hdj2011-03-08-56
__________*__________
Tuesday, March 8, 2011
FIFTY-SIXTH 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 Monday, March 7, 2011, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 219, Relating to maintaining solvency of Unemployment Compensation
Fund,
Com. Sub. for S. B. 228, Creating Local Solution Dropout Prevention and Recovery Act,
Com. Sub. for S. B. 241, Relating to Division of Tourism and Tourism Commission,
Com. Sub. for S. B. 242, Dedicating portion of coal severance tax to county of origin,
Com. Sub. for S. B. 344, Relating to special method for appraising qualified capital
additions to manufacturing facilities,
S. B. 546, Relating to municipal police and firefighter pensions,
And,
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 they each do
pass, as amended.
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. R. 23, Designating July 18 annually as "Law-Enforcement Officer Memorial Day",
H. C. R. 83, Requesting the Joint Committee on Government and Finance to conduct an
audit of the efficiency of the expenditure of public education dollars,
H. C. R. 113, The "PFC Darrell Lee Cabell Memorial Highway",
H. C. R. 117, The "Larry K. Conley Memorial Bridge",
S. C. R. 14, Requesting DOH name bridge in Whitesville crossing Big Coal River, "CPL
Charles 'Mitchell' Hannah Memorial Bridge",
S. C. R. 19, Requesting DOH name WV 3 from intersection with WV 94 to Raleigh County
Line "John Protan Highway",
And,
S. C. R. 30, Requesting DOH name bridge number 03-119-16.22 "PFC Willie Ray Stollings
Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
On motion for leave, resolutions were introduced (Originating in the Committee on Health
and reported with the recommendation that they be adopted), which was read by their titles, as
follows:
By Delegates Perdue, Hatfield, Barill, D. Campbell, Ferns, Lawrence, Marshall, Moore,
Poore, Fleischauer, Moye, Perry, Phillips, Rodighiero, Staggers, Border, Ellington,
Householder and Rowan:
H. C. R. 141 -"Requesting the Joint Committee on Government and Finance to conduct a
study on the feasibility of adding pregnant women to CHIP in West Virginia."
Whereas, The Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA)
authorized a number of key provisions and new state options. One of those new options is for States
to enroll pregnant women who meet the income eligibility requirements; and
Whereas, Previously, States could only provide maternity care under CHIP through a federal
waiver or by using the "unborn child" rule; and
Whereas, According to the non-partisan Congressional Research Service, prior to enactment
of CHIPRA, a total of seventeen states covered pregnancy-related services using CHIP funds; six
through federal waivers, and twelve through the "unborn" child rule with Rhode Island extending coverage through both; and
Whereas, According to the National Academy of Sciences' Institute of Medicine (IOM),
uninsured women receive, on average, less maternity care and fewer expensive perinatal services;
and
Whereas, Uninsured women are more likely to have poor pregnancy outcomes than are
insured women, including pregnancy related hypertension, placental abruption, and extended hospital
stays. Their newborns are also more likely to have adverse outcomes, including low birth weight
and even death; and
Whereas, Some women may be uninsured when they become pregnant because their
incomes are too high to qualify for Medicaid, but they cannot obtain private insurance; and
Whereas, More uninsured pregnant women can receive coverage for maternity care if a state
elects the new CHIP option to cover pregnant women; 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 feasibility of adding pregnant women to CHIP 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 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.
By Delegates Perdue, Hatfield, Barill, D. Campbell, Ferns, Lawrence, Marshall, Moore,
Poore, Fleischauer, Moye, Perry, Phillips, Rodighiero, Staggers, Border, Ellington,
Householder and Rowan:
H. C. R. 142 - "Requesting the Joint Committee on Government and Finance to conduct a
study on timely delivery of medications and timely testing procedures to nursing home patients in
transition."
Whereas, Nursing home patients typically have no advocates, thus making them rely heavily
on staff and nursing home administrators for their services; and
Whereas, Nursing home patients need both medications readily available to them at all
times and timely testing procedures to be executed; and
Whereas, Nursing home businesses with large numbers of homes typically order
medications from a central location and often contract with testing companies long distances away
(sometimes even being out of state); and
Whereas, When nursing home patients transition from a rehabilitation center or hospital to
a nursing home, there can be issues that arise when medications are prescribed from the
rehabilitation center or a urine or blood test is requested to be administered; and
Whereas, In the event a nursing home is unable to receive the necessary medications for a
resident or perform a test which the results are needed in a timely fashion, a procedural backup plan
and/or a local relationship with a local hospital is needed to be in place to address potentially life
threatening problems; and
Whereas, It is the hopes of the WV Legislature that each nursing home in the state shall
have the ability to have an emergency plan to give medications and perform prompt procedures to their patients in emergency situations; 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 timely delivery of medications and timely testing procedures be performed to nursing home
patients in transition; 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.
And,
By Delegates Perdue, Hatfield, Barill, D. Campbell, Ferns, Lawrence, Marshall, Moore,
Poore, Fleischauer, Moye, Perry, Phillips, Rodighiero, Staggers, Border, Ellington,
Householder and Rowan:
H. C. R. 143 - "Requesting the Joint Committee on Government and Finance to conduct a
study on combining the state health care programs into a single agency."
Whereas , The cost of providing health care by the Public Employees Insurance Agency,
the Bureau of Medical Services, Access West Virginia and the Children's Health Insurance Program
exceeds the growth in general revenues that are needed to fund these vital programs; and
Whereas, West Virginians have a disproportionate rate of diabetes, high blood pressure, high cholesterol and other chronic illnesses, and coordinating chronic disease management activities
among the state payers will result in improved services to the citizens covered by these programs,
which will result in future cost savings to the state; and
Whereas, Combining the purchasing of health care services by the various state payers will
result in greater efficiency and cost savings; and
Whereas, Combining services such as medical directors services, actuarial services, claims
processing and other services will result in efficiencies and cost savings to the state; 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 combining the state payers of health care into one entity; 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.
The Speaker referred the resolutions (H. C. R. 141, H. C. R. 142 and H. C. R. 143) to the
Committee on Rules.
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. 253, Amending insurance code with respect to holding companies,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 253) 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:
Com. Sub. for S. B. 484, Relating to management agreements of Higher Education Policy
Commission,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for S. B. 484) to the Committee
on Finance was abrogated.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
S. C. R. 43, Requesting DOH erect memorial sign on Route 60, at or near Caldwell exit in
Greenbrier County, "Home of Chan Whitt Jr., 'Little Prince' Billiards Champion",
And reports the same back, with amendment, with the recommendation that it be adopted,
as amended.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
Com. Sub. for S. B. 195, Relating to requirements to serve as magistrate,
And,
Com. Sub. for S. B. 461, Providing criminal penalty for violating restraining order entered
upon conviction for stalking or harassment,
And reports the same back with the recommendation that they each do pass.
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 8
th
day of March, 2011, presented to His Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the House of Delegates:
S. B. 458, Updating Logging Sediment Control Act.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S.B. 608, Increasing fees for services and documents issued by DMV,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Resolutions Introduced
Delegate Perdue, Mr. Speaker, Mr. Thompson, and Delegate Kominar offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 140 - "Requesting the Division of Highways to name the bridge located at the
intersection of County Highway 41 and Turkey Creek Road in Wilsondale, Wayne County, West
Virginia, specifically bridge number 50-41/1-0.01, the 'Sgt. Dewey Marcum Memorial Bridge'."
Whereas, Dewey Marcum was born on March 28, 1928 in Wayne County, West Virginia
to a coal miner and a housewife; and
Whereas, He married young to Oretha Marie Collins-Marcum and started a family that now
includes seventeen children, thirty-four grandchildren, twelve great grandchildren and one great-
great grandchild; and
Whereas, He enlisted in the United States Army and served with valor in the Korean War;
and
Whereas, He was wounded when a mortar struck his tank and ejected him from his vehicle;
and
Whereas, During his time in the Army, he quickly climbed to the ranks of Sergeant and after
having received an Honorable Discharge, he returned home and began the task of rebuilding his life;
and
Whereas, He held several odd jobs and having seventeen children, they were sometimes two
or three simultaneously; and
Whereas, He worked as a truck driver for a local businessman, in the coal mines where he
contracted black lung and owned his own saw mill for many years; and
Whereas, In 1968 he contracted pneumonia and had to undergo a left lung removal, but he
continued to work hard to provide for his family, until in 1986 he suffered a debilitating stroke which
rendered him bed confined under the care of his wife, aunts and uncles; and
Whereas, In February of 1990 he lost two daughters in a car wreck involving a coal truck
and was never the same after this loss; and
Whereas, Early on the morning of April 8, 1992, he passed away at the Huntington
Veteran's Hospital, from complications associated with pneumonia at the age of 62; therefore, be
it
Resolved by the Legislature of West Virginia:
Requesting the Division of Highways to name the bridge located at the intersection of
County Highway 41 and Turkey Creek Road in Wilsondale, Wayne County, West Virginia,
specifically bridge number 50-41/1-0.01, the "Sgt. Dewey Marcum Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "Sgt. Dewey Marcum Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways,
Matthew Derek Stroud and the surviving family members of Dewey Marcum.
Delegates Sobonya, C. Miller, Overington, Savilla, Household and Sumner offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. R. 35 - "Urging the Governor of the West Virginia to enter into a compact concerning citizenship."
Whereas, Based on US Census data, some 340,000 children were born to illegal immigrants
in the United States in 2008; and
Whereas, According to the Pew Hispanic Center, unauthorized immigrants comprise
slightly more than four percent of the adult population of the United States, and because they are
relatively young and have high birthrates, their children make up a much larger share of both the
newborn population (eight percent) and the child population (seven percent of those younger than
age eighteen) in this country; and
Whereas, According to current estimates, hundreds of thousands of illegal aliens are
crossing United States borders to give birth and exploit their child as an "anchor baby," as a means
to obtain residency, access taxpayer-funded benefits and steal American jobs for themselves and for
their families at a cost to American taxpayers estimated to be $113 billion annually, or nearly $1,117
yearly per individual taxpayer; and
Whereas, The House of Delegates believes federal, state and local governments should
cooperate fully in their efforts to eliminate all economic attractions and incentives (including, but
not limited to, public benefits, welfare, education and employment opportunities) for illegal aliens,
as well as to secure our borders against unlawful invasion; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby urges the Governor into a compact on behalf of the state
with anyone or more states who may by their legislative bodies, authorize a compact, in form
substantially as follows:
(1) The state shall make a distinction in the birth certificates, certifications of live birth, or other birth records issued in the state, between persons born in the state who are born subject to the
jurisdiction of the United States and persons who are not born subject to the jurisdiction of the
United States. Persons born subject to the jurisdiction of the United States shall be designated as
natural-born United States citizens.
(2) For the purposes of this compact, the phrase, "subject to the jurisdiction of the United
States", has the meaning that it bears in Section 1 of the Fourteenth Amendment to the United States
Constitution, namely that the person is a child of at least one parent who owes no allegiance to any
foreign sovereignty, or a child without citizenship or nationality in any foreign country. For the
purposes of this compact, a person who owes no allegiance to any foreign sovereignty is a United
States citizen or national, or an immigrant accorded the privilege of residing permanently in the
United States or a person without citizenship or nationality in any foreign country.
(3) This compact does not take effect until Congress has given its consent, pursuant to
Article 1, Section 10, Clause 3 of the 6 United States Constitution; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Governor.
Delegates Sigler, Andes, Border, Ellington, Ferns, Gearheart, Hamilton, Householder,
Howell, Jones, Kominar, Kump, Nelson, O'Neal, Perry, R. Phillips, Pino, Rowan, Shaver, Snuffer,
Talbott and Walker offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. R. 36 - "Urging the Mine Safety and Health Administration of the United States
Department of Labor to implement comprehensive drug free workplace regulations that include drug
and alcohol testing."
Whereas, The coal mining industry is a critically important component of the economy of
West Virginia; and
Whereas, Coal mining, by its intrinsic hazards to miner health and safety, does not provide
"second chances" for "mistakes" caused by a miner altered or impaired by drug and/or alcohol abuse;
and
Whereas, Substance abuse in mines is one of the most pressing issues facing the coal
industry; in fact, anecdotal and toxicological evidence from recent coal mining fatalities and
accidents suggest a very serious problem of drug and alcohol abuse which places everyone working
in the mine at risk; and
Whereas, Among the problems encountered by the operators of coal mines include the
proliferation of prescription pain medication, the availability of i1lega1 substances, use of
prescription drugs on the job causing impairment or altered behavior and the availability of
"cleansing" agents via the internet or local vendors supplying masking agents to alter samples; and
Whereas, Individual mines that have implemented voluntary drug free workplace programs
that include drug and alcohol testing have not only experienced improvements in workplace safety
but have also benefitted by the resulting reduced workers' compensation costs;
and
Whereas, The mining industry has not uniformly adopted the use of drug and alcohol testing
and, while some indivldual mines have had some success in adopting their own drug and alcohol
testing policies, there is no consistency in the testing methods employed by those mines; and
Whereas, The lack of a requirement for standardized drug and alcohol testing throughout
the coal mining industry has permitted persons who abuse drugs or alcohol to selectively apply for employment in mine operations which either do not require drug and alcohol testing, or which
employ less stringent testing methods; and thereby increase the possibility of avoiding detection of
the abuse; and
Whereas, Such selective application actions occur not only at coal mines in West Virginia,
but also at nearby mines in adjoining states, thereby jeopardizing the safety of the coal miners in
those mines; and
Whereas, West Virginia's coal mining industry is subject to the Federal Mine Safety and
Health Act of I911 in which Congress declared that "the first priority and concern of all in the coal
or other mining industry must be the health and safety of its most precious resource the miner"; and
Whereas, The act directed the Secretary of the Department of Labor to develop, promulgate,
and revise as may be appropriate, a set of mandatory health or safety standards for the protection
of life and prevention of injuries in coal mines; and
Whereas, The Secretary of the Department of Labor has delegated the duty and authority
to adopt mandatory safety and health standards for the coal mining industry to the Mine Safety and
Health Administration within the Department of Labor for the express purpose of "the protection of
life, the promotion of health and safety, and the prevention of accidents"; and
Whereas, The Mine Safety and Health Administration has adopted a regulation which
provides that "intoxicating beverages and narcotics shall not be permitted or used in or around
mines. Persons under the influence of alcohol or narcotics shall not be permitted on the job"; and
Whereas, Although the regulation is well intentioned, it does not provide any methods for
determining drug or alcohol use, education about the dangers of use, or assistance for workers who
need help; and
Whereas, The Mine Safety and Health Administration is the only governmental entity that
has the authority to impose uniform workplace regulations that include drug and alcohol testing
upon the coal mining industry, not only in West Virginia, but throughout the United States; and
Whereas, The House of Delegates is committed to ensuring that all employees of the state
have a safe workplace, and implementation and enforcement of comprehensive drug free workplace
regulations that include drug and alcohol testing would further that priority; and
Whereas, The House of Delegates believes that the goal of a drug free workplace should
not be limited to "catching" workers when they are impaired on the job, but should also include a
strong program to eliminate drug and alcohol use and misuse in the workplace and provide
employees with the assistance needed to live a healthy lifestyle; therefore, be it
Resolved by the House of Delegates of West Virginia:
That the House of Delegates hereby urges the Mine Safety and Health Administration of the
United States Department of Labor to implement a comprehensive drug-free workplace regulations
that include:
a. The implementation of mandatory drug and alcohol-testing which ensures the uniform and
fair administration of such testing and utilizes newer, effective methodologies that screen for
substances that impair judgment and/or performance, including alcohol, amphetamines, cocaine,
opiates, marijuana, PCP, Oxycodone, Oxycontin, Percoset, Hydrocodone, Vicodine, and
Hydromorphone-Dilaudid; and
b. A procedure addressing post-accident drug and alcohol testing which defines those
incidents or accidents that will trigger required drug and alcohol testing of employees who may have
contributed to the accident, keeping in mind that even the "near miss" incidents can indicate the presence of an impaired employee, and specifies what actions should be required if it is determined
that the use of alcohol or other drugs was a contributing factor or cause of the accident; and
c. A procedure addressing what actions operators should take once an impaired miner is
identified, including removal from any safety-sensitive duties; and
d. A procedure to address employees who are using legally and properly prescribed drugs that
may cause impairment; and
e. A requirement for uniform training and education for supervisors and employees,
stipulating the specific type of training, how many hours of training, how often "refresher" training
must be completed and what topics must be covered; and
f. The collection of data regarding testing results that indicate drug and/or alcohol abuse by
an employee or prospective employee that is accessible only by a designated representative of each
mine operator for the sole purpose of preemployment screening of prospective employees, but
otherwise a requirement that all information relating to drug and alcohol testing be kept in the
strictest of confidence; and
g. The collection of industry-wide data, summarized in such a way that no individuals or
specific mining locations could be identified, to permit the sharing of that data with other industries
to assist them in creating safer working environments; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Governor, the Senate and Mine Safety and Health Administration of the United States
Department of Labor.
Delegates Brown, Fleischauer, Longstreth, C. Miller, Moore, Poore and Sobonya offered the
following resolution, which was read by its title as follows:
H. R. 37 - "Designating March 8, 2011, as 'International Women's Day'."
Whereas, 2011 marks the 100
th anniversary of International Women's Day; and
Whereas, The theme for this year is "Equal access to education, training and science and
technology: Pathway to decent work for women"; and
Whereas, The purpose of observing International Women's Day is 1) to recognize that
securing peace and social progress and the full enjoyment of human rights and fundamental freedoms
requires the active participation, equality and development of women; and 2) to acknowledge the
contribution of women to the strengthening of international peace and security; and
Whereas, For the women of the world the Day's symbolism is an occasion to review how
far they have come in their struggle for equality, peace and development; and
Whereas, This is also an opportunity to unite, network and mobilize for meaningful change;
and
Whereas, In, too, many countries and societies, women remain second-class citizens; and
Whereas, In the words of UN Secretary-General Ban Ki-Moon, "Where women are
educated and empowered, economies are more productive and strong. Where women are fully
represented, societies are more peaceful and stable"; and
Whereas, According to Michelle Bachelet, Executive Director of UN Women and former
President of Chile, "Women's strength, women's industry, women's wisdom are humankind's
greatest untapped resources. The Challenge is to show how this resource can be effectively tapped
in ways that benefit us all"; and
Whereas, This challenge exists in West Virginia as it does throughout the country and the
world; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby designates March 8, 2011, as "International Women's
Day"; and, be it
Further Resolved, That the House of Delegates acknowledges the many important
contributions women make to the state of West Virginia and across the world
.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. R. 37) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Special Calendar
Unfinished Business
H. C. R. 128, Including West Virginia Route 80 in Mingo County as a Blue Star Memorial
Highway; coming up in regular order, as unfinished business, was reported by the Clerk and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
Com. Sub. for S. B. 282, Continuing Highway Design-Build Pilot Program; 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. 248),
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 Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 282) passed.
An amendment to the title of the bill, recommended by the Committee on Government
Organization, was reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 282 - "A Bill to amend and reenact §17-2D-2 and §17-2D-5 of the Code
of West Virginia, 1931, as amended, all relating to the Highway Design-Build Pilot Program;
continuing the Highway Design-Build Pilot Program for two years; increasing the annual amounts
which may be expended on design-build projects; authorizing additional projects after the effective
date of this amendment; and providing that consultant engineers involved in the preliminary planning
of a design-build project may not participate in the construction of that project."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 249), 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 Walters.
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. 282) 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.
Delegate Householder addressed the House concerning the prevailing wage law, and at the
conclusion of his remarks, Delegate Overington asked and obtained unanimous consent that they be
printed in the Appendix to the Journal.
S. B. 413, Changing title of Racing Commission's racing secretary; 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. 250),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Snuffer and Sobonya.
Absent and Not Voting: Crosier and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 413) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(. 251), and there were--yeas 94, nays 4,
absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Howell, Snuffer and Sobonya.
Absent and Not Voting: Crosier and Walters.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 413) 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 S. B. 465, Creating Marcellus Gas and Manufacturing Development Act; on
third reading, coming up in regular order, with restricted right to amend, was, on motion of Delegate
Boggs, laid over one day.
Second Reading
Com. Sub. for S. B. 234, Revising Municipal Economic Opportunity Development District
Act; on second reading, coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 235, Revising County Economic Opportunity Development District Act;
on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page twenty-seven, following section twelve, by inserting the
following:
"
§7-22-14. Modification of Included area; notice; hearing.
(a)
General. - The order creating an economic opportunity development district may not be
amended to include additional contiguous property until after the amendment is approved by the
executive director of the Development Office in the same manner as an application to approve the
establishment of the district is acted upon under section seven of this article and the amendment is
authorized by the Legislature.
(b)
Limitations. - Additional property may not be included in the district unless it is situated
within the boundaries of the county and is contiguous to the then current boundaries of the district.
(c)
Public hearing required. -
(1) The county commission of any county desiring to amend its order shall designate a time
and place for a public hearing upon the proposal to include additional property. The notice shall
meet the requirements set forth in section six of this article.
(2) At the time and place set forth in the notice, the county commission shall afford the
opportunity to be heard to any owners of real property either currently included in or proposed to be
added to the existing district and to any other residents of the county.
(d)
Application to West Virginia Development Office. - Following the hearing, the county commission may, by resolution, apply to the Development Office to approve inclusion of the
additional property in the district.
(e)
Consideration by the Executive Director of the Development Office. - Before the
executive director of the Development Office approves inclusion of the additional property in the
district, the Development Office shall determine the amount of taxes levied by article fifteen, chapter
eleven of this code that were collected by businesses located in the area the county commission
proposes to add to the district in the same manner as the base amount of tax was determined when
the district was first created. The State Treasurer shall also deposit one twelfth of this additional tax
base amount into the General Revenue Fund each month, as provided in section twelve of this
article.
(f)
Legislative action required. - After the Executive Director of the Development Office
approves amending the boundaries of the district, the Legislature must amend section nine of this
article to allow levy of the special district excise tax on business located in geographic area to be
included in the district. After the Legislature amends said section, the county commission may then
amend its order:
Provided, That the order may not be effective any earlier than the first day of the
calendar month that begins sixty days after the effective date of the act of the Legislature authorizing
the levy on the special district excise tax on businesses located in the geographic area to be added
to the boundaries of the district for which the tax is levied or a later date as set forth in the order of
the county commission.
(g)
Collection of special district excise tax. - All businesses included in a district because of
the boundary amendment shall on the effective date of the order, determined as provided in
subsection (f) of this section, collect the special district excise tax on all sales on tangible property or services made from locations in the district on or after the effective date of the county
commission's order or a later date as set forth in the order.
(h)
Minor Modifications. Nothwithstanding any provision of this article to contrary, a county
commission may amend the order creating an economic opportunity development district to make,
and may make, modifications to the boundaries of the economic opportunity development district
without holding a public hearing or receiving approval of the executive director of the West Virginia
Development Office or authorization by the Legislature if the modifications do not increase the total
acreage of the economic opportunity development district or result in a change to the base tax
revenue amount. The county commission is authorized to levy special district excise taxes on sales
of tangible personal property and services made from business locations within the modified
boundaries of the economic opportunity development district."
And,
By amending the enacting section to read as follows:
"That §7-22-3, §7-22-4, §7-22-5, §7-22-7, §7-22-10, §7-22-12, §7-22-14, §7-22-15, §7-22-17
and §7-22-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read
as follows" and a colon.
The bill was then ordered to third reading.
Com. Sub. for S. B. 263, Relating to special plates for testing of vehicles operated by certain
nonprofit corporations; on second reading, coming up in regular order, was read a second time and
ordered to third reading.
Com. Sub. for S. B. 265, Authorizing Board of Parole, with sentencing court's concurrence,
modify or waive parole's restrictions relating to minors; on second reading, coming up in regular order, was, on motion of Delegate Boggs, laid over.
Com. Sub. for S. B. 295, Authorizing DHHR promulgate legislative rules; on second
reading, coming up in regular order, was read a second time.
On motion of Delegate Brown, the bill was amended on page fourteen, section one, line two
hundred thirty-eight and two-hundred thirty-nine, by striking out the words "two hundred seventy-
five dollars ($275.00)" and inserting in lieu thereof "one hundred seventy-five dollars ($175.00)".
The bill was then ordered to third reading.
S. B. 349, Requiring bittering agent be placed in certain engine coolants and antifreezes; on
second reading, coming up in regular order, was read a second time and ordered to third reading.
S. B. 514, Authorizing legislative rule for Higher Education Policy Commission regarding
authorization of degree-granting institutions; on second reading, coming up in regular order, was
read a second time.
An amendment, recommended by the Committee on Education, was reported by the Clerk
and adopted, amending the bill on page four, section two, line fifty-eight, preceding the period, by
inserting a comma, followed by the words "with the following amendment" and a colon.
And,
On page twenty-eight, subsection 9.1.b, following the words "Good cause shall consist of",
by inserting the words "any one or more of the following"and a colon.
The bill was then ordered to third reading.
S. B. 538, Creating Learn and Earn Cooperative Education Program; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. J. R. 10, Proposing amendment to Constitution designated Repeal the Two Consecutive
Term Limitation for Sheriffs Amendment,
Com. Sub. for S. B. 93, Relating to escape from custody of Division of Juvenile Services,
Com. Sub. for S. B. 96, Relating generally to certain county officials,
Com. Sub. for S. B. 186, Relating to issuing subpoena to aid in criminal investigations
involving certain crimes against minors,
Com. Sub. for S. B. 193, Relating to law-enforcement certification generally,
Com. Sub. for S. B. 196, Relating to criminal offenses of robbery and attempted robbery,
Com. Sub. for S. B. 213, Relating to crimes using computers, telephones and electronic
devices,
S. B. 222, Relating to Municipal Police Officers and Firefighters Retirement System,
Com. Sub. for S. B. 231, Relating to elevator workers' licensure exemptions,
Com. Sub. for S. B. 238, Redesignating Division of Veterans' Affairs as Department of
Veterans' Assistance,
S. B. 239, Extending period higher education institutes have to deposit moneys into research
endowments,
Com. Sub. for S. B. 243, Relating to Neighborhood Investment Program Act,
Com. Sub. for S. B. 247, Exempting certain construction contractor purchases from
consumers sales, service and use tax,
S. B. 304, Providing alternative means for initial purchase of junked vehicles to notify DMV,
S. B. 328, Relating to issuance, disqualification, suspension and revocation of driver's
licenses,
S. B. 331, Correcting invalid code reference in definition of "eligible taxpayer",
Com. Sub. for S. B. 356, Making captive insurance company organized as risk retention
group subject to certain insurance code provisions,
Com. Sub. for S. B. 357, Relating to reporting beaver and river otter taken, tagged and
checked,
S. B. 371, Updating list of jurisdictions identified as tax havens,
Com. Sub. for S. B. 460, Authorizing Division of Forestry establish practices and procedures
to address law-enforcement requirements of division,
Com. Sub. for S. B. 464, Allowing certain persons petition to regain right to possess
firearms when lost due to mental health disability,
Com. Sub. for S. B. 492, Relating to maximizing federal funding for state Medicaid
program,
Com. Sub. for S. B. 495, Relating generally to use of electronic voting systems,
Com. Sub. for S. B. 544, Relating to municipal policemen's and firemen's pension and relief
funds,
Com. Sub. for S. B. 592, Requiring schools have crisis response plans,
And,
S. B. 612, Exempting certain schools and school districts from certain statutory provisions.
At 11:37 a.m., on motion of Delegate Boggs, the House of Delegates recessed until 5:30 p.m.,
and reconvened at that time.
* * * * * * *
Evening Session
* * * * * * *
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
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. 112, Authorizing Department of Administration promulgate legislative
rules,
And,
S. B. 581, Changing beginning date for early voting; allowing Saturday early voting,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
S. B. 530, Clarifying use of certain portion of revenues of racetracks with lottery table games,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (S. B. 530) was referred to
the Committee on Finance.
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:
S. B. 614, Permitting specific law-enforcement officials access to certain confidential
pharmaceutical information,
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. 614) 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:
H. B. 2012, Budget Bill, making appropriations of public money out of the treasury in
accordance with section fifty-one, article six of the Constitution,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2012 - "A Bill making appropriations of public money out of the
Treasury in accordance with section fifty-one, article VI of the Constitution",
With the recommendation that the committee substitute do pass.
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. 121, Authorizing DEP promulgate legislative rules,
And reports the same back with the recommendation that it do pass.
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. 177, Authorizing Department of Revenue promulgate legislative rules,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 550, Relating generally to gaming at licensed racetracks and historic
resort hotels,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2522, Relating to nursing home administrative appeals.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2586, Authorizing the Department of Transportation to promulgate
legislative rules.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect July 1, 2011, a bill of the House of Delegates as follows:
H. B. 2648, Increasing the faculty senate allotment for classroom teachers and librarians.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2697, Updating the recordkeeping requirements of municipalities.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 2766, Relating to contribution rate for the Deputy Sheriff Retirement
System.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2935, Repealing an outdated article of election code relating to voting systems.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
Com. Sub. for H. B. 2939, Clarifying the definition of compensation for purposes of
calculating required contributions to the public employees retirement system.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 2990, Changing the renewal of Racing Commission-issued occupational permits.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:
H. B. 3114, Allowing the development and operation of a nursing home on the grounds of
a critical access hospital meeting certain restrictions.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
five from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 2879, Providing a one-time, nonbase building, supplemental salary
increase for all eligible state employees.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Plymale, Wells, D. Facemire, Edgell and Boley.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a
Committee of Conference of five from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates T. Campbell, M. Poling, Fleischauer, Anderson and Ellem.
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, without amendment, of
concurrent resolutions of the House of Delegates as follows:
H. C. R. 14, The "Senator Don Caruth Memorial Road",
H. C. R. 77, The "SP5 Lloyd 'Buddy' Greene Jr. Memorial Bridge",
H. C. R. 103, The "Lt. Ronnie D. Ferrell Memorial Bridge",
H. C. R. 138, Reaffirming the sister-state relationship between the State of West Virginia
and Taiwan Province of the Republic of China,
And,
H. C. R. 139, Calling for the Congress of the United States to offer and support a resolution
honoring the life of Frank Woodruff Buckles, and providing that Mr. Buckles body be allowed to
lie in honor in the United States Capitol rotunda.
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 as follows:
S. C. R. 60 - "Requesting the Division of Highways name bridge number 20-60/63-0.11,
which crosses the Kanawha River and connects Interstate 64-eastbound/77-southbound at Exit 98
with Kanawha City at 35th Street in Charleston, Kanawha County, West Virginia, commonly known
as the 35th Street Interstate Bridge, the 'Kaufman Memorial 35th Street Bridge'."
Whereas, The Kaufman Memorial 35th Street Bridge would honor three Charlestonians,
all members of the same family who were born and raised and lived their entire lives in Charleston
not far from this bridge; and
Whereas, All three Kaufman family members, Paul Joseph Kaufman (age 60), Rose Jean
("R. J. ") Kaufman (age 52) and Steven Miles Kaufman (age 20), were tragically killed by a drunk
driver on December 28, 1980 in the prime of their lives; and
Whereas, Paul J. Kaufman served as a West Virginia State Senator from 1960 until 1968
and was widely considered an effective people-oriented legislator, sponsoring such legislation as the
West Virginia Human Rights Act, tax reform, providing free textbooks to school children, one
person one vote legislative representation, improved and expanded health care, West Virginia's first
pollution control law, the repeal of capital punishment, repeal of certain Sunday Blue Laws,
sponsorship of the first West Virginia Arts and Humanities Commission, and support of civil service
for all state government employees; and
Whereas, In 1968, Paul J. Kaufman was defeated in a bid for Governor of West Virginia,
but was subsequently elected as a delegate to his first of three Democratic National Conventions; and
Whereas, In 1951, Paul J. Kaufman launched the first legal aid office for the poor in West Virginia on a volunteer basis, which grew from a small privately financed beginning to publicly
financed legal services offices throughout the state; and
Whereas, In 1969, Paul J. Kaufman organized a regional public interest, consumer-oriented
law firm, the Appalachian Research and Defense Fund, in Kentucky and West Virginia, which he
directed until 1973, when he resumed the private practice of law in Charleston; and
Whereas, Paul J. Kaufman was a regionally and nationally published author, founder of the
first Appalachian Land Festival, and counsel to West Virginia coal miners in 1969, resulting in
passage of the first Black Lung Compensation Law in West Virginia, and subsequently the Federal
Coal Mine Health and Safety Law; and
Whereas, Rose Jean ("R. J. ") Kaufman was a strong feminist, a fierce civil rights advocate
of long standing, and a labor organizer in higher education who also had written articles for
publication; and
Whereas, R. J. Kaufman had a life-long career in the fields of social work, health and
education, and also served on the boards of a number of charitable and civic organizations, including
serving as an early member of the Women's Health Center Board, becoming an early proponent of
Kanawha-Valley Hospice, and serving as the only Caucasian Board member of the Mattie V. Lee
Home at the time of her death; and
Whereas, Opera and ballet were R. J. Kaufman's favorite spectator sports; and
Whereas, R. J. and Paul J. Kaufman were married for thirty years at the time of their
untimely deaths; and
Whereas, Steven Miles Kaufman was in the upward trajectory of his life when he was killed
with his parents; and
Whereas, Steven Miles Kaufman, like his beloved parents, attended elementary school,
junior high school, and high school in the public schools of Kanawha County; and
Whereas, Steven Miles Kaufman was a lanky, tall, student/athlete, playing basketball,
running distances and mountain climbing at the end of the first semester of his sophomore year
studying premed at Tufts University when he was killed while visiting at home over the winter
break; and
Whereas, Paul Joseph, Rose Jean and Steven Miles Kaufman were buried along side each
other, less than a mile from this bridge and the hospital where Steven Miles Kaufman was born; and
Whereas, The lives of Paul Joseph, Rose Jean and Steven Miles Kaufman shall be
recognized and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name bridge number 20-60/63-0.11, which crosses the
Kanawha River and connects Interstate 64-eastbound/77-southbound at Exit 98 with Kanawha City
at 35th Street in Charleston, Kanawha County, West Virginia, commonly known as the 35th Street
Interstate Bridge, the "Kaufman Memorial 35th Street Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Kaufman Memorial 35th Street Bridge"; 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 Transportation, the Commissioner of Highways and the family of Paul
Joseph, Rose Jean and Steven Miles Kaufman.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (S. C. R. 60) 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.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2525, Relating to the practice of social work..
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page ten, section six, line seventeen, after the word "required" by inserting the word
"supervision".
On page eleven, section six, line thirty, by striking out the word "rescinded" and inserting
in lieu thereof the word "repealed".
On page nineteen, section twelve, line thirty-nine, after the word "rules" by changing the
period to a semicolon.
On page twenty-two, section fifteen, line seven, after the word "supervision" by changing the
period to a semicolon.
On page twenty-two, section fifteen, line twelve, after the word "populations" by changing
the period to a semicolon.
On page twenty-two, section fifteen, line seventeen, after the word "issues" by changing the
period to a semicolon.
On page twenty-two, section fifteen, line twenty, after the word "level" by changing the period to a semicolon and inserting the word "and".
On page twenty-four, section sixteen, line fifteen, after the word "employment" by changing
the period to a semicolon.
On page twenty-four, section sixteen, line eighteen, after the word "applicant" by changing
the period to a semicolon.
On page twenty-five, section seventeen, line one, by striking out "(a)".
On page twenty-six, section seventeen, line eleven, after the word "functioning" by changing
the period to a semicolon.
On page twenty-six, section seventeen, line fourteen, after the word "systems" by changing
the period to a semicolon.
On page twenty-six, section seventeen, line seventeen, after the word "pyschotherapy" by
changing the period to a semicolon.
On page twenty-six, section seventeen, line twenty-one, after the word "adaptation" by
changing the period to a semicolon.
On page twenty-six, section seventeen, line twenty-six, after the word "care" by changing the
period to a semicolon.
On page twenty-six, section seventeen, line twenty-seven, after the word "services" by
changing the period to a semicolon and inserting the word "and".
On page twenty-seven, section eighteen, line five, after the word "licensed" by changing the
period to a semicolon.
On page thirty-one, section twenty-four, line four, by striking out the word "the" and inserting
in lieu thereof the word "this".
And,
On page thirty-two, section twenty-four, line thirty-six, by striking out the word "the" and
inserting in lieu thereof the word "these".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 252), and there were--yeas
90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Kump, Lane, J. Miller, Savilla and Walters.
Absent and Not Voting: Crosier, Guthrie and Householder.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2525) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 253), and there were--yeas 89, nays
8, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Cowles, Gearheart, Howell, Kump, J. Miller, Savilla and Walters.
Absent and Not Voting: Crosier, Guthrie and Householder.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2525) takes effect from its passsage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, to take effect July 1, 2011, a bill of the House of Delegates, as follows:
H. B. 2871, Relating to brownfield economic development districts.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page three, section six-a, line thirty-one, by striking out the word "An" and inserting in
lieu thereof the words "Beginning July 1, 2011, an".
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On passage of the bill, the yeas and nays were taken (Roll No. 254), 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, Guthrie and Householder.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2871) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken (Roll No. 255), 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, Guthrie and Householder.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2871) 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.
Delegate Guthrie noted to the Clerk that she was necessarily absent when the votes were
taken on Roll No. 252 through 255, and had she been present, she would have voted "Yea" thereon.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Crosier.
At 5:42 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 9, 2011.