting the Joint Committee on Government and Finance study the feasibility of requiring coverage for eosinophilic disorders by accident and sickness insurance, Public Employees Insurance Agency plans and Medicaid."
Whereas, Eosinophilic disorders occur when eosinophils, a type of white blood cell, are found in above-normal amounts in various parts of the body; and
Whereas, When the body wants to attack a substance, such as an allergen, eosinophils respond by moving into the area and releasing a variety of toxins, and when the body produces too many eosinophils, they can cause chronic inflammation, resulting in tissue damage; and
Whereas, These rare diseases are diagnosed according to where the elevated levels of eosinophils are found and include: Eosinophilic esophagitis (esophagus); Eosinophilic gastritis (stomach); Eosinophilic enteritis (small intestine); Eosinophilic colitis (large intestine); and Hypereosinophilic syndrome (blood and any organ); and
Whereas, Having been considered rare in the past, the diagnosis of eosinophilic disorders are on the rise; and
Whereas, The symptoms of these disorders vary depending on the area of the gastrointestinal tract affected by the eosinophils and generally include nausea, vomiting, malnutrition, and pain; and
Whereas, Accurate diagnosis of eosinophilic disorders is only found through endoscopy with a biopsy of the affected area and the ability to track the numbers of diagnoses through medical coding have only been available since 2008; and
Whereas, Treatment of the disorders include dietary management and medications, with routine endoscopies to track the progress of treatment; and
Whereas, There is currently no cure for eosinophilic disorders; treatment options work best by combining multiple therapies to treat the symptoms over the course of the patient's lifetime; and
Whereas, Children suffering from these disorders often show signs of failure to thrive and require surgical implantation of a feeding tube directly to their stomach to be sure they receive adequate nutrition; and
Whereas, Persons suffering from these disorders that require feeding tubes also require nutrient supplements that cost as much as $1000 per month and in many instances this expense is not covered; and
Whereas, There is growing public concern about the availability of full and adequate health insurance coverage for treatment of eosinophilic disorders; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring coverage for eosinophilic disorders by accident and sickness insurance, Public Employees Insurance Agency plans and Medicaid; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012, on its findings, conclusions and recommendations, together with drafts of legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 123) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Banking and Insurance and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perry, Hall, Moore, Reynolds, Cann, Ferns, Frazier, Hartman, Iaquinta, Mahan, Manchin, Michael, Shaver, Stowers, Ashley, Walters, Carmichael, Nelson and O'Neal:

H. C. R. 124 -"Requesting the Joint Committee on Government and Finance to conduct a study on the possible need to regulate the rental network PPO market in West Virginia."
Whereas, A "preferred provider organization" is a managed care organization of various health care providers, which may include doctors, hospitals and other providers who have contracted with an insurer or a third-party administrator to provide health care services at reduced rates to the insurers or administrator's clients who subscribe for participation in the organization; and
Whereas, The health insurance market has developed a secondary market in physician and other healthcare provider discounts consisting of entities that are engaged in developing health care provider panels and then leasing the panels and associated discounts to various entities to various payers, including but not limited to, third party administrators acting on behalf of a self-insured employer or managed care organization that does not have a network in a particular market; and
Whereas, These entities are often called "rental network PPOs"; when the provider discount is shared without authorization from the provider, the arrangement is often referred to as a "silent PPO"; and
Whereas, Physicians and other healthcare providers are concerned that rental network PPO companies in some instances lease their discounted rate without providing notice to the provider of the persons and entities that are entitled to the discount under the lease of the contract; and
Whereas, When a third party entity inappropriately accesses the network and discount, even though it lacks any privity of contract with the providers in the network, the providers may be deprived of rightful reimbursement, and as a result thereof, the integrity of the PPO agreement may be subverted; and
Whereas, Although this secondary market has existed for a number of years, it is growing in prevalence throughout the country and in many cases without any regulation or oversight; and
Whereas, The National Conference of Insurance Legislators researched this issue over a period of three years and in 2008 adopted the model Rental Network Contract Arrangements Act which is intended to provide means to assist physicians and other healthcare providers to identify illegitimate discounts and will authorize them to deny their discounts to noncomplying entities; and
Whereas, Concerns have been raised about the provisions of the model act, including, but not limited to, the usefulness of simply registering the networks over which the insurance commissioner will otherwise have no authority, as well as the suitability of methods of enforcement; and
Whereas, Other states have passed rental network laws based on over the past three years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the possible need to regulate the rental network PPO market in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012, on its findings, conclusions and recommendations, together with drafts of legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 124) to the Committee on Rules.
On motion for leave, a resolution was introduced (Originating in the Committee on Banking and Insurance and reported with the recommendation that it be adopted), which was read by its title, as follows:
By Delegates Perry, Hall, Moore, Reynolds, Cann, Ferns, Frazier, Hartman, Iaquinta, Mahan, Manchin, Michael, Shaver, Stowers, Ashley, Walters, Carmichael, Nelson and O'Neal:

H. C. R. 125 -"Requesting the Joint Committee on Government and Finance study issues related to requiring direct payment by health insurance companies and health maintenance organizations to out-of-network health care providers upon an assignment of benefits by a covered patient to the provider."
Whereas, Currently, state law does not regulate the direct payment by health insurance companies and health maintenance organizations to an out-of-network health care provider if a patient has made an assignment of benefits to the health care provider; and
Whereas, Health insurance companies and health maintenance organizations currently exercise the election to either directly pay health care providers or pay the patient for covered treatment or procedures, regardless of whether the patient/insured has assigned his or her benefits to the provider; and
Whereas, House Bill 3052, introduced in the West Virginia House of Delegates in the 2011 Regular Session, sets forth various requirements upon group accident and sickness insurers relating to the assignment of benefits by an insured patient to a provider; and
Whereas, Proponents of H.B. 3052 assert that requiring insurers and other benefit providers honor the assignment of benefits by patient/insureds directly to providers as provided in the proposed legislation would ease the administrative and financial burden placed on the patient consumer and would remove potential barriers to access to healthcare by insured patients needing healthcare from an out of network providers; and
Whereas, Proponents of H.B. 3052 also assert that the legislation would provide a more efficient and cost effective method for providers to receive payment for healthcare services rendered, thereby contributing to a reduction in the cost of healthcare; and
Whereas, Questions have been raised by health insurers as to whether the requirements in H. B. 3052 would tend to be a disincentive for providers to enter into network provider agreements with insurers at reduced rates for insured patients and therefore may result in increasing the cost of accident and sickness insurance; and
Whereas, Representatives of the health care insurance industry also assert that such legislation may also promote the increased practice of balance billing by out of network providers, thereby increasing the cost of healthcare to patient insureds; and
Whereas, Other states have adopted legislation addressing the assignment of health insurance benefits by insured patients to health care providers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues related to requiring direct payment by health insurance companies and health maintenance organizations to out-of-network health care providers upon an assignment of benefits by a covered patient to the provider; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012, on its findings, conclusions and recommendations, together with drafts of legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
The Speaker referred the resolution (H. C. R. 125) to the Committee on Rules.
Chairman Kominar, from the Committee on Energy, Industry and Labor, Economic Development and Small Business, submitted the following report, which was received:
Your Committee on Energy, Industry and Labor, Economic Development and Small Business has had under consideration:
S. B. 227, Relating to Creative Communities Development Pilot Program,
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 (S. B. 227) was referred to the Committee on Finance.
Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 3rd
day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
Com. Sub. for H. B. 2613, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
And,
S. B. 507, Continuing Broadband Deployment Council.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following report, which was received:
Your Committee on Political Subdivisions has had under consideration:
Com. Sub. for S. B. 335, Authorizing certain municipalities regulate taxis and taxi stands by ordinance,
Com. Sub. for S. B. 388, Allowing fire chief appoint member to serve as designee on property safety enforcement agency,
And,
Com. Sub. for S. B. 420, Clarifying county commissioners must reside in district they represent,
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 (Com. Sub. for S. B. 335, Com. Sub. for S. B. 336 and Com. Sub. for S. B. 420) were each 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:
Com. Sub. for S. B. 268, Establishing driver's license restoration program,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 268) was 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:
S. B. 546, Relating to municipal police and firefighter pensions,
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 (S. B. 546) 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:
S. B. 563, Authorizing municipalities to create deferred retirement option plans for certain employees,
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 (S. B. 563) was referred to the Committee on Finance.
Chairman Fleischauer, from the Committee on Constitutional Revision, submitted the following report, which was received:
Your Committee on Constitutional Revision has had under consideration:
S. J. R. 10, Proposing amendment to Constitution designated Repeal The Two Consecutive Term Limitation for Sheriffs Amendment,
And reports the same back with the recommendation that it be adopted but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the resolution (S. J. R. 10) was referred to the Committee on the Judiciary.
Chairman Talbott, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration:
Com. Sub. for S. B. 303, Adding captive cervids to list of animals protected from dogs,
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 bills (Com. Sub. for S. B. 303) was referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 82, Relating to a child's right to nurse,
And,
S. B. 285, Extending time frame practitioners must write prescriptions on official tamper-resistant paper,
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 (Com. Sub. for S. B. 82 and S. B. 285) were each referred to the Committee on the Judiciary.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
Com. Sub. for S. B. 488, Revising HIV testing statute to conform with most recent recommendations from CDC,
And,
Com. Sub. for S. B. 526, Allowing certain emergency service providers possess Naloxone to administer in suspected overdoses,
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 (Com. Sub. for S. B. 488 and Com. Sub. for S. B. 526) were each referred to the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 245, Relating to protection of Chesapeake Bay Watershed,
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 (Com. Sub. for S. B. 245) was referred to the Committee on Finance.
Messages from the Executive

Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising that on March 2, 2011, he approved H. B. 2475, Com. Sub. for H. B. 2696, S. B. 205, S. B. 215 and S. B. 254; and on March 3, 2011, he approved Com. Sub. for H. B. 2882, Com. Sub. for H. B. 2962 and Com. Sub. for S. B. 382.
Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of the following concurrent resolutions:
H. C. R. 4, The "PFC Carl E. Talterson and PFC Joseph W. Sell, Jr. Memorial Bridge"
H. C. R. 5, The "Fletcher Brothers Memorial Bridge",
H. C. R.
7, The "Staff Sergeant Arthur Coulter and Corporal E. J. Sizemore Memorial Bridge",
H. C. R. 9, The "Ronald Lee Fenstermacher Memorial Bridge",
H. C. R. 10, The "Everett 'Bud' Currence Memorial Bridge"
H. C. R. 11, The "Raymon Dale Kesling Memorial Bridge",
H. C. R. 12, The "Senator Homer K. Ball Memorial Road",
H. C. R. 13, The "Delegate Mike Porter 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. 22, The "Delegate Dale F. Riggs 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. 29, The "Simpson Brothers Veterans Bridge",
H. C. R. 30, The "Brian Lester Browder Memorial Bridge",
H. C. R. 31, The "Ranger Veteran's Memorial Bridge",
H. C. R. 37, The "Cpl. Druey L. Hatfield Memorial Bridge",
H. C. R. 38, The "Colonel James E. Hiteshew 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. 62, The "Rick Howard Sanders Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 39, The "Justin Frye Memorial Bridge".
On motion of Delegate Boggs, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page three, in the first Resolved clause, by striking out the word "Memorial" and inserting in lieu thereof the word "Honorary",
On page three, in the second Resolved clause, by striking out the word "Memorial" and inserting in lieu thereof the word "Honorary",
And,
By amending the title of the resolution to read as follows:
H. C. R. 39 - "Requesting the Division of Highways to name bridge 22-64-0.02 over Uptons Creek at Spurlockville in Lincoln County, West Virginia, the 'Justin Frye Honorary Bridge'."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 40, The "Joseph Homer Lloyd Bridge".
On motion of Delegate Boggs, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page three, in the second Resolve clause, by striking out the words "with an additional designation that he is a Pearl Harbor survivor".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 42, The "PFC William A. Lawrence Memorial Bridge".
On motion of Delegate Boggs, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, in the first Resolved clause, after the words "William A." by inserting the word "Jackie",
On page two, in the second Resolved clause, after the words "William A." by inserting the word "Jackie",
On page two, in the second Resolved clause, by striking out the words "with a designation that PFC William A. Lawrence served in the Vietnam Conflict",
And,
By amending the title of the resolution to read as follows:
H. C. R. 42 - "Requesting the Division of Highways to name bridge 23-16-3.45 over Buffalo Creek on State Route 16 in Logan County, West Virginia, the 'PFC William A. "Jackie" Lawrence Memorial Bridge'."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates and the passage, as amended, of
Com. Sub. for S. B. 458, Updating Logging Sediment Control Act.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:
S. C. R. 39 - "Requesting the Division of Highways name West Virginia 20 between the city of Cowen and the Webster and Nicholas county lines the 'Chief Samuel "Ed" Plummer Memorial Highway'."
Whereas, Samuel Edward Plummer was born on June 27, 1901, and passed away in October, 1995; and
Whereas, Samuel Edward Plummer dedicated most of his life to the service of the people as a police officer in the cities of Camden-on-Gauley and Clay, West Virginia; and
Whereas, Samuel Edward Plummer served as the chief of police for the city of Camden-on- Gauley from 1949 to 1951 and 1963 to 1972; and
Whereas, Samuel Edward Plummer served as the chief of police for the city of Clay from 1958 to 1963; and
Whereas, Samuel Edward Plummer was injured in the line of duty serving as the city of Clay's chief of police and after sustaining multiple stab wounds, was still able to apprehend all of his assailants; and
Whereas, Samuel Edward Plummer performed his duties without ever driving an automobile, by walking the beat and personally engaging the community he was sworn to protect; and
Whereas, Samuel Edward Plummer was an avid storyteller and recounted many of his experiences serving as an officer of the law to his family, friends, neighbors and community members, where to this day, those that knew him and heard his stories can recall them word for word; and
Whereas, Samuel Edward Plummer was a committed and respected officer of the law and worked tirelessly protecting the communities of Camden-on-Gauley and Clay. He was a beloved grandfather who passed away after many years in the service to his communities and will be missed by all who knew him; and
Whereas, The life of Samuel Edward Plummer shall be recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name West Virginia 20 between the city of Cowen and the Webster and Nicholas county lines the "Chief Samuel 'Ed' Plummer Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "Chief Samuel 'Ed' Plummer Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Samuel Edward Plummer.
Resolutions Introduced

Delegates Ashley and Boggs offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 126 - "Requesting the Joint Committee on Government and Finance study the need for criminal penalties for utilizing computers, mobile telephones and electronic devices to transmit obscene, anonymous, harassing, threatening, demeaning, degrading and self-esteem lowering communications."
Whereas, Technology has allowed a broad range of communication from mobile telephones, networking sites, internet message boards, web logs, to blogs; and
Whereas, The content and information shared on and from these devices are not always restricted or blocked which can cause these tools to be used to damage others through intentional actions by individuals wanting to cause harm or malice; and
Whereas, With the ability to communicate across a wide range of mediums, our laws need to be reviewed and, if necessary, changed, created and/or updated to protect the citizens of West Virginia from unwanted obscene, anonymous, harassing, threatening, demeaning, degrading or self- esteem lowering communications; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for criminal penalties for utilizing computers, mobile telephones and electronic devices to transmit obscene, anonymous, harassing, threatening, demeaning, degrading and self-esteem lowering communications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012 on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Delegate Perdue and Mr. Speaker, Mr. Thompson, offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 127 - "Requesting that bridge number 50-52-27.66 on Route 52 near the intersection of Routes 52 and 37 in Fort Gay, Wayne County, West Virginia be named the 'Staff Sergeant Chester Arthur Winchell Memorial Bridge'."
Whereas, Chester A. Winchell was born on August 4, 1944 in Fort Gay; and
Whereas, Chester A. Winchell died in Vietnam on November 11, 1967 while on his second tour of duty with the U. S. Army; and
Whereas, Chester A. Winchell was awarded the Purple Heart and the Bronze Star; and
Whereas, Chester A. Winchell served his country and his state with honor and distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 50-52-27.66 on Route 52, near the intersection of Routes 52 and 37, in Fort Gay, Wayne County, West Virginia the "Staff Sergeant Chester Arthur Winchell 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 "Staff Sergeant Chester Arthur Winchell 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, the Fort Gay Vietnam Veterans Memorial Association, his brother, Clyde Winchell, and his sisters, Lucille Vaughn, Virgie Fay Meade and Shirley Waller.
Delegate White offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 128 - "Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway."
Whereas, The Blue Star Memorial Highway was projected by the National Garden Clubs, Inc. as a living tribute to the men and women of the Nation's Armed Forces; and
Whereas, It is fitting and appropriate that further recognition be accorded the services and sacrifices of our citizens so valiantly rendered; and
Whereas, The Blue Star Memorial Highway of West Virginia is sponsored by the Honeysuckle Garden Club in cooperation with the Division of Highways; therefore, be it
Resolved by the Legislature of West Virginia:
That the scope of the Blue Star Memorial Highway be extended to include State Route 80 in Mingo County; and, be it
Further Resolved, That a copy of this resolution be sent to the Commissioner of the Division of Highways as tangible evidence to support the inclusion of Route 80 in Mingo County as a Blue Star Memorial Highway and the Honeysuckle Garden Club.
Delegates Miley, Andes, Boggs, Ennis, Ferro, Hall, Lane Manypenny, Michael, J. Miller, Moye, Pethtel, Skaff, Smith, Stowers and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 129 - "Requesting the Joint Committee on Government and Finance authorize a study regarding reforming West Virginia's laws on marriage and divorce."
Whereas, The State of West Virginia has an interest in encouraging strong marriages; and
Whereas, West Virginia's economy loses more than $230 million annually due to the breakdown of marriages and the family; and
Whereas, Minor children suffer most when their parents divorce; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to authorize a study regarding reforming West Virginia's laws on marriage and divorce; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the Regular Session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.
Delegate Caputo, Mr. Speaker, Mr. Thompson, and Delegates Barill, Boggs, Ennis, Ferns, Ferro, Fleischauer, Fragale, Givens, Jones, Longstreth, Manchin, Manypenny, Marshall, Pasdon, Pethtel, D. Poling, Swartzmiller and Varner offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 130 - "Supporting the National Energy Technology Laboratory."
Whereas, The extraction and use of domestic sources of coal, oil and natural gas are vital to West Virginia's economy and essential to America's drive to energy independence; and
Whereas, The United States Department of Energy's National Energy Technology Laboratory (NETL) has been leading the nation's research and development and deployment programs for fossil energy; and
Whereas, NETL technological breakthroughs include: Emissions control devices in use in over seventy-five percent of the nation's coal-fired power plants; high efficiency fluidized bed coal combustors; high efficiency gas turbines; carbon capture and storage methods; and horizontal well drilling technologies and fracture mapping techniques for gas and oil recovery; and
Whereas, Independent studies have found that the return on investment from taxpayer funding to NETL projects has been as much as nine hundred percent; and
Whereas, NETL is also extensively involved in energy efficiency and renewable energy research and development projects in leading America to have a broad range of energy saving technologies, such as United States manufactured battery and electric drive industry, solid state lighting, industrial building technologies, and state energy weatherization programs for low income families; and
Whereas, NETL is a leading employer in Monongalia County and contributed $87 million in salaries and wages to the area economy in 2010 alone; and
Whereas, These salaries are a vital source of revenue for many additional area businesses and a valued tax base for state and local governments; and
Whereas, The United States Congress is unwisely seeking to discontinue all NETL research and development programs in oil and natural gas and underfund NETL coal research and development and related programs; and
Whereas, NETL contributed an additional $342 million to West Virginia businesses and universities through research, development, construction and support contracts and other agreements; therefore, be it
Resolved by the Legislature of the State of West Virginia:
That it calls upon the West Virginia Congressional delegation to the United States Congress to continue to support NETL's Fossil Energy and Energy Efficiency research and development programs by securing full funding for the National Energy Technology Laboratory in fiscal years 2011 and 2012 at no less than $1.961 billion per fiscal year; and, be it
Further resolved, That a copy of this resolution be sent to the West Virginia Congressional delegation to the United States Congress, the President of the United States, the President of the United States Senate, and the Speaker of the United States House of Representatives.
Delegate Talbott offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 131 - "Requesting the Joint Committee on Government and Finance study captive cervid farming as an agricultural enterprise and the impact of transferring regulatory authority of captive cervids from the Division of Natural Resources to the Department of Agriculture to assess the potential environmental, wildlife and fiscal impact to the State."
Whereas, Legislation passed the Senate that would regulate captive cervid farming as an agricultural enterprise in the state and transfer regulatory authority of captive cervids from the Division of Natural Resources to the Department of Agriculture; and
Whereas, Captive cervid farming could be an economic benefit to the state, could preserve family farming opportunities, could encourage agricultural uses of the natural topography of the state's rural lands and could provide job creation and job retention in rural areas; and
Whereas, Several issues regarding the establishment of captive cervid farms as an agriculture enterprise have not been fully examined by the Legislature, including the environmental impact, the regulation of the sale of white-tailed deer meat, the impact to our state's white-tailed deer population and the fiscal impact or benefit to the state; and
Whereas, The potential economic benefit of allowing and regulating captive cervid farming must be carefully weighed with safety, wildlife and potential environmental impacts of captive cervid farming; and, therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on establishing captive cervid farming as an agricultural enterprise and the impact of transferring regulatory authority of captive cervids from the Division of Natural Resources to the Department of Agriculture to assess the potential environmental, wildlife and fiscal impact to the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2012 on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Special Calendar

Third Reading

Com. Sub. for S. B. 60, Authorizing probation officers' supervision of sex offenders pending availability of multijudicial officer; 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. 234), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 60) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 235), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.
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. 60) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 61, Relating generally to juvenile drug courts; 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. 236), 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: Crosier, Kump and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 61) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 216, Modifying definition "imminent danger to physical well-being of a child"; 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. 237), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 216) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. B. 256, Requiring sex offenders verify e-mail and online identities; 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. 238), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 256) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 256 - "A Bill to amend and reenact §15-12-10 of the Code of West Virginia, 1931, as amended, relating to requiring sex offenders to verify information to the State Police; and expanding information to be provided, including online information."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
S. B. 358, Authorizing electronic registration of wildlife; 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. 239), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 358) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 392, Changing definition of "accredited thoroughbred horse"; 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. 240), and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Kump, C. Miller, Savilla, Sigler, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Crosier and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 392) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 486, Creating WVU-Tech Revitalization Project; 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. 241), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Householder, Howell, J. Miller and Snuffer.
Absent and Not Voting: Crosier and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 486) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 242), and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Householder, Howell, J. Miller and Snuffer.

Absent and Not Voting: Crosier and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 486) 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 S. B. 582, Relating to seals of notaries and commissioners; 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. 243), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 582) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken (Roll No. 244), and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: Crosier and Swartzmiller.

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. 582) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates..
Com. Sub. for H. B. 3068, Creating the WVU-Tech Revitalization Project; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
Com. Sub. for H. B. 3214, Designating specific criteria for seals of commissioners appointed by the Governor to acknowledge signatures; on third reading, coming up in regular order, was, on motion of Delegate Boggs, laid upon the table.
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 S. B. 282, Continuing Highway Design-Build Pilot Program,
And,
S. B. 413, Changing title of Racing Commission's racing secretary.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports

On motion for leave, resolutions were introduced (Originating in the Committee on Education and reported with the recommendation they each be adopted), which were read by their titles, as follows:
By Delegates Lawrence, M. Poling, Paxton, Barill, D. Campbell, Crosier, Ennis, Moye, Perry, Pethtel, Shaver, Smith, Walker, Duke, Sumner, Armstead, Ellington, Gearheart, Rowan and Sigler:

H. C. R. 132 - "Requesting the Joint Committee on Government and Finance to conduct a study on methods to help instill within students the importance of performing to the best of their ability on the state summative assessment; to provide routine strategies for additional intervention that reinforces the preparation of students whose assessment scores indicate that they are not prepared for success at the next grade level; and to ensure that the additional intervention is provided for those students who truly need additional preparation and that students are exempted whose true level of proficiency is above the level reflected on this particular assessment,"
Whereas, Students who do not master the content areas of reading, language arts and mathematics at their current grade level become increasingly less likely to succeed at each successively higher grade level and later in life and, therefore, it is critically important to ensure that additional intervention strategies are available to reinforce the preparation of students who are not prepared fully; and
Whereas, Student proficiency in reading, language arts and mathematics in grades 3 through 11 is currently assessed through the state summative assessment (currently known as the WESTEST2), and the results of this assessment indicate that substantial numbers of students have not adequately mastered these subjects at their grade level; and
Whereas, The state places considerable weight on the results of the state summative assessment as a measure of whether schools and school systems are fully preparing students for success at the next grade level, and the results have consequences for schools and school systems, but routine strategies to reinforce the preparation of students whose scores indicate that they are not prepared fully are lacking; and
Whereas, Because the additional effort required to provide additional intervention strategies may be substantial, there is a need to: First, ensure that the data on student performance on the state summative assessment accurately reflects the true level of each student's mastery of the content (and not a lack of student engagement in performing to the best of their ability because the assessment has no consequences for the students themselves); and also to ensure that the additional intervention is focused on those students who truly need additional assistance and not those whose true level of proficiency is above the level reflected on this particular assessment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on methods to help instill within students the importance of performing to the best of their ability on the state summative assessment; to provide routine strategies for additional intervention that reinforces the preparation of students whose assessment scores indicate that they are not prepared for success at the next grade level; and to ensure that the additional intervention is provided for those students who truly need additional preparation and that students are exempted whose true level of proficiency is above the level reflected on this particular assessment; and, be it
Further Resolved, That as a part of the study, input is sought from teachers, administrators, county boards of education and parents on the various methods to achieve these objectives and their potential educational and financial impact; and
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2012, 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
By Delegates Lawrence, M. Poling, Paxton, Barill, D. Campbell, Crosier, Ennis, Moye, Perry, Pethtel, Shaver, Smith, Walker, Duke, Sumner, Armstead, Ellington, Gearheart, Rowan and Sigler:

H. C. R. 133 - "Requesting the Joint Committee on Government and Finance to conduct a study on the acquisition of pre-owned computers for refurbishing for use by students in need,"
Whereas, Existing programs in the state such as Mission West Virginia, and similar programs in other states, empower economically disadvantaged students to bridge the digital divide and advance their academic and personal achievements by awarding them home PCs that are donated by government agencies, local businesses and private citizens, and are refurbished; and
Whereas, Programs that provide refurbished pre-owned computers for use by students range from for profit companies that sell the computers to schools at significantly reduced cost, to nonprofit organizations dedicated to educational or environmental improvement, some of which include programs in which students can learn about computers and then keep them; and
Whereas, An example of one such program operated on a large scale by the Los Angeles Unified School District uses refurbished computers in an eight-week after-school course for 4th, 5th, and 6th grade students who learn to type, create documents, spreadsheets and presentations, edit photos and navigate the Internet. Upon completing the program, the students get a free, refurbished desktop and, with their parents, are offered training on how to properly set up, manage and use it at home; and
Whereas, The use of pre-owned computers instead of new ones can save money, allowing districts to give more computers to more students who need them, the use of pre-owned computers also promotes good environmental practices by keeping the machines out of landfills, where they otherwise might wind up; and
Whereas, Pre-owned, "prematurely retired" computers that are top-tier models and are being disposed of by corporations and other organizations, as well as individuals, can be refurbished so that they continue to provide basic capabilities, including word processing, e-mail and Internet access. However, school systems tend keep the same computers in use for significantly longer than that average three years, and as a result, the value of school computers for refurbishing is minimal; and
Whereas, the Legislature should research the most efficient way to acquire, refurbish, and distribute computers to students, including examining ways to encourage businesses and private citizens to donate computers appropriate for refurbishing and exploring various methods for refurbishing computers for student use; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on the acquisition of pre-owned computers for refurbishing for use by students in need; and, be it
Further Resolved, That the said Joint Committee on Government and Finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
By Delegates M. Poling, Paxton, Barill, D. Campbell, Crosier, Lawrence, Moye, Perry, Pethtel, Shaver, Smith, Walker, Duke, Sumner, Armstead, Ellington, Rowan and Sigler:

H. C. R. 134 -"Requesting the Joint Committee on Government and Finance to conduct a study on mandatory recycling in public schools."
Whereas, Well-run recycling programs cost less to operate than waste collection, landfilling, and incineration; and
Whereas, Recycling programs can be profitable to the schools by decreasing overall costs and receiving funds from the sales of recyclables; and
Whereas, The largest waste from schools is paper, aluminum cans, cardboard, and plastic bottles which can be recycled; and
Whereas, The Legislature will research methods to recycle electronic devices; and
Whereas, The Legislature will explore ways to implement recycling programs in public schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on mandatory recycling in public schools; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report to the regular session of the Legislature, 2012, 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 draft necessary legislation are requested to be paid from legislative appropriations to the Joint Committee on Government and Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations,
Com. Sub. for S. B. 265, Authorizing Board of Parole, with sentencing court's concurrence, modify or waive parolee's restrictions relating to minors,
Com. Sub. for S. B. 295, Authorizing DHHR promulgate legislative rules,
And,
S. B. 349, Requiring bittering agent be placed in certain engine coolants and antifreezes,
And reports the same back with the recommendation that they each do pass.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 538, Creating Learn and Earn Cooperative Education Program,
And reports the same back with the recommendation that it do pass, and with the recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 538) to the Committee on Finance was abrogated.
Chairman Poling, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
S. B. 514, Authorizing legislative rule for Higher Education Policy Commission regarding authorization of degree-granting institutions,
And reports the same back, with amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the Committee on the Judiciary be dispensed with.
In the absence of objection, reference of the bill (S. B. 514) to the Committee on the Judiciary was abrogated.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 234, Revising Municipal Economic Opportunity Development District Act,
And reports the same back with the recommendation that it do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 235, Revising County Economic Opportunity Development District Act,
And reports the same back, with amendment, with the recommendation that it do pass, as amended.
Leaves of Absence

At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day were granted Delegates Crosier and Swartzmiller.
At 11:45 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, March 7, 2011.

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