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Monday, February 20, 2006



The House of Delegates met at 1:00 p.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 Friday, February 17, 2006, being the first order of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports

Chairman Campbell, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration:
H. B. 4578, Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits,
And reports the same back, by unanimous vote of the Committee, with the recommendation that it do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 4578) 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. 4331, Removing the "within two years " time restriction in which an application by a former police officer or firefighter, thirty-five years old or older, who previously resigned, may submit an application for reinstatement,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4331 - "A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code, all relating to changing the 'within two years' time restriction to a 'within ten years' time restriction in which an application by a former police officer or firefighter, who previously resigned, and who meets other criteria set forth in the law, may submit an application for reinstatement and may be appointed by reinstatement without a competitive examination,"
And,
H. B. 4431, Allowing the clerk of the county commission to set reasonable fees charged for electronic or other medium versions of documents recorded in the office of clerk of the county commission,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with a new title, as follows:
Com. Sub. for H. B. 4431 - "A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to allowing the clerk of the county commission to set reasonable fees charged for electronic or other medium versions of documents received or duplicated,"
With the recommendation that the committee substitutes each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 4331 and Com. Sub. for H. B. 4431) 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. 4354, Minimizing the likelihood that a reader might be induced to believe that he or she had more time than actually existed to perfect a lien upon the subject property,
And,
H. B. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights,
And reports the same back, by unanimous vote of the Committee, with the recommendation that they each do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bills (H. B. 4354 and H. B. 4437) will be placed on the Consent Calendar.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, without amendment, of a concurrent resolution of the House of Delegates as follows:
H. C. R. 50, Requesting the Division of Highways to name the bridge on US Route 119 at Miller's Creek, the "Arnold J. Starr Memorial Bridge".
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 245 - "A Bill to repeal §8-8-1, §8-8-2, §8-8-3, §8-8-4, §8-8-5, §8-8-6, §8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17 and §8-8-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §7A-1-1, §7A-1-2, §7A-1-3, §7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3, §7A-2-4, §7A-3-1, §7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7, §7A-4-1, §7A-4-2, §7A-4-3, §7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5, §7A-5-6, §7A-5-7, §7A-5-8, §7A-6-1, §7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5, §7A-6-6, §7A-6-7, §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5, §7A-7-6, §7A-7-7, §7A-7-8 and §7A-8-1, all relating to creating the Consolidated Local Government Act; stating legislative findings and definitions; authorizing municipal consolidation, county consolidation and metro consolidation; setting forth powers of consolidated governments; establishing powers to be construed broadly; stating local consolidated government to be treated like municipality in municipal consolidation, county in county consolidation and municipality and county in metro consolidation; limiting taxing authority in metro consolidation; addressing jurisdiction and limitations of consolidated local governments; commencing consolidation by petition from voters or resolution by governing bodies; creating charter review committees; stating powers and duties of charter review committees; allowing reimbursement of expenses for committee members; submitting charter review committee budget to governing bodies; studying consolidation; addressing territory, fiscal impact, name, seat, representation, governing body, effective date, transition of service and dissolution in charter; drafting proposed charter; providing multiple public hearings; providing for notice of hearing; approving proposed charter and submitting proposed charter to governing bodies to hold elections; providing election by fifty-five percent of the votes cast in each affected local government for municipal consolidation and county consolidation; providing election by fifty-five percent of the votes cast in the principal city and fifty-five percent of the votes cast in the county, excluding the principal city, for metro consolidation; providing for notice of election and ballot; allocating payment for cost of elections; permitting reconsideration of second proposed charter if first is defeated; leaving municipalities incorporated in metro consolidation; disallowing new consolidation effort for two years after defeat; allowing subsequent joining of local governments to consolidated local government after one year of consolidation; and permitting charter to be amended"; which was referred to the Committee on Government Organization then the Judiciary.
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. 1 - "Requesting the Division of Highways name the bridge crossing the Guyandotte River at Allen Junction, Wyoming County, the ?Staff Sergeant Grover Robert Taylor Memorial Bridge'."
Whereas, Grover Robert Taylor was born April 30, 1941, in Allen Junction, Wyoming County, the son of Grant and Mary Taylor; and
Whereas, At the age of 17, Grover Robert Taylor joined the United States Army. He attained the rank of Staff Sergeant and served as a drill instructor at Fort Jackson, South Carolina; and
Whereas, In 1965, Staff Sergeant Grover Robert Taylor volunteered to go to Vietnam and served as a gunner on a helicopter. After completing his tour, he was sent to Hawaii where he served as a drill instructor for several months. Later the same year, he went back to Vietnam and served with the U. S. Army Calvary, nicknamed the Wolfhounds; and
Whereas, On April 20, 1966, 25 miles northwest of Saigon, Vietnam, Staff Sergeant Grover Robert Taylor was killed in action. He was posthumously awarded the Silver Star for heroism; and
Whereas, It is fitting that a lasting tribute be made in honor of Staff Sergeant Grover Robert Taylor who was killed in service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing the Guyandotte River at Allen Junction, Wyoming County, the "Staff Sergeant Grover Robert Taylor Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Staff Sergeant Grover Robert Taylor Memorial 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.
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. 15 - "Requesting the Department of Transportation name the Division of Motor Vehicles' facility in Williamson, Mingo County, the ?Tom C. Chafin Division of Motor Vehicles Memorial Facility'."
Whereas, Tom C. Chafin, a lifelong resident of Mingo County, was born April 30, 1911, on Mate Creek, Mingo County; and
Whereas, Mr. Chafin distinguished himself as a leader in southern West Virginia politics and his perennial influence extended from the smallest of Appalachian communities to the State Capitol in Charleston and the nation's Capitol in Washington, D. C.; and
Whereas, From his relatively humble beginnings as a coal miner and merchant, Mr. Chafin learned the common touch which served him exceedingly well later in his political and private life; and
Whereas, Mr. Chafin was a highly successful and popular public servant, spending approximately 36 years in public life where he variously served as Constable, County Clerk and Sheriff of Mingo County and was often the top vote-getter on the Democratic ballot; and
Whereas, Mr. Chafin was proud of his distinguished lineage which included the Chafins and Hatfields, two prominent pioneer Mingo families. Mr. Chafin's father was Allen Chafin and his mother was Lydia Hatfield Chafin, daughter of Ellison Hatfield (a brother to "Devil Anse" Hatfield); and
Whereas, Mr. Chafin passed away in April, 1997, leaving behind his beloved wife, sons and countless friends and acquaintances; and
Whereas, It is fitting that a lasting tribute be made in honor of this uniquely homegrown political leader; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Transportation name the Division of Motor Vehicles' facility in Williamson, Mingo County, the "Tom C. Chafin Division of Motor Vehicles Memorial Facility"; and, be it
Further Resolved, That the Department of Transportation is hereby requested to commission the fabrication of a nameplate of appropriate size, prominence and design containing the words "Tom C. Chafin Division of Motor Vehicles Memorial Facility"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the surviving members of Mr. Chafin's immediate family.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
S. B. 557 - "A Bill to amend and reenact §17-16A-6, §17-16A-11 and §17-16A-13 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Parkways, Economic Development and Tourism Authority; removing the requirement that a Shady Spring connector be completed before additional bonds are authorized; and restoring rate of tolls charged"; which was referred to the Committee on Finance.
Resolutions Introduced

Delegates Pino, Perry, Argento, Stemple, Crosier and Louisos offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 58 - "Requesting the West Virginia Division of Highways name the Vista as seen off Route 60 at Mile Marker 10.57 in Gauley Bridge, the William ?Billy? Giacomo Memorial Vista."
Whereas, William "Billy" Giacomo was born on August 27, 1972 to William L. And Nancy Giacomo; and
Whereas, "Billy" Giacomo graduated from Gauley Bridge High School and there-after graduated from West Virginia State College with honors, attaining both associate and Bachelor of Science Degrees in Criminal Justice; and
Whereas, "Billy" Giacomo became a member of the Fayette Fire Investigation Team and conducted special projects with the State Fire Marshall's office; and
Whereas, "Billy" Giacomo was a member and Captain with the Boomer Volunteer Fire Department, which he joined when he was only sixteen years of age; and
Whereas, "Billy" Giacomo worked as a policeman of the Gauley Bridge Police Department in 1997 and 1998 attaining the rank of Corporal and graduated at the West Virginia State Police Academy in 1998; and
Whereas, "Billy" Giacomo married his high school sweetheart Miss Staci Foster on July 13, 1996, and together they were exemplary in love and devotion; and
Whereas, "Billy" was an avid hunter, fisherman, golfer, rappeller and skier. In short, he loved the great outdoors, in particular, the West Virginia hills; and
Whereas, "Billy" Giacomo exhibited tremendous talent as photographer, particularly of outdoor scenes, as well as a designer of t-shirts, murals and uniform patches still worn by the Boomer Volunteer Fire Department; and
Whereas, William "Billy" Giacomo was hired by the Nicholas County Sheriff's Department as a Deputy Sheriff on October 16,1998 where he was recognized as an outstanding officer and it was in the performance of his duty, that he was fatally shot by an offender of the law on September 11, 2000; and
Whereas, Deputy Sheriff Giacomo was a loving son, brother of Linda Giacomo and devoted husband, and even in death continues to benefit others as an organ donor; and
Whereas, Deputy William "Billy" Giacomo gave his life, in the line of duty, protecting others. His sacrifice was made to ensure that we could live in peace and safety; and
Whereas, The town of Gauley Bridge has expressed its desire to name the vista in memory of William "Billy" Giacomo; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to dedicate a location on the East End of Route 60 at Mile Marker 10.57 in Gauley Bridge as the "Deputy William "Billy" Giacomo Memorial Vista" and to construct a sign to be place at the location; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Mr. William Giacomo.
Delegates Eldridge, Hrutkay, Butcher, Barker and DeLong offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 59 - "Requesting the Division of Highways to name the bridge located on Route 10 in Harts, West Virginia, the ?Harts Veterans' Memorial Bridge?."
Whereas, An inordinate number of the citizens from Harts in Lincoln County, West Virginia, have committed themselves to faithful and dedicated service in the various branches of the United States Military, including the Army, Navy, Air Force, Marine Corp and Coast Guard, and in doing so, have performed admirably, honorably, and with distinction; and
Whereas, The veterans from Harts, in times both of peace and conflict, have consistently placed the welfare of the United States of America above personal need; and
Whereas, The faithful and dedicated service of the many citizens of Harts who have served in the military should receive official recognition from this legislative body; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge located on Route 10 in Harts, West Virginia, the "Harts Veterans' Memorial Bridge."; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed at each entrance to the bridge signs proclaiming it as the "Harts Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Commissioner of the Division of Highways, the Director of the Division of Veterans' Affairs and to the Mayor and Town Council for the Town of Harts.
Delegates Craig, Eldridge, Leach, Morgan, Stephens and Hrutkay offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 60 - "Requesting the United States Congress include a portion of State Highway 10 as a corridor to the Appalachian Highway Development System."
Whereas, In order to achieve comprehensive economic development and social growth as intended by the Appalachian Regional Development Act of 1965, it is necessary to provide access to this area of Appalachia; and
Whereas, The existing section of highway must be upgraded to facilitate safe and effective transportation of goods and products through the area while allowing for safe and convenient passage of new business employees and customers alike; and
Whereas, The southern terminus of the newly established corridor will be the connection of the corridor with Corridor G in Chapmanville. The Northern Terminus of the corridor will be the intersection of the corridor with Interstate Highway 64 at exit 11, Hal Greer Boulevard; therefore, be it
Resolved b\y the Legislature of West Virginia:
That the Congress of the United States is hereby urged to include the above mentioned section of State Highway 10 into the Appalachian Highway Development System; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
Petitions

Delegate Williams presented a petition, signed by one thousand twenty-nine residents of the State, urging support for Home Schoolers to be able to participate in public school sports programs; which was referred to the Committee on Education.

Motions

Under the provisions of House Rule 50, the Clerk read the following written motion submitted by Delegate Trump:
Delegate Trump. Mr. Speaker, pursuant to House Rule 82, I move that the Committee on Finance be discharged from consideration of H. B. 4088, eliminating the sales tax on food, after the thirtieth day of June, two thousand six.
The Minority Leader (Delegate Trump) spoke in favor of the motion and the Majority Leader (Delegate Staton) spoke against.
The question being the motion to discharge the committee, Delegate Trump demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 121), and there were--yeas 31, nays 66, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim, Walters and White, Gil.
Absent and Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting not having voted in the affirmative, the motion to discharge did not prevail.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as follows:
By Delegates Staton, Amores and Craig:
H. B. 4632
- "A Bill to amend and reenact §15-5-15 of the Code of West Virginia, 1931, as amended, relating to employing homeland security and emergency service personnel"; to the Committee on the Judiciary.
By Delegate Lane:

H. B. 4633
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-2a, relating to directing one half of any budget surplus in a fiscal year equally to every West Virginia family or individual within two hundred percent of the poverty level in the form of a tax rebate to be mailed July 1, 2006; and providing rule-making authority to the Tax Commissioner for implementing this rebate"; to the Committee on Finance.
By Delegates Palumbo, Blair, Webster and Morgan:
H. B. 4634 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-3b; and to amend and reenact §17B-3-6 of said code, all relating to prohibiting wireless communication use while driving by a minor holding a learner's instructional permit or provisional license"; to the Committee on the Judiciary.
By Delegates DeLong, Tabb, Wysong and Doyle:
H. B. 4635 - "A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as amended, relating to providing that in the event a yearling was born in another state and transported to this state, the definition of ?Raiser of an accredited West Virginia horse? does not apply to any pari-mutuel racing facility in Jefferson County; and providing for a five-year sunset provision relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County"; to the Committee on the Judiciary.
By Delegates Schoen, Caputo, Beane and Amores:
H. B. 4636 - "A Bill to amend and reenact §48-1-228 of the Code of West Virginia, 1931, as amended, relating to the definition of gross income for purposes of determining child support; providing that certain employment-related expenses are excluded from gross income"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4637 - "A Bill to amend and reenact §21-10-4, §21-10-5 and §21-10-6 of the Code of West Virginia, 1931, as amended, all relating to requiring the Division of Labor, and not third parties, to conduct annual amusement ride/attraction inspections"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4638
- "A Bill to amend and reenact §8-33-3 of the Code of West Virginia, 1931, as amended, relating to permitting a member of a county building commission to hold office or employment with the United States of America, the State of West Virginia, any county or political subdivision thereof, or any political party, so long as that member recuse himself or herself from voting on any matter in which that member might have a personal or financial interest"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4639
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-12a, relating to providing a tax credit for company land donated to the state"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4640
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-71b, relating to income tax withholding on sales or transfers of real property by nonresident individuals or entities"; to the Committee on the Judiciary then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4641
- "A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to providing for a minimum of two magistrates to serve each county"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4642
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-1c, relating to providing for a public nuisance law for residential areas outside incorporated municipalities"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4643
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated 18A-4-10e, relating to authorizing county boards of education to provide for the use of sick leave days by surviving spouse in certain circumstances"; to the Committee on Education then Finance.
By Mr. Speaker, Mr. Kiss (By Request):
H. B. 4644
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-12a relating to providing pharmacists may exercise moral discretion without legal consequence to refuse to fill a prescription for 'the morning after pill'"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegates Manchin, Stalnaker, Caputo, Eldridge, Hamilton, Longstreth, Stephens, Hrutkay, Ellem and Wells:

H. B. 4645
- "A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the calculation of West Virginia adjusted gross income for personal income tax purposes; subtracting the first twenty thousand dollars of public retirement income from federal adjusted gross income to the extent included in federal gross income for federal income tax purposes"; to the Committee on Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Mahan:
H. B. 4646 - "A Bill to amend and reenact §48-27-502 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-27-703, all relating to providing for mandatory domestic violence education; establishing a Domestic Violence Officer Program"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss:
H. B. 4647
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-5A-1, §30-5A-2, §30-5A-3, §30-5A-4, §30-5A-5, §30-5A-6 and §30-5A-7, all relating to illegal Internet pharmacies; and providing for criminal penalties and fines"; to the Committee on Health and Human Resources then the Judiciary.
By Mr. Speaker, Mr. Kiss :
H. B. 4648 - "A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating to granting the board of medicine flexibility under special circumstances to issue a license to applicants who otherwise do not meet the requirement of the article"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 4649
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-13A-26, relating to a one-time assessment for public service districts"; to the Committee on Government Organization.
By Mr. Speaker, Mr. Kiss:
H. B. 4650
- "A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to deleting the provision that requires reduction of disability retirement when a person attains the age of sixty-five"; to the Committee on Pensions and Retirement then Finance.
By Mr. Speaker, Mr. Kiss:
H. B. 4651
- "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B-11B-5 and §18B-11B-6, all relating to continuing the statewide poison center generally; setting forth legislative findings; providing for the continuation of the poison center as the West Virginia Poison Control Center; requiring certification; establishing an advisory board; providing for an annual report; setting forth certain responsibilities of the West Virginia Poison Control Center; setting forth certain powers and responsibilities of the director of the center; and providing for general immunity for the center and its employees for actions taken in good faith"; to the Committee on Government Organization.
By Delegate Staton:
H. B. 4652
- "A Bill to amend the Code of West Virginia, 1931, as amended, by amending and reenacting §48-8-101, relating to the termination of alimony upon the death of the payor or payee, or the remarriage of the payee, in the absence of an agreement or court order"; to the Committee on the Judiciary.
By Delegates Staton, Browning and Varner:
H. B. 4653
- "A Bill to amend and reenact §16-13A-25 of the Code of West Virginia, 1931, as amended: and to amend and reenact §24-2-11 of said code, all relating to modifying the review by the Public Service Commission of public convenience and necessity applications where the project has been approved by Infrastructure and Jobs Development Council; providing that infrastructure and jobs development council approved projects receiving a certificate of public convenience may not be compelled to reopen"; to the Committee on the Judiciary.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4654 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-16D-1, §5-16D-2, §5-16D-3, §5-16D-4, §5-16D-5 and §5-16D- 6, all relating to the West Virginia Retiree Health Benefit Trust Fund, providing for retiree post- employment health care benefits, operation and funding"; to the Committee on Health and Human Resources then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4655
- "A Bill to amend and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and §5A-6- 6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the office of technology; making legislative findings; defining certain terms; detailing duties, powers, and authority of the chief technology officer; establishing a project management office; requiring state spending units to provide notice and obtain approval of Chief Technology Officer for certain information technology and telecommunication projects; and establishing and providing the administration for the West Virginia Technology Infrastructure Fund"; to the Committee on Government Organization then Finance.
By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 4656 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-25G-1, §33-25G-2, §33-25G-3, §33-25G-4, §33-25G-5, §33- 25G-6, §33-25G-7, §33-25G-8, §33-25G-9, §33-25G-10, §33-25G-11, §33-25G-12, §33-25G-13 and §33-25G-14, all relating to pharmacy benefit managers; requiring licensure, providing requirements for license application; defining terms; requiring certain disclosures; establishing fees; requiring retention of records; providing for annual statement; authorizing access to records; establishing special revenue account; providing for confidentiality of information; establishing penalties for violations; authorizing promulgation of rules; requiring annual report to the Legislature and Governor; and setting effective date"; to the Committee on Health and Human Resources then Finance.
By Delegates DeLong, Tucker, Hrutkay, Barker, Caputo, Marshall, Fragale, Eldridge, Miley and Moore:

H. B. 4657 - "A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to raising the ?years of service? supplemental salary increase for public employees"; to the Committee on Finance.
Consent Calendar

Third Reading

The following bills on third reading, coming up in regular order, were each read a third time:
Com. Sub. for H. B. 2548, The Diabetes Care Plan Act,
Com. Sub. for H. B. 4291, Relating to the consideration of aggravated circumstances of neglect and abuse committed against children in the same household or blended family,
Com. Sub. for H. B. 4481, Establishing a permissive provision for using ballot-scanning devices for election night tabulations,
And,
H. B. 4550, Clarifying current law requiring legislative approval of final designation of streams of special concern.
On the passage of the bills, the yeas and nays were taken (Roll No. 122), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2548, Com. Sub. for H. B. 4291, Com. Sub. for H. B. 4481 and H. B. 4550) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates on Consent Calendar bills and request concurrence therein.
Second Reading

H. B. 4116, Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Agriculture and Natural Resources Committee, was reported by the Clerk and adopted, amending the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
"ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-7. Additional powers, duties and services of director.
In addition to all other powers, duties and responsibilities granted and assigned to the director in this chapter and elsewhere by law, the director is hereby authorized and empowered to:
(1) With the advice of the commission, prepare and administer, through the various divisions created by this chapter, a long-range comprehensive program for the conservation of the natural resources of the state which best effectuates the purpose of this chapter and which makes adequate provisions for the natural resources laws of the state;
(2) Sign and execute in the name of the state by the "Division of Natural Resources" any contract or agreement with the federal government or its departments or agencies, subdivisions of the state, corporations, associations, partnerships or individuals;
(3) Conduct research in improved conservation methods and disseminate information matters to the residents of the state;
(4) Conduct a continuous study and investigation of the habits of wildlife, and for purposes of control and protection, to classify by regulation the various species into such categories as may be established as necessary;
(5) Prescribe the locality in which the manner and method by which the various species of wildlife may be taken, or chased, unless otherwise specified by this chapter;
(6) Hold at least six meetings each year at such time and at such points within the state, as in the discretion of the natural resources commission may appear to be necessary and proper for the purpose of giving interested persons in the various sections of the state an opportunity to be heard concerning open season for their respective areas, and report the results of the meetings to the natural resources commission before such season and bag limits are fixed by it;
(7) Suspend open hunting season upon any or all wildlife in any or all counties of the state with the prior approval of the Governor in case of an emergency such as a drought, forest fire hazard or epizootic disease among wildlife. The suspension shall continue during the existence of the emergency and until rescinded by the director. Suspension, or reopening after such suspension, of open seasons may be made upon twenty-four hours' notice by delivery of a copy of the order of suspension or reopening to the wire press agencies at the State Capitol;
(8) Supervise the fiscal affairs and responsibilities of the division;
(9) Designate such localities as he or she shall determine to be necessary and desirable for the perpetuation of any species of wildlife;
(10) Enter private lands to make surveys or inspections for conservation purposes, to investigate for violations of provisions of this chapter, to serve and execute warrants and processes, to make arrests and to otherwise effectively enforce the provisions of this chapter;
(11) Acquire for the state in the name of the 'Division of Natural Resources' by purchase, condemnation, lease or agreement, or accept or reject for the state, in the name of the Division of Natural Resources, gifts, donations, contributions, bequests or devises of money, security or property, both real and personal, and any interest in such property, including lands and waters, which he or she deems suitable for the following purposes:
(a) For state forests for the purpose of growing timber, demonstrating forestry, furnishing or protecting watersheds or providing public recreation;
(b) For state parks or recreation areas for the purpose of preserving scenic, aesthetic, scientific, cultural, archaeological or historical values or natural wonders, or providing public recreation;
(c) For public hunting, trapping or fishing grounds or waters for the purpose of providing areas in which the public may hunt, trap or fish, as permitted by the provisions of this chapter, and the rules issued hereunder;
(d) For fish hatcheries, game farms, wildlife research areas and feeding stations;
(e) For the extension and consolidation of lands or waters suitable for the above purposes by exchange of other lands or waters under his or her supervision;
(f) For such other purposes as may be necessary to carry out the provisions of this chapter;
(12) Capture, propagate, transport, sell or exchange any species of wildlife as may be necessary to carry out the provisions of this chapter;
(13) Sell with the approval in writing of the governor, timber for not less than the value thereof, as appraised by a qualified appraiser appointed by the director, from all lands under the jurisdiction and control of the director, except those lands that are designated as state parks and those in the Kanawha State Forest. The appraisal shall be made within a reasonable time prior to any sale, reduced to writing, filed in the office of the director and shall be available for public inspection. When the appraised value of the timber to be sold is more than five hundred dollars, the director, before making sale thereof, The director must obtain the written permission of the Governor to sell timber when the appraised value is more than five thousand dollars. The director shall receive sealed bids therefor, after notice by publication as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county in which the timber is located. The timber so advertised shall be sold at not less than the appraised value to the highest responsible bidder, who shall give bond for the proper performance of the sales contract as the director shall designate; but the director shall have the right to reject any and all bids and to readvertise for bids. If the foregoing provisions of this section have been complied with, and no bid equal to or in excess of the appraised value of the timber is received, the director may, at any time, during a period of six months after the opening of the bids, sell the timber in such manner as he or she deems appropriate, but the sale price shall not be less than the appraised value of the timber advertised. No contract for sale of timber made pursuant to this section shall extend for a period of more than ten years. And all contracts heretofore entered into by the state for the sale of timber shall not be validated by this section if the same be otherwise invalid. The proceeds arising from the sale of the timber so sold, shall be paid to the Treasurer of the State of West Virginia, and shall be credited to the division and used exclusively for the purposes of this chapter: Provided, That nothing contained herein shall prohibit the sale of timber which otherwise would be removed from rights-of-way necessary for and strictly incidental to the extraction of minerals;
(14) Sell or lease, with the approval in writing of the Governor, coal, oil, gas, sand, gravel and any other minerals that may be found in the lands under the jurisdiction and control of the director, except those lands that are designated as state parks. The director, before making sale or lease thereof, shall receive sealed bids therefor, after notice by publication as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be each county in which such lands are located. The minerals so advertised shall be sold or leased to the highest responsible bidder, who shall give bond for the proper performance of the sales contract or lease as the director shall designate; but the director shall have the right to reject any and all bids and to readvertise for bids. The proceeds arising from any such sale or lease shall be paid to the Treasurer of the State of West Virginia and shall be credited to the division and used exclusively for the purposes of this chapter;
(15) Exercise the powers granted by this chapter for the protection of forests, and regulate fires and smoking in the woods or in their proximity at such times and in such localities as may be necessary to reduce the danger of forest fires;
(16) Cooperate with departments and agencies of state, local and federal governments in the conservation of natural resources and the beautification of the state;
(17) Report to the Governor each year all information relative to the operation and functions of the division and the director shall make such other reports and recommendations as may be required by the Governor, including an annual financial report covering all receipts and disbursements of the division for each fiscal year, and he or she shall deliver such report to the Governor on or before the first day of December next after the end of the fiscal year so covered. A copy of such report shall be delivered to each house of the Legislature when convened in January next following;
(18) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts taken or entered into, and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office, except as otherwise provided by law;
(19) Offer and pay, in his or her discretion, rewards for information respecting the violation, or for the apprehension and conviction of any violators, of any of the provisions of this chapter;
(20) Require such reports as he or she may deem to be necessary from any person issued a license or permit under the provisions of this chapter, but no person shall be required to disclose secret processes or confidential data of competitive significance;
(21) Purchase as provided by law all equipment necessary for the conduct of the division;
(22) Conduct and encourage research designed to further new and more extensive uses of the natural resources of this state and to publicize the findings of such research;
(23) Encourage and cooperate with other public and private organizations or groups in their efforts to publicize the attractions of the state;
(24) Accept and expend, without the necessity of appropriation by the Legislature, any gift or grant of money made to the division for any and all purposes specified in this chapter, and he or she shall account for and report on all such receipts and expenditures to the Governor;
(25) Cooperate with the state historian and other appropriate state agencies in conducting research with reference to the establishment of state parks and monuments of historic, scenic and recreational value, and to take such steps as may be necessary in establishing such monuments or parks as he or she deems advisable;
(26) Maintain in his or her office at all times, properly indexed by subject matter, and also, in chronological sequence, all rules and regulations made or issued under the authority of this chapter. Such records shall be available for public inspection on all business days during the business hours of working days;
(27) Delegate the powers and duties of his or her office, except the power to execute contracts, to appointees and employees of the division, who shall act under the direction and supervision of the director and for whose acts he or she shall be responsible;
(28) Conduct schools, institutions and other educational programs, apart from or in cooperation with other governmental agencies, for instruction and training in all phases of the natural resources programs of the state;
(29) Authorize the payment of all or any part of the reasonable expenses incurred by an employee of the division in moving his or her household furniture and effects as a result of a reassignment of the employee: Provided, That no part of the moving expenses of any one such employee shall be paid more frequently than once in twelve months; and
(30) Promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement and make effective the powers and duties vested in him or her by the provisions of this chapter and take such other steps as may be necessary in his or her discretion for the proper and effective enforcement of the provisions of this chapter."
The bill was then ordered to engrossment and third 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:
H. B. 4283, Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process,
And,
H. B. 4470, Updating the definition of "medicare supplement policy
" .
First Reading

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for H. B. 4253, Removing the requirement for dual membership of certain higher education governing board chairs,
H. B. 4383, Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the insurance commissioner,
H. B. 4386, Ratifying the National Crime Prevention and Privacy Compact,
Com. Sub. for H. B. 4488, Creating a commission to complete a comprehensive study of the state's behavioral health system,
Com. Sub. for H. B. 4489, Testing of electronic voting machines used for early voting in order to allow their use on election day,
Com. Sub. for H. B. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia,
And,
H. B. 4603, Authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree granting institutions.
Special Calendar

Third Reading

Com. Sub. for H. B. 3258, Permitting the sale of nonintoxicating beer within a certain distance from a church that consents to the sale;
on third reading, coming up in regular order, with the right to amend, was reported by the Clerk.
Delegates
Carmichael, Ellem, Overington, Leggett, Tansill, Lane, Romine, Trump, Rowan, Blair, Sumner, Porter, Schoen, Anderson, Border, Ashley, Canterbury, Hamilton, Howard, Sobonya, Frich, Armstead, Azinger, Evans, Roberts, Schadler, Louisos and Walters moved to amend the bill on page six, section eight, line ninety-two , following the word "That", by inserting the words "for applications for licenses filed for periods beginning after the thirtieth day of June, two thousand six, measurement of the three hundred foot distance between the place or building in which the applicant proposes to do business and any church, shall be by the closest property boundaries rather than from the front door to front door: Provided however, That",
And,
On page six, section eight, line ninety-five, by striking out the word "however" and inserting in lieu thereof the word "further".
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 127), and there were--yeas 45, nays 52, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, DeLong, Duke, Eldridge, Ellem, Ennis, Evans, Fragale, Frich, Hall, Hamilton, Hartman, Hatfield, Howard, Lane, Leggett, Louisos, Miley, Overington, Palumbo, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stephens, Stevens, Sumner, Susman, Tabb, Tansill, Thompson, Rick, Trump, Tucker, Walters and Wysong.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 128), and there were--yeas 61, nays 35, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Blair, Border, Cann, Carmichael, Ellem, Ennis, Fragale, Frich, Hamilton, Howard, Iaquinta, Lane, Leggett, Louisos, Miley, Overington, Paxton, Poling, Porter, Roberts, Romine, Schadler, Schoen, Sobonya, Stephens, Stevens, Sumner, Susman, Tabb, Tansill, Thompson, Rick, Tucker and Walters.
Absent And Not Voting: Brown, Ferrell, Moore and Spencer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3258) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4018, Relating to the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 129), and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Schadler and Schoen.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4018) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 130), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Schoen.
Absent And Not Voting: Brown, Ferrell and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4018) 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.
H. B. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund; 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. 131), 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: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4075) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 132), 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: Brown, Ferrell and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4075) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4243, Relating to salvage certificates for certain wrecked vehicles; 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. 133), and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Lane.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub for H. B. 4243) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4341, Requiring that instructional support and enhancement days are held twice before December thirty-first, and three times after January first of the instructional term; on third reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
H. B. 4406, Removing the requirement to evaluate certain classroom teachers at least every three years; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 134), and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Carmichael, Lane, Overington, Schadler and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4406) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4458, Relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases; 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. 135), 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: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4458) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
H. B. 4479, Relating to Manufactured Housing Construction and Safety Standards; 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. 136), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Blair, Frich, Hall, Lane, Louisos, Rowan, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 4479) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 137), and there were--yeas 87, nays 10, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Blair, Carmichael, Frich, Hall, Lane, Louisos, Sobonya, Stevens, Sumner and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4479) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.
Com. Sub. for H. B. 4483, Making the use of a fictitious name in the conduct of business with intent to misrepresent the geographic origin or location of the business an Unfair Trade Practice; 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. 138), and there were--yeas 79, nays 18, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Ashley, Blair, Carmichael, Hall, Lane, Louisos, Miley, Overington, Porter, Roberts, Schoen, Sobonya, Sumner, Tansill, Trump, Wakim and Walters.
Absent And Not Voting: Brown, Ferrell and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4483) passed.
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. 4522
, Removing the Commissioner of Insurance as the attorney in fact for HMO's for service of process purposes; on second reading, coming up in regular order, was, on motion of Delegate Staton, laid over one day.
First Reading

Com. Sub. for H. B. 4256, Providing a procedure for removal of county, district or municipal officers; on first reading, coming up in regular order, was read a first time and ordered to second reading.
Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day were granted Delegates Brown, Ferrell and Moore.
Miscellaneous Business

Delegate Beach announced that he was absent on today when the vote was taken on Roll No. 122, and that had he been present, he would have voted "Yea" thereon.
The Clerk received a communication from the Speaker, appointing members of the Select Committee on Mine Safety Issues, heretofore created by resolution of the House, which members were as follows:
Delegates Kominar (Chair), Hamilton, Browning, Boggs, Craig, Moore, Frederick, Caputo, Stevens, Lane, Porter and Armstead.
At 3:07 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, February 21, 2006.