__________*__________

Friday, January 30, 2004



The House of Delegates met at 10:00 a.m., and was called to order by the 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, January 29, 2004, being the first order of business, when the further reading thereof was dispensed with and the same approved.


Committee Reports


On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported by unanimous vote of the Committee, with the recommendation that it do pass), which was read by its title, as follows:

By Delegates Beane, Ennis, Spencer, Wright, Azinger and Frich:

H. B. 4248
- "A Bill to amend and reenact §22-20-1 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-20-2, all relating to continuation of the office of environmental advocate."
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4248) will be placed on the Consent Calendar.


Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration:

H. B. 4085, Clarifying certain terms related to the Ron Yost Personal Assistance Services Act,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:

Com. Sub. for H. B. 4085 - "A Bill to amend and reenact §18-10L-3, §18-10L-4, §-10L-5 of the code of West Virginia, 1931, as amended, all relating generally to the Ron Yost personal assistance services act; modifying definitions; clarifying requirements to receive personal assistance services; providing that the division of rehabilitation services shall directly or through contract administer program; providing that the statewide independent living council shall appoint members of board; duties of board members; board to approve contracts proposed by division of rehabilitation services; providing that no member of board can receive services through program; and duties of recipients,"

With the recommendation that the committee substitute do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4085) will be placed on the Consent Calendar.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 4110, Making the state's criminal and penalty laws applying to the use and display of beer and alcoholic beverages in motor vehicles conform to federal law,

And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:

Com. Sub. for H. B. 4110 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5, §17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9 and §17C-5C-10; and to amend and reenact §60-6-9, all relating to conforming the motor vehicle law of this state to the requirements of section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. 154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway,"

With the recommendation that the committee substitute do pass.

Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 4110) will be placed on the Consent Calendar.

Chairman Amores, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration:
H. B. 4123, Authorizing the supreme court of appeals to create a panel of senior magistrate court clerks,

And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

In accordance with the former direction of the Speaker, the bill (H. B. 4123) was referred to the Committee on Finance.


Messages from the Executive


Mr. Speaker, Mr. Kiss, presented the annual report of the Nursing Shortage Study Commission, in accordance with the provisions of the code; which was filed in the Clerk's Office.

The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
West Virginia Legislature

Legislative Rule-Making Review Committee


January 30, 2004

The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305

The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305

Gentlemen:

In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of all of the proposed legislative rules which have been submitted to and acted upon by the Legislative Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which have not previously been submitted to the Legislature for study.

Also, attached is a report listing all of the proposed legislative rules considered by the Committee, and setting forth the recommendations of the Committee with respect to the proposed legislative rules. This letter also serves as a statement that a separate bill authorizing the promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.

In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making Review Committee, are requesting that the names of all Committee members be placed upon the draft bills as sponsors in their respective houses.

Thank you for your cooperation.

Sincerely,

Mike Ross,

Senate

Virginia Mahan,

House of Delegates

Whereupon,

Mr. Speaker, Mr. Kiss, presented the report of the Legislative Rule-Making Review Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which was read by the Clerk, and the accompanying rules were referred as follows:

West Virginia Legislature

Legislative Rule-Making Review Committee

January 30, 2004

West Virginia Legislature
State Capitol
Charleston, West Virginia

Ladies and Gentlemen:

In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the Legislative Rule-Making Review Committee, we submit this report of its activities. A bill, in the form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified, as modified and amended, or as amended has been drafted by the staff of the Legislative Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11.

The Committee submits the following proposed rules to the Legislature with the recommendation that the proposed rules be authorized for promulgation by the respective agencies as submitted:
DEP, Air Quality, Division of

Nox Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Non-Electric Generating Units, 45CSR1 [H. B. 4185].

DEP, Air Quality, Division of

Emission Standards for Hazardous Air Pollutants Pursuant to 40 CFR Part 61, 45CSR15 [H. B. 4186].

DEP, Air Quality, Division of

Standards of Performance for New Stationary Sources Pursuant to 40 CFR Part 60, 45CSR16 [H. B. 4187].

DEP, Air Quality, Division of

To Prevent and Control Air Pollution from Hazardous Waste Treatment, Storage or Disposal Facilities, 45CSR25 [H. B. 4188].

DEP, Air Quality, Division of

Emission Standards for Hazardous Air Pollutants for Source Categories Pursuant to 40 CFR Part 63, 45CSR34 [H. B. 4189].

DEP, Air Quality, Division of

Requirements for Determining Conformity of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws, to Applicable Air Quality Implementation Plans (Transportation Conformity), 45CSR36 [H. B. 4190].

Health, Division of

Public Water Systems, 64CSR3 [H. B. 4206].

Health, Division of

Residential Board and Care Homes, 64CSR65 [H. B. 4209].

Highways, Division of

Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7 [H. B. 4212].


Insurance Commissioner
Medicare Supplement Insurance, 114CSR24 [H. B. 4216].

Insurance Commissioner

Self-Insurance Pools for Political Subdivisions, 114CSR65 [H. B. 4219].

Land Surveyors, Board of Examiners of

Rules and Minimum Standards for the Practice of Land Surveying in West Virginia, 23CSR1 [H. B. 4221].

Land Surveyors, Board of Examiners of

Mandatory Continuing Education for Land Surveyors, 23CSR2 [H. B. 4222].

Licensed Practical Nurses, State Board of Examiners for

Policies and Procedures for Development and Maintenance of Educational Programs in Practical Nursing, 10CSR1 [H. B. 4224].

Medicine, Board of

Licensing and Disciplinary Procedures: Physicians; Podiatrists, 11CSR1A [H. B. 4228].


Motor Vehicles, Division of
Administrative Due Process, 91CSR1 [H. B. 4230].


Natural Resources, Division of
Special Motorboating Regulations, 58CSR27 [H. B. 4233].


Natural Resources, Division of
Special Fishing Rule, 58CSR61 [H. B. 4234].

Racing Commission

Greyhound Racing, 178CSR2 [H. B. 4239].

Records Management and Preservation Board

Rule for General Management and Preservation of County Records, 100CSR2 [H. B. 4240].


The Committee submits to the Legislature the following proposed rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were approved by the Committee with the modifications with the recommendation that the proposed rules be authorized for adoption by the respective agencies as modified:
Accountancy, Board of

Board Rules and Rules of Professional Conduct, 1CSR1 [H. B. 4170].

Administration, Department of

Leasing Space on Behalf of State Spending Units, 148CSR2 [H. B. 4171].

Administration, Department of

Parking, 148CSR6 [H. B. 4172].

Agriculture, Department of

Frozen Desserts and Imitation Frozen Desserts, 61CSR4B [H. B. 4173].

Agriculture, Department of

Dairy Products and Imitation Dairy Products, 61CSR4C [H. B. 4174].

Agriculture, Department of

West Virginia Seed Law, 61CSR9 [H. B. 4175].


Architects, Board of
Registration of Architects, 2CSR1 [H. B. 4176].

Auditor's Office

Transaction Fee and Rate Structure, 155CSR4 [H. B. 4177].

Auditor's Office

State Purchasing Card Program, 155CSR7 [H. B. 4178].

Banking, Division of

Rule Pertaining to Residential Mortgage Lenders, Brokers and Loan Originators, 106CSR5 [H. B. 4179].

Consolidated Public Retirement Board

General Provisions, 162CSR1 [H. B. 4180].

Consolidated Public Retirement Board

Benefit Determination and Appeal, 162CSR2 [H. B. 4181].

Consolidated Public Retirement Board

Teacher's Defined Benefit Plan, 162CSR4 [H. B. 4182].

Consolidated Public Retirement Board

West Virginia State Police Disability Determination and Appeal Process, 162CSR9 [H. B. 4183].

Counseling, Board of Examiners in

Fees, 27CSR2 [H. B. 4184].

DEP-Division of Mining and Reclamation

Surface Mining Reclamation Rule, 38CSR2 [H. B. 4191].

DEP-Waste Management, Division of

Solid Waste Management Rule, 33CSR1 [H. B. 4192].

DEP-Waste Management, Division of

Hazardous Waste Management Rule, 33CSR20 [H. B. 4193].

DEP-Water Resources, Division of

WV/NPDES Rules for Coal Mining Facilities, 47CSR30 [H. B. 4194].

Economic Development Authority

General Administration of the West Virginia Venture Capital Act, 117CSR3 [H. B. 4195].

Economic Development Authority

Economic Development and Technology Advancement Centers, 117CSR4 [H. B. 4196].

Engineers, State Board of Registration for Professional

Rule Governing the West Virginia Board of Registration for Professional Engineers, 7CSR1 [H. B. 4197].


Fire Marshal
Certification of Electrical Inspectors, 103CSR1 [H. B. 4199].

Fire Marshal

Fees for Licenses, Permits, Inspections, Plans Review, and Other Services Rendered, 103CSR2 [H. B. 4200].

Health and Human Resources, Department of

Eligibility Standards for Economic Assistance from the James "Tiger" Morton Catastrophic Illness Fund, 72CSR1 [H. B. 4201].

Health, Division of

Assisted Living Residences, 64CSR14 [H. B. 4202].

Health, Division of

Cross-Connection Control and Backflow Prevention, 64CSR15 [H. B. 4203].

Health, Division of

Certification of Backflow Prevention Assembly Testers, 64CSR25 [H. B. 4204].

Health, Division of

Statewide Trauma/Emergency Care System, 64CSR27 [H. B. 4205].

Health, Division of

Childhood Lead Screening, 64CSR42 [H. B. 4207].

Health, Division of

Fees for Services, 64CSR51 [H. B. 4208].

Health, Division of

Birth Defects Information System, 64CSR81 [H. B. 4210].

Highways, Division of

Use of State Road Rights of Way and Adjacent Areas, 157CSR6 [H. B. 4211].


Infrastructure and Jobs Development Council
Infrastructure and Jobs Development Council, 167CSR1 [H. B. 4213].

Insurance Commissioner

Licensing and Conduct of Individual Insurance Producers, Agencies and Solicitors, 114CSR2 [H. B. 4214].

Insurance Commissioner

Surplus Lines Insurance, 114CSR20 [H. B. 4215].

Insurance Commissioner

Accident and Sickness Rate Filing, 114CSR26 [H. B. 4217].

Insurance Commissioner

Credit for Reinsurance, 114CSR40 [H. B. 4218].

Labor, Division of

Psychophysiological Detection of Deception Examinations, Limitations of Use, Requirements, Licenses and Penalties, 42CSR6 [H. B. 4220].

Landscape Architects, State Board of

Rule of the West Virginia Board of Landscape Architects, 9CSR1 [H. B. 4223].

Lottery Commission

State Lottery Rule, 179CSR1 [H. B. 4225].

Lottery Commission

Limited Video Lottery Rule, 179CSR5 [H. B. 4226].

Manufactured Housing Construction Safety Standards Board

West Virginia Manufactured Housing Construction Safety Standards Board, 42CSR19 [H. B. 4227].


Miners' Health, Safety and Training, Office of
Rule Governing Reporting Requirements for Independent Contractors, 56CSR10 [H. B. 4229].

Natural Resources, Division of

Public Land Corporation Rule Controlling the Sale, Lease, Exchange or Transfer of Land or Minerals, 58CSR2 [H. B. 4231].


Natural Resources, Division of
Revocation of Hunting and Fishing Licenses, 58CSR23 [H. B. 4232].

Optometry, Board of

Rule of the Board of Optometry, 14CSR1 [H. B. 4235].

Psychologists, Board of Examiners of

Fees, 17CSR1 [H. B. 4236].

Racing Commission

Thoroughbred Racing, 178CSR1 [H. B. 4238].

Risk and Insurance Management, Board of

Public Entities Insurance Program, 115CSR2 [H. B. 4241].

Risk and Insurance Management, Board of

Terms and Conditions Pertaining to Members of Self-Insurance Pools Who Wish to Participate in State Insurance Programs, 115CSR7 [H. B. 4242].

State Police

State Police Career Progression System, 81CSR3 [H. B. 4243].

Statewide Addressing and Mapping Board

Addressing and Mapping Standards and Participation by public Agencies in Statewide Addressing and Mapping Project, 169CSR2 [H. B. 4244].


Tax Commissioner
Alternative Resolution of Tax Disputes, 110CSR10G [H. B. 4245].


The Committee submits the following legislative rule which was modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which was approved by the Committee with the modifications and with the recommendation that the rule be authorized for adoption by the agency with amendments:

Public Service Commission
Rules and Regulations for the Transportation of Coal by Commercial Motor Vehicles, 150CSR27 [H. B. 4237].


The Committee submits the following legislative rule with the recommendation that the rule be authorized for adoption by the agency but, pursuant to West Virginia Code §29A-3-11 and 12, without recommendation regarding the amendments:
Environmental Quality Board

Requirements Governing Water Quality Standards, 46CSR1 [H. B. 4198].


The Committee submits the following bills with the recommendation that the bills be passed by the Legislature:
State Board of Registration for Professional Engineers

A Bill relating to civil penalties [H. B. 4247].

Board of Risk and Insurance Management

A Bill relating to minimum contract terms for entities participating in insurance programs and mandatory waiting periods for reentry into insurance programs for entities which have terminated coverage through the board [H. B. 4246].


Respectfully submitted,

Legislative Rule-Making Review Committee

Mike Ross,

Senate

Virginia Mahan,

House of Delegates

Messages from the Senate


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. 2 - "Requesting the Division of Highways name the bridge located on the West Virginia Turnpike at milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3, the 'Mother Jones Labor Heritage Bridge'."

Whereas, Mary Harris Jones, renowned octogenarian and rabble-rousing labor organizer, known as "Mother Jones" or "Miners' Angel", was active in the labor movement early in the 20th century when the United States was changing dramatically from an agrarian economy to an industrial economy; and

Whereas, Mother Jones came to national attention during the Paint Creek--Cabin Creek coal mine strike in West Virginia in 1912 when she was 82 years old; and

Whereas, On September 21, 1912, Mother Jones led a march of miners' wives and children through the streets of Charleston to dramatize conditions under which the miners were working; and

Whereas, The resulting furor from this march and her speeches during this strike resulted in Mother Jones being arrested, tried and convicted by a martial law court and subsequently imprisoned in a boarding house in Pratt, West Virginia; and

Whereas, Her imprisonment caused the United States Senate to order a commission to investigate conditions in the West Virginia coalfields; and

Whereas, Mother Jones was set free from prison by newly elected West Virginia Governor Henry Drury Hatfield and continued her nationwide crusade to encourage working people to join labor unions. She made her last fiery public speech at her 100th birthday party on May 1, 1930; and

Whereas, It is fitting that the interstate bridge spanning Cabin Creek and Kanawha County Route 79/3, known as Cabin Creek Road, be dedicated to this remarkable senior citizen who added to the rich and colorful history of this state and created a legacy for the labor movement nationwide; therefore, be it
Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the bridge located on the West Virginia Turnpike at milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3, the "Mother Jones Labor Heritage Bridge"; and, be it

Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Mother Jones Labor Heritage 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 the Department of Transportation.


Bills Introduced


On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4170 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of accountancy to promulgate a legislative rule relating to the board and rules of professional conduct"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4171 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to leasing space on behalf of state spending units"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4172 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the department of administration to promulgate a legislative rule relating to parking"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4173 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the commissioner of agriculture to promulgate a legislative rule relating to frozen desserts and imitation frozen desserts"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4174 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the commissioner of agriculture to promulgate a legislative rule relating to dairy products and imitation dairy products"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4175 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the commissioner of agriculture to promulgate a legislative rule relating to the West Virginia seed law"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4176 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of architects to promulgate a legislative rule relating to the registration of architects"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4177 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the auditor's office to promulgate a legislative rule relating to the transaction fee and rate structure"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4178 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the auditor's office to promulgate a legislative rule relating to the state purchasing card program"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4179 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4180 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to general provisions"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4181 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to benefit determination and appeal"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4182 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to the teachers defined benefit plan"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4183 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the consolidated public retirement board to promulgate a legislative rule relating to the West Virginia state police disability determination and appeal process"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4184 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of examiners in counseling to promulgate a legislative rule relating to fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4185 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from non-electric generating units"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4186 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4187 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR Part 60"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4188 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4189 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4190 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to requirements for determining conformity of transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. or the federal transit laws applicable air quality implementation plans (transportation conformity)"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4191 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to surface mining reclamation"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4192 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to solid waste management"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4193 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to hazardous waste management"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4194 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of environmental protection to promulgate a legislative rule relating to the West Virginia NPDES rule for coal mining facilities"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4195 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the economic development authority to promulgate a legislative rule relating to the general administration of the West Virginia venture capital act"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4196 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the economic development authority to promulgate a legislative rule relating to economic development and technology advancement centers"; to the Committee on Industry and Labor, Economic Development and Small Business then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4197 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of registration for professional engineers to promulgate a legislative rule relating to the governance of the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4198 - "A Bill to amend and reenact article 3, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the environmental quality board to promulgate a legislative rule relating to requirements governing water quality standards"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4199 - "A Bill to amend and reenact article 6, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the fire marshal to promulgate a legislative rule relating to the certification of electrical inspectors"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4200 - "A Bill to amend and reenact article 6, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the fire marshal to promulgate a legislative rule relating to fees for licenses, permits, inspections, plans review and other services rendered"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4201 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the department of health and human resources to promulgate a legislative rule relating to eligibility standards for economic assistance from the James 'Tiger' Morton catastrophic illness fund"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4202 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to assisted living residences"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4203 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to cross connection and backflow prevention"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4204 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to the certification of backflow prevention assembly testers"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4205 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to the state-wide trauma/emergency care system"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4206 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to public water systems"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4207 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to childhood lead screening"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4208 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to fees for services"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4209 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to residential board and care homes"; to the Committee on Health and Human Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4210 - "A Bill to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to the birth defects information system"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4211 - "A Bill to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of highways to promulgate a legislative rule relating to the use of state road rights of way and adjacent areas"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4212 - "A Bill to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways"; to the Committee on Roads and Transportation then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4213 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the infrastructure and jobs development council to promulgate a legislative rule relating to the council"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4214 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to the licensing and conduct of individual insurance producers, agencies and solicitors"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4215 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to surplus lines insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4216 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to Medicare supplement insurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4217 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to accident and sickness rate filing"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4218 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to credit for reinsurance"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4219 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to self-insurance pools for political subdivisions"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4220 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of labor to promulgate a legislative rule relating to psychophysiological detection of deception examinations, limitations of use, requirements, licenses and penalties"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4221 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of examiners of land surveyors to promulgate a legislative rule relating to the minimum standards for practice of land surveying in West Virginia"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4222 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of examiners of land surveyors to promulgate a legislative rule relating to mandatory continuing education for land surveyors"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4223 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of landscape architects to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4224 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of examiners for licensed practical nurses to promulgate a legislative rule relating to the policies and procedures for development and maintenance of education programs in practical nursing"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4225 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the lottery commission to promulgate a legislative rule relating to the state lottery"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4226 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the lottery commission to promulgate a legislative rule relating to limited video lottery"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4227 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the manufactured housing construction and safety standards board to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4228 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of medicine to promulgate a legislative rule relating to licensing and disciplinary procedures: physicians; podiatrists"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4229 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the office of miners health, safety and training to promulgate a legislative rule relating to reporting requirements for independent contractors"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4230 - "A Bill to amend and reenact article 8, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of motor vehicles to promulgate a legislative rule relating to administrative due process"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4231 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to the public land corporation rule controlling the sale, lease, exchange or transfer of land and minerals"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4232 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to the revocation of hunting and fishing licenses"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4233 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to special motorboating regulations"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4234 - "A Bill to amend and reenact article 10, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to special fishing"; to the Committee on Agriculture and Natural Resources then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4235 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of optometry to promulgate a legislative rule relating to the board"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4236 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of examiners of psychologists to promulgate a legislative rule relating to fees"; to the Committee on Government Organization then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4237 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the public service commission to promulgate a legislative rule relating to the transportation of coal by commercial motor vehicles"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4238 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the racing commission to promulgate a legislative rule relating to thoroughbred racing"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4239 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the racing commission to promulgate a legislative rule relating to greyhound racing"; to the Committee on the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4240 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the records management and preservation board to promulgate a legislative rule relating to the general management and preservation of county records"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4241 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of risk and insurance management to promulgate a legislative rule relating to the public entities insurance program"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4242 - "A Bill to amend and reenact article 2, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the board of risk and insurance management to promulgate a legislative rule relating to the terms and conditions pertaining to members of self insurance pools who wish to participate in state insurance programs"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4243 - "A Bill to amend and reenact article 6, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the state police to promulgate a legislative rule relating to the career progression system"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4244 - "A Bill to amend and reenact article 9, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the statewide addressing and mapping board to promulgate a legislative rule relating to addressing and mapping standards and participation by public agencies in statewide addressing and mapping projects"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4245 - "A Bill to amend and reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended, relating to authorizing the tax commissioner to promulgate a legislative rule relating the alternative resolution of tax disputes"; to the Committee on Finance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4246 - "A Bill to amend and reenact §29-12-14 of the code of West Virginia, 1931, as amended, relating to the authority of the board of risk and insurance management to promulgate legislative rules setting minimum contract terms for entities participating in insurance programs and mandatory waiting periods for reentry into insurance programs for entities which have terminated coverage through the board"; to the Committee on Banking and Insurance then the Judiciary.
By Delegates Mahan, R. Thompson, Cann, Kominar, Armstead and Faircloth:


H. B. 4247 - "A Bill to amend and reenact §30-13-21 and §30-13-22 of the code of West Virginia, 1931, as amended, relating to clarifying the board of registration for professional engineers may assess civil penalties"; to the Committee on Government Organization.


Consent Calendar

Third Reading

H. B. 4097, Clarifying those persons or entities responsible for paying certain fees assessed by the clerk of the circuit court for processing of criminal bonds and bailpiece; on third reading, coming up in regular order, was read a third time.

On the passage of the bills, the yeas and nays were taken (Roll No. 58), and there were--yeas 86, nays none, absent and not voting 14, with the absent and not voting being as follows:

Absent And Not Voting: Butcher, Campbell, Caputo, Coleman, Faircloth, Ferrell, Fleischauer, Hatfield, Kuhn, Morgan, Perdue, Poling, Shelton and H. White.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4097) passed.

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on the Consent Calendar bill and request concurrence therein.


Second Reading


The following bills on second reading, coming up in regular order, were each read a second time and ordered to engrossment and third reading:
Com. Sub. for H. B. 4101, Creating an affirmative defense for certain civil and criminal actions arising from the sale of certain alcoholic drinks and nonintoxicating beer by licensed private clubs to persons under the age of twenty-one whose age is verified by use of scanner technology,
Com. Sub. for H. B. 4104, Creating the felony crime of scanning device or reencoder fraud,

And,
H. B. 4157, Continuing the rural health advisory panel.


First Reading


The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
H. B. 4131, Requiring certain reporting to the legislative oversight commission on workforce investment for economic development,

And,
H. B. 4132, Relating to the West Virginia guaranteed work force program.

The Clerk announced that, pursuant to House Rule 70a, Delegate Trump had requested H. B. 4131 be removed from the Consent Calendar and be placed upon the House Calendar.


House Calendar

Third Reading

H. B. 4017, Prohibiting retailer licensees use of gambling names and symbols in advertising, signage and directions to retail establishments offering limited video lottery games; on third reading, coming up in regular order, was reported by the Clerk.

At the request of Delegate Staton, and by unanimous consent, the bill was returned to second reading.

On motion of Delegate Webb, the House reconsidered its action on the adoption of the amendment offered by Delegates Michael and Amores on yesterday.

The question now before the House recurring on the adoption of the amendment, Delegate Webb demanded the yeas and nays, which demand was sustained.

The yeas and nays having been ordered, they were taken (Roll No. 60), and there were--yeas 57, nays 30, absent and not voting 13, with the nays and absent and not voting being as follows:

Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frederick, Frich, Hall, Hamilton, Howard, Louisos, Overington, Romine, Schadler, Schoen, Smirl, Sobonya, Sumner, Trump, Walters and Webb.

Absent And Not Voting: Butcher, Campbell, Caputo, Coleman, Ferrell, Fleischauer, Hatfield, Kuhn, Morgan, Perdue, Poling, Shelton and H. White.

So, a majority of the members present and voting having voted in the affirmative, the amendment was adopted.

Having been engrossed, the bill was ordered to third reading.

The bill was then read a third time and put upon its passage.

Delegate Wakim requested to be excused from voting on the passage of H. B. 4017 under the provisions of House Rule 49, stating that he was a retailer described under the Limited Video Act.

The Speaker stated that because of his ownership of an establishment in which video lottery may be played, Delegate Wakim possibly could benefit directly and in a pecuniary manner, and not only as one of a class, and, therefore, excused him from voting on the bill.

The question now being on the passage of the bill, the yeas and nays were taken (Roll No. 61), and there were--yeas 57, nays 29, absent and not voting 13, excused 1, with the nays and absent and not voting and excused being as follows:

Nays: Anderson, Armstead, Ashley, Azinger, Blair, Border, Calvert, Canterbury, Carmichael, Caruth, Duke, Ellem, Evans, Faircloth, Frich, Hall, Hamilton, Howard, Leggett, Louisos, Overington, Romine, Schoen, Smirl, Sobonya, Sumner, Trump, Walters and Webb.

Absent And Not Voting: Butcher, Campbell, Caputo, Coleman, Ferrell, Fleischauer, Hatfield, Kuhn, Morgan, Perdue, Poling, Shelton and H. White.

Excused: Wakim.

So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4017) passed.

On motion of Delegate Amores, the title of the bill was amended to read as follows:

H. B. 4017 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22B-702a, relating to limitations on signage and other advertising by limited video lottery retailers; and authorizing legislative rules."

Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.


Second Reading

H. B. 4119, Allowing a phase-in of the transfer of hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of taxing authority to the municipality; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.


Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Butcher, Campbell, Caputo, Coleman, Ferrell, Fleischauer, Hatfield, Kuhn, Morgan, Perdue, Poling, Shelton and H. White.


Miscellaneous Business


Delegates Ferrell and H. White noted to the Clerk that they were absent on today when the votes were taken on Roll Nos. 58, 60 and 61, and that had they been present, they would have voted "Yea" thereon.

Delegate Beane noted to the Clerk that he was recorded absent when the vote was taken on January 22, 2004, (Roll No. 14), and that he had intended to vote "Nay" on the adoption of the amendment offered by Delegate Trump on H. B. 4022.

At 10:30 a.m., on motion of Delegate Staton, the House of Delegates adjourned until 1:00 p.m., Monday, February 2, 2004.